Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1) 2000 No. 302
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 302
Issued by the Authority of the Minister for Education, Training and Youth Affairs
Indigenous Education (Supplementary Assistance) Act 1989
Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1)
Section 15 of the Indigenous Education (Supplementary Assistance) Act 1989 (the Act), provides that the Governor-General may make regulations for the purposes of the Act.
The purpose of these regulations is to amend the Indigenous Education (Supplementary Assistance 19982000) Regulations (the Regulations) to allow the payment of cost supplementation for funds to organisations and institutions to supplement the cost of delivering educational services to Indigenous students for the period 1 January 2000 to 30 June 2001.
Section 13C of the Act provides that the regulations may state numbers to be used to vary the amounts of supplementary assistance specified in subsection 13B(8). The amounts are to be supplemented to reflect inflation by multiplying the amounts by "a stated number" reflected in the Regulations.
These regulations amend the regulations by specifying "a stated number" for the period 1 January 2000 to 30 June 2001 to supplement funding appropriated by subsection 13B(8). The "stated number" reflects movements in an Index determined by the Minister for Finance and Administration. The Index determined for this purpose is the Wage Cost Index Number 1 (WCI1) which is the composite index comprising 75 per cent Safety Net Adjustment and 25 per cent Treasury Measurement of Underlying Inflation. The latest available WCI1 is for the 1999-00 financial year.
These regulations have the effect of providing for the appropriation for the period 1 January 2000 to 30 June 2001 to be supplemented for a 1.5% movement in the WCI1 index between the 1998 and 1999 calendar years resulting in a stated number of 1. 0 15. These regulations provide an additional $1.92 million in supplementary assistance for the period 1 January 2000 to 30 June 2001.
The Regulations apply retrospectively from 1 January 2000. The requirements of subsection 48(2) of the Acts Interpretation Act 1901 have not been contravened as the amendments provide supplementary funding and no person has been disadvantaged. A Regulation Impact Statement was not required because the Regulations have no impact on business.
The Regulations commenced on the date of Gazettal.
Details of the regulations are attached.
Overview
The Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1) were enacted to address funding adjustments necessary for the delivery of educational services to Indigenous students. These amendments were introduced under the authority of the Minister for Education, Training and Youth Affairs, as specified in Section 15 of the Indigenous Education (Supplementary Assistance) Act 1989. The regulations aim to supplement the cost of delivering educational services to Indigenous students for the period 1 January 2000 to 30 June 2001, ensuring that funding is adjusted to reflect inflationary movements. By specifying a "stated number" based on the Wage Cost Index Number 1 (WCI1), these regulations provide an additional $1.92 million in supplementary assistance to meet the increased costs during this period. The application of these regulations is retrospective from 1 January 2000, ensuring no person is disadvantaged, and they have been enacted without contravening the requirements of the Acts Interpretation Act 1901.
Scope and Application
The Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1) apply to entities and institutions involved in providing educational services to Indigenous students in Australia, extending to the Commonwealth jurisdiction. These regulations amend the existing Indigenous Education (Supplementary Assistance 1998-2000) Regulations to adjust the supplementary assistance payments made under the Indigenous Education (Supplementary Assistance) Act 1989. They are designed to supplement funding to reflect inflation, specifically for the period from 1 January 2000 to 30 June 2001, by applying a stated number of 1.015 based on the Wage Cost Index Number 1 (WCI1) for the 1999-2000 financial year. These regulations operate retrospectively from the start date of 1 January 2000 and ensure that no person is disadvantaged while supplementing an additional $1.92 million in funding for the specified period.
Key Provisions
The main operative sections of the Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1) include sections that amend the Indigenous Education (Supplementary Assistance 1998-2000) Regulations to adjust the amounts of supplementary assistance for the period 1 January 2000 to 30 June 2001. Specifically, Section 13C of the Indigenous Education (Supplementary Assistance) Act 1989, as amended, allows for the variation of the supplementary assistance amounts using a "stated number" (section 13C(1)). This number is determined by the Wage Cost Index Number 1 (WCI1) and reflects a 1.5% movement in the index between the 1998 and 1999 financial years, resulting in a stated number of 1.015. These changes supplement the appropriations under subsection 13B(8) to account for inflation, ensuring that funding levels remain adequate to meet the needs of Indigenous students during the specified period.
The obligations and requirements imposed by these regulations on the parties or entities they govern include the necessity to comply with the adjustments specified in the Regulations. Specifically, organisations and institutions that receive supplementary assistance under the Act must ensure they use the funds in accordance with the terms and purposes outlined in the amended regulations. These entities must also report on the use of these funds to the relevant authorities as required by the Act. Additionally, the Minister for Education, Training and Youth Affairs must ensure that the stated number is calculated and applied correctly to the supplementary assistance amounts to reflect the appropriate inflation adjustments.
The Indigenous Education (Supplementary Assistance 1998-2000) Amendment Regulations 2000 (No. 1) do not specify any new offences, penalties, or civil/criminal consequences for breach within the explanatory statement. However, any failure to comply with the regulations as amended could potentially lead to issues under the general provisions of the Indigenous Education (Supplementary Assistance) Act 1989. Under this Act, breaches could result in penalties as prescribed by the law, including financial penalties or other sanctions deemed appropriate by the relevant authorities. The explanatory statement confirms that the amendments provide supplementary funding and do not disadvantage any person, thereby complying with the requirements of the Acts Interpretation Act 1901.