EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education
Subject: - Schools Assistance Act 2008
Determination of Criteria to Define ‘Eligible 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(3) of the Act provides that the Minister may determine criteria for being a person newly arrived in Australia for the purposes of paragraph (b) of the definition of ‘eligible new arrival’ under subsection 92(1) of the Act.
Purpose and operation
This instrument determines the definition of an ‘eligible 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 – 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 Minister for Education has previously defined specific visa sub-classes as eligible for funding under the Act. See Determinations 2010-268 and 2010-269 dated 14 July 2010. Non-government education authorities have been provided with lists of these eligible sub-classes.
The Minister may make these determinations in order to specify additional criteria for the program.
Explanation of Provisions
These criteria provide clear advice to non-governmental education authorities as to the scope of funding eligibility in line with the purpose of supporting newly arrived students in their schooling.
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 New Arrival” under paragraph 92(1)(b) of the Act 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 so as to disadvantage any person. 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.
Overview
The Schools Assistance Act 2008 was enacted to provide financial assistance to States for non-government schools, particularly focusing on offering intensive English tuition to newly arrived primary and secondary school students from non-English speaking backgrounds. This legislative framework was designed to address the educational needs of these students, ensuring they receive the necessary support to integrate into the Australian education system. Section 92(3) of the Act empowers the Minister for Education to set the criteria for determining who qualifies as a newly arrived individual for the purposes of the Act, specifically under the definition of 'eligible new arrival' in subsection 92(1).
This explanatory statement, issued by the Minister for Education, outlines the criteria for defining 'eligible new arrivals' who are entitled to financial assistance under the Act. The primary objective of this instrument is to clarify the scope of eligibility for funding, thereby ensuring that newly arrived students who require intensive English tuition can access the support they need. This determination also retroactively applies from 1 January 2009 to ensure no student was disadvantaged due to the lack of a defined criteria before this instrument was enacted.
Scope and Application
The Schools Assistance Act 2008 applies to the provision of financial assistance from the Commonwealth to States for non-government schools, specifically targeting newly arrived primary and secondary school students who require intensive English tuition due to their non-English language backgrounds. The Act’s scope extends to students who have recently arrived in Australia and meet the specified criteria for being an ‘eligible new arrival’, thereby qualifying for the financial support intended to aid their integration into Australian education and society. The determination of these criteria, as outlined in the explanatory statement, ensures clarity for non-governmental education authorities regarding eligibility, thus facilitating the effective distribution of funds under the English as a Second Language – New Arrivals program. This legislation operates on a national level, with the Minister for Education empowered to define the criteria through subordinate instruments, which have been applied retrospectively to avoid any disadvantage to students who arrived prior to the criteria being formally established.
Key Provisions
The Schools Assistance Act 2008 (the “Act”) provides provisions that facilitate the Commonwealth’s financial assistance to States for non-government schools. This assistance is specifically for the provision of intensive English tuition for newly arrived primary and secondary students from non-English speaking backgrounds. Section 92(3) of the Act allows the Minister for Education to determine criteria for identifying ‘eligible new arrivals’ for the purposes of receiving this assistance under subsection 92(1) of the Act. This instrument, which came into effect on 1 January 2009, sets out the criteria for determining ‘eligible new arrivals’ who are eligible for this financial assistance.
The obligations imposed by this instrument on the parties governed by the Act are primarily to ensure that the financial assistance is provided to those who are genuinely newly arrived in Australia and require intensive English tuition. The criteria provided aim to ensure that the assistance is targeted towards students who need it the most to integrate into Australian education and society. The non-government education authorities are required to follow these criteria when determining eligibility for the funding. The instrument also ensures that the determinations are retrospective, meaning they apply from 1 January 2009 to avoid any disadvantage to students who may have been eligible for assistance prior to the issuance of this instrument.
Failure to comply with the criteria set out in this instrument may result in students who do not meet the specified criteria being ineligible for the financial assistance, which could impact their ability to receive the necessary support to integrate into the Australian education system. There are no specific offences, penalties, or civil/criminal consequences outlined in this instrument for breaches of the criteria. However, the improper allocation of funds or mismanagement of the program could potentially lead to administrative consequences for the non-government education authorities involved. The instrument ensures that the determinations are beneficial in nature and do not affect the rights of any person as at the date of commencement, thereby avoiding any disadvantage to students who may have been eligible for assistance prior to the issuance of this instrument.