Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021

Administered by Department of Education

Legislation au F2021L00952 In force Legislative Instrument

Legislation content

Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021

made under subsection 52(3A) and paragraph 58A(2)(e) of the Australian Education Regulation 2013

Compilation No. 1              

Compilation date:                            29 October 2021

Includes amendments up to:           F2021L01469

About this compilation

 

This compilation

This is a compilation of the Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021 that shows the text of the law as amended and in force on 29 October 2021 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Selfrepealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

1 Name

  This determination is the Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021.

3 Authority

  This determination is made under subsection 52(3A) and paragraph 58A(2)(e) of the Australian Education Regulation 2013.

4 Definitions

  Note:  The following expressions used in this instrument are defined in the                              Regulation:

(a)     levels of adjustment (see section 17A)

(b)     student with disability (see section 4).

  In this determination:

nominated person means personnel of PricewaterhouseCoopers Consulting engaged to undertake the Review.

Regulation means the Australian Education Regulation 2013.

Review means the Student with Disability Loading Settings Review conducted on behalf of the department.

5 Additional required information about students with disability

(1)           For paragraph 58A(2)(e) of the Regulation, the following information is to be provided by the approved authority for a school nominated by the department:

(a)           for each level of adjustment, the cost of the adjustments provided for students with disability at the school, and

(b)           for a student receiving more than one adjustment, the cost of these adjustments.

Example:  Adjustments include measures such as specialised equipment to allow a student with disability to participate in education on the same basis as a student without disability.

(2)           For subsection 52(3A) of the Regulation, the information mentioned in subsection (1) above is to be provided to the nominated person by 30 June 2022, by:

(a)           completing a survey provided by the nominated person for the purposes of the Review; and

(b)           participating in any school visit conducted by the nominated person for the purposes of the Review.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 


 

Endnote 2—Abbreviation key

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/subsubparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

SubCh = SubChapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 


 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021

2 July 2021 (F2021L00952)

3 July 2021

 

Australian Education (Required Information – Student with Disability Loading Settings Review) Amendment (Information Date) Determination 2021

28 October 2021 (F2021L01469)

29 October 2021

 

 


 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2

rep LA s 48D

s 5

am (see F2021L01469)

 

 

 


 

 

 

Overview

The Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021, enacted on 3 July 2021, was introduced to address the need for comprehensive data regarding the costs of disability-related adjustments for students within the Australian education system. This legislative instrument was made under subsection 52(3A) and paragraph 58A(2)(e) of the Australian Education Regulation 2013, and its primary policy objective is to facilitate a thorough review of the settings and costs associated with student disability loadings. This review is intended to ensure that educational institutions provide adequate resources and support for students with disabilities, thereby promoting equitable access to education. The determination mandates that specific information, such as the costs of adjustments for students with disabilities and details about students receiving multiple adjustments, be collected and submitted by approved authorities by 30 June 2022. This information will be used to inform the Student with Disability Loading Settings Review conducted on behalf of the department.

Scope and Application

The Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021 applies to approved authorities responsible for schools nominated by the Department of Education. This legislation mandates the provision of specific information regarding the cost of adjustments provided to students with disabilities. The requirement is set forth under the Australian Education Regulation 2013, and the information must be supplied to a nominated person, specifically personnel from PricewaterhouseCoopers Consulting engaged to undertake the Review. This determination has a national reach as it pertains to educational institutions across Australia, falling under the Commonwealth jurisdiction. Notably, the determination does not explicitly outline exclusions, exemptions, or thresholds, though it is likely contingent on the specific provisions of the Australian Education Regulation 2013. The application of this determination can be further extended or restricted through subordinate instruments, as per the overarching regulation.

Key Provisions

The Australian Education (Required Information – Student with Disability Loading Settings Review) Determination 2021 (sections 3 and 5) specifies the information required regarding students with disabilities in schools. Section 5(1) mandates that the approved authority must provide the following details for each level of adjustment for students with disabilities: the cost of the adjustments at the school and, for students receiving more than one adjustment, the combined cost of these adjustments. This information must be provided for each level of adjustment, illustrating the financial outlay for accommodating students with disabilities (section 5(1)(a) and (b)). Additionally, section 5(2) requires this information to be submitted to a nominated person by 30 June 2022. The approved authority must complete a survey provided by the nominated person and participate in any school visits conducted for the purposes of the review. The obligations under the Determination are clear and direct. The approved authority must ensure that the specified information about students with disabilities is accurately collected and reported. This involves completing a survey and potentially participating in visits to the schools. The approved authority must also ensure that the data provided is up-to-date and accurate, reflecting the true cost of adjustments for students with disabilities. The nominated person, in this case, personnel from PricewaterhouseCoopers Consulting, has the responsibility to conduct the review and collect the required information. There are no explicit offences or penalties detailed within the Determination itself, but the failure to comply with the requirements could lead to broader consequences under the Australian Education Regulation 2013. Non-compliance might result in the department taking corrective actions or seeking further information to ensure that the required data is obtained. While the Determination does not specify financial penalties, the implications of non-compliance could affect funding allocations and the oversight of educational resources for students with disabilities.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.