Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006

Administered by Department of Education

Legislation au C2006A00029 In force Act

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Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006

 

No. 29, 2006

 

 

 

 

 

An Act relating to the grant of financial assistance to the States for primary and secondary education, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendments

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

States Grants (Primary and Secondary Education Assistance) Act 2000

 

 

 

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006

No. 29, 2006

 

 

 

An Act relating to the grant of financial assistance to the States for primary and secondary education, and for related purposes

[Assented to 6 April 2006]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day on which this Act receives the Royal Assent.

6 April 2006

2.  Schedule 1, items 1 and 2

The day on which this Act receives the Royal Assent.

6 April 2006

3.  Schedule 1, item 3

Immediately after the commencement of section 36 of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004.

1 January 2005

4.  Schedule 1, items 4 to 20

The day on which this Act receives the Royal Assent.

6 April 2006

5.  Schedule 1, items 21 and 22

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.

6 October 2006

6.  Schedule 1, items 23 to 25

The day on which this Act receives the Royal Assent.

6 April 2006

7.  Schedule 1, item 26 to 28

At the same time as the provision(s) covered by table item 5.

6 October 2006

8.  Schedule 1, items 29 and 30

The day on which this Act receives the Royal Assent.

6 April 2006

9.  Schedule 1, item 31

At the same time as the provision(s) covered by table item 5.

6 October 2006

10.  Schedule 1, items 32 and 33

The day on which this Act receives the Royal Assent.

6 April 2006

11.  Schedule 1, item 34

At the same time as the provision(s) covered by table item 5.

6 October 2006

12.  Schedule 1, item 35

The day on which this Act receives the Royal Assent.

6 April 2006

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendments

 

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

1  Section 4

Insert:

special assistance school means a non‑government school in a State that:

 (a) has been, or is likely to be, recognised by the State Minister as a special assistance school; and

 (b) primarily caters for students with social, emotional or behavioural difficulties.

2  Paragraph 6(d)

After “special schools”, insert “and special assistance schools”.

3  Subsection 36(4)

Omit “section 20 agreement”, substitute “section 30 agreement”.

Note: This item fixes an incorrect cross‑reference in a defined term.

4  After paragraph 47(3)(h)

Insert:

 (ha) whether or not the school is a special assistance school;

5  Paragraph 47(3)(j)

Omit “not a special school”, substitute “neither a special school nor a special assistance school”.

6  After paragraph 49(2)(e)

Insert:

 (ea) to change special assistance school status;

7  Subsection 50(1) (note 2)

Omit “(4) , (5)”, substitute “(4), (4A), (5), (5A)”.

8  After subsection 50(4)

Insert:

 (4A) If a school, in a State, that is included in the list as a special assistance school ceases to be recognised by the State as a special assistance school, the Minister may vary the list to:

 (a) remove the reference to the school as a special assistance school; and

 (b) include the school’s SES score; and

 (c) change the school’s funding level.

9  After subsection 50(5)

Insert:

 (5A) If a school, in a State, that, at a particular time, is:

 (a) included in the list; and

 (b) not included as a special assistance school;

at a later time is recognised by the State as a special assistance school, the Minister may vary the list to:

 (c) include a reference to the school as a special assistance school; and

 (d) remove the school’s SES score; and

 (e) change the school’s funding level.

10  Paragraph 64(1)(a)

Omit “not a special school”, substitute “neither a special school nor a special assistance school”.

11  Paragraph 69(1)(a)

After “amount”, insert “(if any)”.

12  Paragraph 69(1)(b)

After “amount”, insert “(if any)”.

13  Subsection 71(7)

After “Special schools”, insert “and special assistance schools”.

14  Paragraph 74(1)(b)

Omit “not a special school”, substitute “neither a special school nor a special assistance school”.

15  Paragraph 75(b)

Omit “not a special school”, substitute “neither a special school nor a special assistance school”.

16  Paragraph 76(1)(d)

Omit “not a special school”, substitute “neither a special school nor a special assistance school”.

17  Subsection 77(1)

After “special school”, insert “or a special assistance school”.

Note: The heading to section 77 is altered by adding at the end “and special assistance schools”.

18  Subdivision G of Division 2 of Part 6 (heading)

Repeal the heading, substitute:

Subdivision G—Special schools and special assistance schools

19  Paragraph 99(2)(a)

After “amount”, insert “(if any)”.

20  Paragraph 99(2)(b)

After “amount”, insert “(if any)”.

21  After Division 1 of Part 11

Insert:

Division 1A—Grant amounts for particular program years

123A  Changes to grant amounts for particular program years

 (1) The regulations may specify an amount for a relevant column for a particular program year.

 (2) If regulations are made under subsection (1) specifying an amount for a relevant column for a program year, this Act has effect as if the amount specified in the relevant column for the program year were the amount specified in the regulations for that relevant column for that program year.

 (3) To avoid doubt, an amount specified in regulations made under subsection (1) may be affected by the operation of section 124 or 126.

 (4) The amount the regulations may specify under subsection (1) may be nil.

 (5) For the purposes of this section, each of the following columns is a relevant column:

 (a) column 2 or 3 of the table in Schedule 3;

 (b) column 2 or 3 of the table in Schedule 5;

 (c) column 2 of the table in Schedule 7;

 (d) column 2 or 3 of the table in Part 1 of Schedule 8;

 (e) column 2, 3, 4, 5 or 6 of the table in Part 1 of Schedule 9.

22  Section 125

Repeal the section.

23  Schedule 3 (cell at table item 1, column 3)

Repeal the cell, substitute:

 35,100

24  Schedule 3 (cell at table item 2, column 3)

Repeal the cell, substitute:

 478,233

25  Schedule 3 (cell at table item 4, column 3)

Repeal the cell, substitute:

 0

26  Schedule 3 (note 1 to the table)

Repeal the note, substitute:

Note 1: The operation of sections 123A and 126 may affect the amount of the grants.

27  Schedule 5 (note 1 to the table)

Repeal the note, substitute:

Note 1: The operation of sections 123A and 126 may affect the amount of the grants.

28  Schedule 7 (note to the table)

Omit “section 124”, substitute “sections 123A and 124”.

29  Part 1 of Schedule 8 (cell at table item 1, column 3)

Repeal the cell, substitute:

 23,794

30  Part 1 of Schedule 8 (cell at table item 2, column 3)

Repeal the cell, substitute:

 26,174

31  Part 1 of Schedule 8 (note to the table)

Omit “section 124”, substitute “sections 123A and 124”.

32  Part 1 of Schedule 9 (cell at table item 1, column 6)

Repeal the cell, substitute:

 8,691

33  Part 1 of Schedule 9 (cell at table item 2, column 6)

Repeal the cell, substitute:

 19,099

34  Part 1 of Schedule 9 (note to the table)

Omit “section 124”, substitute “sections 123A and 124”.

States Grants (Primary and Secondary Education Assistance) Act 2000

35  Part 1 of Schedule 8 (cell at table item dealing with 2004 program year, column 4)

Repeal the cell, substitute:

 11,447

 

 [Minister’s second reading speech made in—

House of Representatives on 16 February 2006

Senate on 2 March 2006]

(9/06)

 

Overview

The Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006, enacted by the Parliament of Australia and assented to on 6 April 2006, amends the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 and the States Grants (Primary and Secondary Education Assistance) Act 2000. This legislation aims to address gaps and refine provisions related to the grant of financial assistance to states for primary and secondary education, ensuring more precise criteria and administrative clarity in the provision of education funding. By amending definitions, references, and specific funding provisions, the Act seeks to enhance the effectiveness and accuracy of the financial assistance process, ultimately aiming to improve educational outcomes through targeted support and choice for students and their families. The policy objective underpinning this amendment is to ensure that financial assistance for primary and secondary education is granted more accurately and effectively, taking into account the specific needs of students, including those with social, emotional, or behavioural difficulties. By refining the criteria for special assistance schools and updating references and grant amounts, the Act aims to provide clearer guidelines and more targeted support, facilitating better educational choices and opportunities for students across the nation.

Scope and Application

The Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006 pertains to the grant of financial assistance to the states for primary and secondary education. It amends the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 and the States Grants (Primary and Secondary Education Assistance) Act 2000. The Act applies to the Commonwealth of Australia and involves transactions and conduct related to the provision of financial assistance to states for educational purposes. The Act's scope includes amendments to definitions, specific references to special assistance schools, and changes to funding levels and grant amounts for particular program years. The Act commenced on 6 April 2006, with certain provisions coming into effect on a later date specified by proclamation, not later than six months from the Royal Assent. The Act allows for the specification of grant amounts for particular program years through subordinate instruments, thus extending its application beyond the primary text.

Key Provisions

The Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Amendment Act 2006 (C2006A00029) amends the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 and the States Grants (Primary and Secondary Education Assistance) Act 2000. The Act primarily focuses on the provision of financial assistance to states for primary and secondary education, with specific amendments to the definition and recognition of special assistance schools. The Act received Royal Assent on 6 April 2006, and most provisions commenced on the same day. Certain provisions, however, have different commencement dates, with some provisions set to commence on 1 January 2005, and others on a date to be fixed by Proclamation, not later than 6 October 2006. The Act imposes several obligations on the relevant parties, including the recognition of special assistance schools by state ministers. It mandates that special assistance schools are to be non-government schools in a state that cater primarily for students with social, emotional, or behavioural difficulties and have been, or are likely to be, recognised by the state minister as such. Furthermore, the Act requires the Minister to maintain a list of these schools and to vary this list when a school's status changes, including removing a school from the list if it ceases to be recognised as a special assistance school or adding a school if it is newly recognised. The Act also details the process for adjusting funding levels and SES scores in such cases. Failure to comply with the provisions of this Act may result in various consequences. Although the Act does not explicitly list offences or penalties, non-compliance with the financial assistance provisions and the maintenance of the list of special assistance schools could potentially lead to legal action or the withholding of funding. Additionally, the amendments to grant amounts and their specifications in regulations (sections 123A and 126) could be affected by non-compliance, leading to disputes over the accuracy and legality of the financial assistance provided. The Act further specifies the conditions under which certain financial figures can be altered, such as the amounts specified in various schedules. For instance, the Act allows regulations to specify an amount for a particular column for a specific program year, effectively replacing the original amounts if regulations are made. This flexibility in grant amounts ensures that financial assistance can be adjusted based on changing needs or circumstances, although it requires careful regulation to prevent misuse or misallocation of funds.

Legal classification tags

Area of Law
Education Law
Instrument
Amending Act
Concepts
Commencement Provisions
Repeal & Amendment
Transitional Provisions
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards

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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.