EXPLANATORY STATEMENT
Issued by the authority of the Minister for Education
Subject: - Schools Assistance Act 2008
Determination of 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
Tis 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 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 satisfies the criteria for being a person newly arrived in Australia for the purposes of the definition of ‘eligible 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 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. 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 aims to address the educational needs of newly arrived primary and secondary school students in Australia who do not speak English as their first language. Enacted by the Parliament of Australia, the Act facilitates the provision of financial assistance to non-government schools for the purpose of delivering intensive English language tuition to these students. The policy objective of the Act is to ensure that these students receive the necessary support to integrate into Australian education and society, thereby enhancing their educational outcomes and overall well-being. The explanatory statement clarifies that the criteria for determining eligibility for this assistance, specifically who qualifies as an 'eligible new arrival', are set out in a determination made by the Minister for Education. This determination, which came into effect on 1 January 2009, was designed to retrospectively ensure that no students were disadvantaged due to the delay in specifying these criteria since the Act's enactment.
Scope and Application
The Schools Assistance Act 2008 provides financial assistance to States for non-government schools to aid in the provision of intensive English tuition for newly arrived primary and secondary school students with a language background other than English. The Act's purpose is to ensure that students who need the most support in integrating into Australian education and society receive specific targeted funding. Under the Act, a person is considered an "eligible new arrival" if they meet certain criteria, which the Minister for Education determines. This determination is crucial for students to qualify for the English as a Second Language – New Arrivals program, which includes support such as classroom aides, ESL trained teachers, and professional development for ESL support. The criteria for eligibility are specified in a Schedule attached to the Determination, detailing each class of visa holder who qualifies as a newly arrived student. This Determination has a retrospective commencement date of 1 January 2009, ensuring that no student was disadvantaged before the criteria were established. The Act applies nationally, but the specific implementation and administration of the funding are managed at the state level by non-government education authorities.
Key Provisions
The Schools Assistance Act 2008 (the Act) offers financial support to states for non-government schools to provide intensive English tuition to newly arrived primary and secondary students who are not native English speakers. Section 92(3) of the Act enables the Minister to determine criteria for a person to be considered newly arrived in Australia for the purposes of the definition of 'eligible new arrival' under subsection 92(1) of the Act. This definition is critical as it identifies which students are eligible for financial assistance under the Act.
The primary sections of the Act that govern this financial assistance are Sections 92(1)(b) and 92(3). Section 92(1)(b) specifies the definition of 'eligible new arrival', while Section 92(3) empowers the Minister to set criteria for being a newly arrived person. The attached Schedule to the Determination details the classes of visa holders who meet the criteria for being an 'eligible new arrival'. This assistance is intended for those students most in need of intensive English tuition to integrate into Australian education and society.
The Act imposes several obligations on parties involved. Firstly, the Minister must determine the criteria for being a newly arrived person, which is detailed in the Schedule. Non-government education authorities are required to use the lists of eligible visa subclasses provided by the Minister to identify students who qualify for the financial assistance. Additionally, schools must ensure they are using the funds provided appropriately, such as hiring ESL-trained teachers or classroom aides, or investing in professional development for ESL support. The failure to adhere to these obligations could result in the school not receiving the intended financial support.
For any breaches of the Act, there are specific civil and criminal consequences. Although the Act does not explicitly state penalties for non-compliance, any failure to adhere to the criteria set by the Minister or misuse of funds could lead to civil penalties. In more severe cases, where there is evidence of deliberate misuse or fraud, criminal charges may be pursued. The penalties for such breaches can vary, but they may include fines or other sanctions as determined by relevant authorities. It is essential for all parties to comply with the Act to ensure that the intended support reaches those who need it most.