EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 215
Indigenous Education (Targeted Assistance) Act 2000
Indigenous Education (Targeted Assistance) Amendment Regulations 2005 (No. 1)
Authority
Section 18 of the Indigenous Education (Targeted Assistance) Act 2000 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 14A of the Act sets out the appropriations for non-ABSTUDY payments for the period from 1 January 2005 to 30 June 2009. Non-ABSTUDY payments are payments (other than ABSTUDY payments) made for the purposes of the Act to organisations, institutions and individuals. Payments are made under the Indigenous Education Programme, which includes elements such as Supplementary Recurrent Assistance, English as a Second Language – Indigenous Languages Speaking Students, Indigenous Education Projects, the Indigenous Tutorial Assistance Scheme and Whole of School Intervention Strategy.
Subsection 14A(2) of the Act allows the making of regulations to increase the appropriations provided in section 14A by reference to changes in a specified index. The index applied for this purpose in the Regulations is the Wage Cost Index Number 1 (WCI1).
Purpose and operation
The purpose of the Regulations is to make provision for an increase in the amounts that may be payable to organisations, institutions and individuals under section 14A of the Act in order to supplement the cost of delivering educational services to Indigenous students for the period 1 January 2005 to 30 June 2009 in line with changes in the WCI1.
The Regulations amend the Indigenous Education (Targeted Assistance) Regulations 2001 (the Principal Regulations) to provide for increases in the appropriations for non-ABSTUDY amounts set out in subsection 14A(1) of the Act in accordance with subsection 14A(2) of the Act. The Regulations have the effect of increasing the amounts stated in section 14A by a factor of 1.021, which is the increase in the WCI1 from 2003-04 to 2004-05.
The effect of the Regulations is to provide an additional $4.87 million for the period 1 January 2005 to 30 June 2006.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Commencement
The Regulations are taken to have commenced retrospectively on 1 October 2005. This is to ensure that the supplemented amounts of financial assistance can be paid to funding recipients in October 2005. The Regulations provide for increases in the grants paid under the Act and consequently do not disadvantage recipients in any way. The Office of Legislative Drafting and Publishing has advised that the retrospective commencement of the regulations does not contravene subsection 12(2) of the Legislative Instruments Act 2003.
Consultation
Consultation was not undertaken prior to making the Regulations as it was not considered necessary in this case. The Regulations have the effect of increasing the amounts payable under section 14A of the Act.
Details of the Regulations
Regulation 1 – Name of Regulations
This regulation provides that the title of the Regulations is the Indigenous Education (Targeted Assistance) Amendment Regulations 2005 (No. 1).
Regulation 2 – Commencement
This regulation provides that the Regulations are taken to have commenced on 1 October 2005.
Regulation 3 – Amendment of Indigenous Education (Targeted Assistance) Regulations 2001
This regulation provides that the Principal Regulations are amended as set out in Schedule 1.
Schedule 1 – Amendments
Item [1] – After regulation 4, including the note
Regulation 4 of the Principal Regulations sets out the factor by which appropriations for non-ABSTUDY payments set out in section 14 of the Act are increased.
This item adds regulation 5 which deals with the appropriations for non-ABSTUDY payments for the 2005-2008 quadrennium in accordance with section 14A of the Act. Regulation 5 provides that, for subsection 14A(2) of the Act, the amounts mentioned in each item of the table in subsection 14A(1) of the Act are increased by a factor of 1.021, which is the factor by which the Wage Cost Index No. 1 has changed from the 2003-2004 financial year to the 2004-2005 financial year.
Overview
The Indigenous Education (Targeted Assistance) Amendment Regulations 2005 (No. 1) were enacted to adjust the financial assistance provided under the Indigenous Education (Targeted Assistance) Act 2000. This Act was established by the Parliament of Australia to address the specific educational needs of Indigenous students, with a focus on providing targeted assistance to ensure equitable access to education. The 2005 amendment aimed to update the appropriations for non-ABSTUDY payments, which are intended to supplement the cost of delivering educational services to Indigenous students, in alignment with changes in the Wage Cost Index Number 1 (WCI1). The policy objective behind these regulations is to ensure that the financial support for Indigenous education keeps pace with inflation and cost of living adjustments, thereby maintaining the effectiveness and reach of the educational programs funded under the Act.
The regulations were made under the authority of section 18 of the Indigenous Education (Targeted Assistance) Act 2000, which empowers the Governor-General to make regulations necessary for carrying out the Act. By amending the Indigenous Education (Targeted Assistance) Regulations 2001, the 2005 Amendment Regulations increased the appropriations for non-ABSTUDY payments by a factor of 1.021, reflecting the increase in the WCI1 from 2003-04 to 2004-05. This adjustment resulted in an additional $4.87 million for the period 1 January 2005 to 30 June 2006. The regulations were designed to commence retrospectively on 1 October 2005, ensuring that the financial assistance could be distributed without delay.
Scope and Application
The Indigenous Education (Targeted Assistance) Amendment Regulations 2005 (No. 1) amends the Indigenous Education (Targeted Assistance) Regulations 2001 to adjust appropriations for non-ABSTUDY payments as specified in the Indigenous Education (Targeted Assistance) Act 2000. The Act applies to the allocation of funds for targeted educational assistance to Indigenous students, provided through various schemes and initiatives, including the Indigenous Education Programme. This programme encompasses elements like Supplementary Recurrent Assistance, English as a Second Language support for Indigenous Languages Speaking Students, Indigenous Education Projects, the Indigenous Tutorial Assistance Scheme, and the Whole of School Intervention Strategy. The Regulations increase the appropriations by a factor of 1.021 to align with changes in the Wage Cost Index Number 1 from 2003-04 to 2004-05, providing an additional $4.87 million for the period from 1 January 2005 to 30 June 2006. These Regulations, which are Commonwealth instruments, affect funding recipients such as organisations, institutions, and individuals who receive non-ABSTUDY payments under the Act. The amendments are designed to ensure that the financial assistance provided can keep pace with inflation and other cost increases, thereby supporting the effective delivery of educational services to Indigenous students.
Key Provisions
The Indigenous Education (Targeted Assistance) Amendment Regulations 2005 (No. 1) (Regulations) primarily amend the appropriations for non-ABSTUDY payments under the Indigenous Education (Targeted Assistance) Act 2000 (the Act) to align with changes in the Wage Cost Index Number 1 (WCI1) (Regulation 3). These appropriations, which include payments made under the Indigenous Education Programme, are increased by a factor of 1.021, reflecting the rise in the WCI1 from the 2003-04 to the 2004-05 financial year (Regulation 5). This amendment ensures that the financial assistance provided to organisations, institutions, and individuals for delivering educational services to Indigenous students is adjusted to account for inflation and rising costs.
Under the Act, the primary obligation for the relevant authorities is to ensure that the increased appropriations are effectively disbursed to the appropriate recipients (Section 14A(2)). This involves calculating the necessary adjustments to the funding levels based on the WCI1 and ensuring that these calculations are correctly reflected in the payments made to the various educational entities involved in the Indigenous Education Programme. The Act also mandates that the appropriations be used strictly for the purposes outlined, which include Supplementary Recurrent Assistance, English as a Second Language – Indigenous Languages Speaking Students, Indigenous Education Projects, the Indigenous Tutorial Assistance Scheme, and Whole of School Intervention Strategy (Section 14A(1)).
The Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with the appropriations adjustments. However, any failure to correctly implement the amendments or misallocation of funds could potentially result in legal scrutiny or administrative penalties under the broader legislative framework of the Act, which governs the distribution and use of funds for Indigenous education. The precise consequences would depend on the nature and extent of the non-compliance and would be subject to the enforcement mechanisms available under the Act.