EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education
Subject: - Schools Assistance Act 2008
Determination of Eligible Humanitarian New Arrivals
Authority
The Schools Assistance Act 2008 (the Act) provides, among other things, for the Commonwealth to give financial assistance to States for non-government schools in order to assist with the provision of intensive English tuition for newly arrived primary and secondary school students whose language backgrounds are other than English.
Section 92(2) of the Act provides that the Minister may, by legislative instrument, determine the definition of ‘eligible humanitarian new arrival’ (under paragraph 92(1)(b) of the Act) based on specific visa subclasses.
Purpose and operation
The purpose of this instrument is to determine the definition of an ‘eligible humanitarian new arrival’ for the purposes of receiving financial assistance under the Act.
Background
Support for a particular group of newly arrived students who require English tuition is provided through the Act. Financial assistance under the English as a Second Language (ESL) – New Arrivals program must be provided to those who are newly arrived in Australia and require intensive English tuition. This is intended so that those in most need of assistance in order to get started in Australian education and society will receive specific targeted funding from the Australian Government.
The final criteria for funding require the visa subclass of a particular student to be eligible under a determination made under the Act. Non-government education authorities are provided with lists of eligible visa subclasses. Program funding allows the school to provide teaching support such as classroom aides, ESL trained teachers, or professional development for ESL support.
The Minister may make these determinations in order to expand visa eligibility for the program. If the Minister does not specify a particular visa, targeted assistance under this program would not be available for that student.
Explanation of Provisions
The Schedule attached to the Determination specifies each class of visa holder who is an ‘eligible humanitarian new arrival’.
Commencement
This determination is taken to have commenced on 1 January 2009. Retrospective commencement is required to ensure that, during the period prior to the making of this Determination, no person was disadvantaged as a result of the definition of “eligible humanitarian new arrival” not having been determined since the enactment of the Act.
The retrospective commencement of this Determination does not infringe subsection 12(2) of the Legislative Instruments Act 2003 because the matters determined are beneficial in nature and do not affect the rights of a person (other than the Commonwealth) as at the date of commencement. Nor does the retrospective commencement of this Determination impose any liabilities on any person (other than the Commonwealth) in respect of anything done or omitted to be done before the date of commencement.
Consultation
Consultations were not undertaken with stakeholders for this instrument as the determination confers a benefit to schools and students. The applicable visa information with respect to the Migration Act 1958 was provided by the Department of Immigration and Citizenship.
Overview
The Schools Assistance Act 2008 was enacted to address the need for financial assistance to States for non-government schools in providing intensive English tuition for newly arrived primary and secondary students whose first language is not English. This Act aims to ensure that these students receive the necessary support to integrate into the Australian education system and society. The Act allows the Minister for Education to determine the definition of 'eligible humanitarian new arrival' through a legislative instrument, specifying the visa subclasses eligible for such assistance. This instrument, F2010L02065, was issued by the authority of the Minister for Education and aims to define 'eligible humanitarian new arrival' for receiving financial assistance under the Act. The instrument clarifies the criteria for funding under the English as a Second Language (ESL) – New Arrivals program, ensuring that schools receive the support they need to provide tailored teaching for these students. The determination took effect retrospectively from 1 January 2009 to ensure no student was disadvantaged due to the delay in defining eligibility.
Scope and Application
The Schools Assistance Act 2008 applies to providing financial assistance to States for non-government schools to support intensive English tuition for newly arrived primary and secondary school students whose first language is not English. This Act specifically targets humanitarian new arrivals, defined by the Minister through legislative instruments based on specific visa subclasses. The financial assistance aims to ensure these students receive the necessary support to integrate into Australian education and society. The Act applies to students who are newly arrived in Australia and require intensive English tuition, with eligibility determined by their visa subclass as specified in the legislative instrument. The geographic reach of this Act is national, as it involves Commonwealth funding distributed to states and territories for non-government schools. The Act excludes students not classified as eligible humanitarian new arrivals under the specified visa subclasses. The retrospective commencement of this determination ensures no students are disadvantaged due to the lack of a defined eligibility criteria prior to its enactment.
Key Provisions
The Schools Assistance Act 2008, under Section 92(2), allows the Minister to determine the definition of 'eligible humanitarian new arrival' by legislative instrument, based on specific visa subclasses. This determination is crucial for identifying students who are newly arrived in Australia and require intensive English tuition, ensuring they receive the necessary financial assistance to integrate into the Australian education system (Section 92(1)(b)). The determination specifies the classes of visa holders who qualify as 'eligible humanitarian new arrivals', which is detailed in the Schedule attached to the Determination. This legislative instrument ensures that financial aid under the English as a Second Language (ESL) – New Arrivals program is only provided to those who meet the specified criteria.
The Act imposes obligations on non-government education authorities to provide targeted funding to eligible students. This funding enables schools to offer additional support such as classroom aides, ESL trained teachers, and professional development for ESL support. The authorities must ensure that they only provide financial assistance to students whose visa subclasses are included in the determination. Failure to adhere to these criteria could result in the non-allocation of funds for students who do not meet the specified eligibility criteria.
Breaches of the provisions set forth in the Act may lead to civil and criminal consequences. While specific penalties are not detailed in the explanatory statement, non-compliance with the Act's requirements could potentially result in legal actions. The Act aims to ensure that the financial assistance provided under the ESL – New Arrivals program is effectively targeted towards those who need it the most, and any misuse of funds could lead to serious repercussions for the entities involved. The retrospective commencement of this determination ensures that no individual is disadvantaged by the lack of defined eligibility prior to the Act's enactment, and it does not impose any liabilities on persons other than the Commonwealth.