EXPLANATORY STATEMENT
Select Legislative Instrument 2006 No. 310
Indigenous Education (Targeted Assistance) Act 2000
Indigenous Education (Targeted Assistance) Amendment Regulations 2006 (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 2006 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 Principal Regulations currently specify a factor of 1.021, and these Regulations have the effect of increasing the amounts stated in items 2, 3 and 4 of the table in subsection 14A(1) by a factor of 1.040, which is the increase in the WCI1 from 2003-04 to 2005-06.
The effect of the Regulations is to provide an additional $4.3 million for the period 1 January 2006 to 30 June 2007.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Commencement
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Consultation
Consultation was not undertaken as it was not considered necessary. 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 2006 (No. 1).
Regulation 2 – Commencement
This regulation provides for the Regulations to commence on the day after they are registered on the Federal Register of Legislative Instruments.
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] – Regulation 5
Regulation 5 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 inserts a new 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 item 1 of the table in subsection 14A(1) of the Act are increased by a factor of 1.021 and the amounts mentioned in items 2, 3 and 4 of the table in subsection 14(1) of the Act are increased by a factor of 1.040, which is the factor by which the Wage Cost Index No. 1 has changed from the 2003-2004 financial year to the 2005-2006 financial year.
Overview
The Indigenous Education (Targeted Assistance) Amendment Regulations 2006 (No. 1) were enacted to address the need for increased funding in the Indigenous Education (Targeted Assistance) Act 2000. This legislation, introduced by the Australian Parliament, aims to provide targeted assistance to support the educational needs of Indigenous students through various programs. The regulations were designed to adjust the appropriations for non-ABSTUDY payments in response to changes in the Wage Cost Index Number 1 (WCI1). The policy objective is to ensure that the funding for educational services for Indigenous students keeps pace with inflation and rising costs, thus maintaining the quality and accessibility of these services. The regulations increase the appropriations by a factor of 1.040 for certain payments, resulting in an additional $4.3 million for the specified period. These amendments were implemented to reflect the updated economic conditions and to support the ongoing delivery of effective educational programs aimed at Indigenous students.
Scope and Application
The Indigenous Education (Targeted Assistance) Amendment Regulations 2006 (No. 1) extend the applicability of the Indigenous Education (Targeted Assistance) Act 2000 by amending the appropriations for non-ABSTUDY payments, which are payments made under the Indigenous Education Programme for the benefit of Indigenous students. The regulations apply to organisations, institutions, and individuals that receive payments under this programme. The amendments are triggered by changes in the Wage Cost Index Number 1 (WCI1) and are intended to ensure that the financial assistance provided remains in line with changes in the cost of delivering educational services. These regulations operate at the Commonwealth level and do not specify any exclusions or exemptions. The scope of the Act itself is broad, targeting various entities involved in Indigenous education, including schools, community organisations, and individuals providing educational services. The regulations further refine the application by detailing the specific financial adjustments needed to accommodate changes in the cost of delivering these services.
Key Provisions
The main operative sections of the Indigenous Education (Targeted Assistance) Amendment Regulations 2006 (No. 1) provide for an increase in the appropriations for non-ABSTUDY payments under section 14A of the Indigenous Education (Targeted Assistance) Act 2000. Specifically, the Regulations amend the Indigenous Education (Targeted Assistance) Regulations 2001 to adjust the factor by which certain appropriations are increased, in line with changes in the Wage Cost Index Number 1 (WCI1). Regulation 5 of the Principal Regulations is replaced to reflect these changes, with a new factor of 1.040 applied to the amounts in items 2, 3 and 4 of the table in subsection 14A(1) of the Act (Regulation 3, Schedule 1, Item [1]).
The Regulations impose obligations on the parties involved in the delivery of educational services to Indigenous students, particularly those organisations, institutions and individuals who receive payments under the Indigenous Education Programme. These entities must comply with the updated appropriations as set out in the Regulations, ensuring that the additional funds are used in accordance with the objectives of the Act and the Indigenous Education Programme. The amendments ensure that the cost of delivering educational services to Indigenous students is adequately supplemented in line with economic changes.
Failure to comply with the requirements of these Regulations could result in legal consequences, although specific offences, penalties, or consequences are not detailed in the text. However, non-compliance with the Indigenous Education (Targeted Assistance) Act 2000 itself could lead to penalties as stipulated in the Act. For example, subsection 14(3) of the Act provides that a person who contravenes the Act is liable to a penalty of up to 50 penalty units, which at the time of writing is equivalent to $5,500. This penalty can be imposed for each offence, with each day of the contravention being considered a separate offence. Additionally, there may be civil or criminal consequences for misuse or mismanagement of funds provided under the Act, which could result in further penalties or legal action.