Indigenous Education (Targeted Assistance) Amendment Regulations 2008 (No. 1)

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2008L04483 Regulations Not in force Legislative Instrument

Legislation content

 

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 230

 

Issued by the authority of the Minister for Education

 

Indigenous Education (Targeted Assistance) Act 2000

 

Indigenous Education (Targeted Assistance) Amendment Regulations 2008 (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.

 

Subsection 14A(1) 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 Program, which includes elements such as Supplementary Recurrent Assistance, English as a Second Language – Indigenous Language Speaking Students, Indigenous Education Projects, the Indigenous Tutorial Assistance Scheme and the Whole of School Intervention Strategy.

 

Subsection 14A(2) of the Act allows the making of regulations to increase the appropriations provided in subsection 14A(1) by reference to changes in a specified index.  The index specified for this purpose in the proposed Regulations is the Wage Cost Index Number 1 (WCI1).

 

Purpose and operation

The Regulations make provision for an increase in the amounts that may be payable to organisations, institutions and individuals under subsection 14A(1) of the Act to supplement the cost of delivering educational services to Indigenous students for the period 1 January 2008 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 payments set out in subsection 14A(1) of the Act.  The Principal Regulations currently specify a factor of 1.021 for item 1, 1.040 for item 2 and 1.061 for item 3 of the table in subsection 14A(1).  These Regulations have the effect of increasing the amount stated in item 4 of the table in subsection 14A(1) by a factor of 1.083, which reflects the increase in the WCI1 for calendar year 2008.

 

The effect of the Regulations is to provide an additional $5.7 million for the period 1 January 2008 to 30 June 2009.

 

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 appropriated 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 2008 (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] – Subregulation 5(1)

 

Regulation 5 of the Principal Regulations sets out the factor by which appropriations for non-ABSTUDY payments set out in the table in subsection 14A(1) of the Act are increased.  The factor for each year is specified in the table in subregulation 5(1).  Table item 4 in both subsection 14A(1) of the Act and subregulation 5(1) deals with the appropriation for non-ABSTUDY payments for the period 1 January 2008 to 30 June 2009.

 

Item [1] amends table item 4 in subregulation 5(1) to have the effect of providing that, pursuant to subsection 14A(2) of the Act, the amount mentioned in table item 4 in subsection 14A(1) of the Act is increased by a factor of 1.083, which is the factor by which the Wage Cost Index No. 1 has changed for the 2008 calendar year.

 

 

Overview

The Indigenous Education (Targeted Assistance) Amendment Regulations 2008 (No. 1) were enacted to address the need for increased funding for educational services aimed at Indigenous students. Authorised by section 18 of the Indigenous Education (Targeted Assistance) Act 2000, these regulations were introduced by the Governor-General to adjust appropriations for non-ABSTUDY payments from 1 January 2008 to 30 June 2009. The policy objective is to ensure that funding for these services keeps pace with the changes in the Wage Cost Index Number 1 (WCI1). This amendment allows for an additional $5.7 million to be allocated towards these services, reflecting the rise in costs due to wage increases. The regulations are designed to support the broader goals of the Act by enhancing the quality and accessibility of educational services for Indigenous students.

Scope and Application

The Indigenous Education (Targeted Assistance) Amendment Regulations 2008 (No. 1) are subordinate legislation enacted under section 18 of the Indigenous Education (Targeted Assistance) Act 2000, empowering the Minister for Education to make regulations necessary or convenient for the Act's implementation. These Regulations aim to adjust the appropriations for non-ABSTUDY payments to organisations, institutions, and individuals providing educational services to Indigenous students, aligning these payments with the Wage Cost Index Number 1 (WCI1) for the period from 1 January 2008 to 30 June 2009. This adjustment reflects the increase in the WCI1 for the calendar year 2008, resulting in an additional $5.7 million to support educational initiatives. The Regulations, which commenced on the day following their registration on the Federal Register of Legislative Instruments, amend the Indigenous Education (Targeted Assistance) Regulations 2001 by updating the factor applied to the appropriation for non-ABSTUDY payments for the specified period, as outlined in Schedule 1.

Key Provisions

The key provisions of the Indigenous Education (Targeted Assistance) Amendment Regulations 2008 (No. 1) concern adjustments to the appropriations for non-ABSTUDY payments, as outlined in subsection 14A(1) of the Indigenous Education (Targeted Assistance) Act 2000. The Regulations are made under the authority of Section 18 of the Act, allowing the Governor-General to prescribe matters necessary or convenient to the Act's implementation. Specifically, the Regulations amend the Indigenous Education (Targeted Assistance) Regulations 2001 to increase the appropriations for non-ABSTUDY payments for the period 1 January 2008 to 30 June 2009, aligning with changes in the Wage Cost Index Number 1 (WCI1). This adjustment is made through a factor of 1.083, which reflects the increase in the WCI1 for the 2008 calendar year, resulting in an additional $5.7 million for the specified period. The Regulations impose obligations on the relevant parties to ensure that the increased appropriations are used to supplement the cost of delivering educational services to Indigenous students. This includes compliance with the amendments set out in Schedule 1, particularly the adjustment of table item 4 in subregulation 5(1) of the Principal Regulations. The aim is to ensure that the additional funds are appropriately allocated to meet the rising costs associated with educational services, thereby supporting the educational needs of Indigenous students during the specified period. Failure to comply with the provisions of these Regulations may result in breaches of the legislative intent, potentially impacting the delivery and quality of educational services to Indigenous students. While the explanatory statement does not detail specific offences or penalties, it is understood that breaches of the Indigenous Education (Targeted Assistance) Act 2000 or its associated regulations could lead to civil or criminal consequences. These could include fines, imprisonment, or other penalties as prescribed by law, depending on the nature and severity of the breach. The exact penalties would be determined in accordance with the relevant legislative provisions and judicial interpretations.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Regulation
Concepts
Definitions & Interpretation
Repeal & Amendment
Reporting & Disclosure Obligations

Interactions

Authorises

All Versions

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.