States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2002 (No. 1) 2002 No. 233
EXPLANATORY STATEMENT
Statutory Rules 2002 No. 233
Issued by the authority of the Minister for Education, Science and Training
States Grants (Primary and Secondary Education Assistance) Act 2000
States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2002 (No. 1)
The States Grants (Primary and Secondary Education Assistance) Act 2000 (the Act) provides for the payment of financial assistance to government and non-government schools for the 2001 to 2004 period.
Section 118 of the Act provides that the Governor-General may make regulations for the- purposes of the Act.
Subsection 102(1) of the Act allows the making of regulations to specify an amount to replace the Average Government School Recurrent Costs (AGSRC) specified in Schedule 1 to the Act for a program year. Subsection 102(3) of the Act requires the Minister to consider changes in the Average Government School Costs (AGSC) published from time to time by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA), before the Governor-General makes regulations specifying an amount to replace the AGSRC amount for a program year.
Sections 105 and 106 also allow the making of regulations to permit the adjustment of recurrent grants and capital grants for both government and non-government schools, to reflect supplementation for inflation.
Subsection 105(4) requires the Minister to consider changes in AGSC figures published from time to time by the MCEETYA before the Governor-General makes the regulations providing for adjustments to recurrent grants. Subsection 106(3) also requires the Minister to consider changes in an index of building prices and an index of wage costs published from time to time by the Australian Statistician, before the Governor-General makes regulations providing for adjustments to capital grants for government and non-government schools.
The purpose of the proposed regulations is to supplement funding for primary and secondary education, recurrent grants and capital grants for both government and non-government schools for 2002, 2003 and 2004.
The effect of this Regulation is to provide an additional $260.0 million in 2002 and an additional $841.1 million for the 2001-2004 quadrenniums over the legislated amounts for the General Recurrent Grants, Grants of Transitional Emergency Assistance for Non-government Schools, Grants for Establishment Assistance and Grants for Targeted Assistance. They also provide an additional $7.6 million in 2002 and an additional $23.2 million for the 2001-2004 quadrennium for the Capital Grants program.
The Regulations commenced on the date of gazettal.
A Regulation Impact Statement was not prepared because the Regulations have no impact on business.
Overview
The States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2002 (No. 1) were enacted to supplement the funding provided under the States Grants (Primary and Secondary Education Assistance) Act 2000 for the period 2001 to 2004. The Act was designed to facilitate the payment of financial assistance to both government and non-government schools. The 2002 Amendment Regulations were introduced to address the need for additional funding to cover inflation and increased operational costs within the educational sector. These regulations were made under the authority of the Minister for Education, Science and Training, in compliance with the requirements of the Act, which mandates the consideration of Average Government School Costs and other relevant indices before adjustments are made to grants. The purpose of these regulations is to ensure that schools receive adequate financial support to maintain educational standards and manage operational expenses effectively.
Scope and Application
The States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2002 (No. 1) apply to the implementation of the States Grants (Primary and Secondary Education Assistance) Act 2000. These regulations primarily target government and non-government schools by providing financial assistance for primary and secondary education, including recurrent grants and capital grants. The scope of the legislation extends to the 2001 to 2004 period, affecting educational institutions nationwide. The regulations are made under the authority of the Minister for Education, Science and Training, who is required to consider various indices and cost figures before making the regulations. The financial assistance is intended to supplement the funding for educational programs, with specific amounts allocated for different grants over the specified period. These regulations do not have a direct impact on business entities, as indicated by the absence of a Regulation Impact Statement.
Key Provisions
The main operative sections of the States Grants (Primary and Secondary Education Assistance) Amendment Regulations 2002 (No. 1) include Section 102(1) and (3), and Sections 105 and 106. Section 102(1) provides for the Governor-General to make regulations specifying an amount to replace the Average Government School Recurrent Costs (AGSRC) for a program year, while Section 102(3) requires the Minister to consider changes in the Average Government School Costs (AGSC) published by the Ministerial Council of Education, Employment, Training and Youth Affairs (MCEETYA) before making these regulations. Sections 105 and 106 allow the Minister to make regulations for the adjustment of recurrent grants and capital grants for both government and non-government schools to reflect supplementation for inflation, with consideration of relevant indices by the Australian Statistician for capital grants.
These Regulations impose obligations on the Minister to consider updated AGSC figures from MCEETYA and indices of building prices and wage costs from the Australian Statistician before making the specified regulations. This ensures that the financial assistance provided to schools is reflective of the current economic conditions and educational needs.
Under these Regulations, breaches of the prescribed requirements do not necessarily result in specific offences or penalties outlined within the text of the Regulations. However, the Regulations are made under the authority of the States Grants (Primary and Secondary Education Assistance) Act 2000, and any failure to comply with the Act or its Regulations could potentially lead to legal consequences. The Act itself provides for various enforcement mechanisms, including the potential for legal action to be taken against non-compliance, though specific penalties are not detailed within the explanatory statement for these Regulations.