States Grants (Primary and Secondary Education Assistance) Regulations 2001

Administered by Department of Education, Employment and Workplace Relations

Legislation au F2001B00062 Regulations Not in force Legislative Instrument

Legislation content

States Grants (Primary and Secondary Education Assistance) Regulations 2001

Statutory Rules 2001 No. 11 as amended

made under the

States Grants (Primary and Secondary Education Assistance) Act 2000

This compilation was prepared on 7 September 2004
taking into account amendments up to SR 2004 No. 295

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Part 1 Preliminary

 1 Name of Regulations [see Note 1] 

 2 Commencement [see Note 1] 

 3 Definition 

Part 2 National benchmarks and performance measures, targets and information

 4 National benchmarks 

 5 Performance measures 

 6 Performance targets 

 7 Performance information 

Part 3 AGSRC, recurrent and capital amounts

 8 Primary and secondary AGSRC amounts (Act s 102) 

 9 Recurrent number (Act s 105) 

 10 Capital number (Act s 106) 

Notes  

 

 

Part 1 Preliminary

 

1 Name of Regulations [see Note 1]

  These Regulations are the States Grants (Primary and Secondary Education Assistance) Regulations 2001.

2 Commencement [see Note 1]

  These Regulations commence on the first day on which they are no longer liable to be disallowed, or to have been taken to have been disallowed, under section 48 of the Acts Interpretation Act 1901.

3 Definition

  In these Regulations:

Act means the States Grants (Primary and Secondary Education Assistance) Act 2000.

AQF means the Australian Qualifications Framework endorsed by MCEETYA and implemented on 1 January 1995.

MCEETYA means the Ministerial Council on Education, Employment, Training and Youth Affairs.

Part 2 National benchmarks and performance measures, targets and information

 

4 National benchmarks

  For these Regulations:

 (a) the national benchmarks for reading, writing and spelling for Years 3 and 5 are those benchmarks approved by MCEETYA at its meeting in April 1998; and

 (b) the national benchmarks for reading, writing and spelling for Year 7 are those benchmarks approved by MCEETYA at its meeting in March 2000; and

 (c) the national benchmarks for numeracy for Years 3, 5 and 7 are those benchmarks approved by MCEETYA at its meeting in March 2000.

Note   The benchmarks are published as follows:

 Literacy Benchmarks: Years 3, 5 and 7, Curriculum Corporation, Melbourne, 2000

 Numeracy Benchmarks: Years 3, 5 and 7, Curriculum Corporation, Melbourne, 2000.

The literacy benchmarks are also available on the Internet at www.curriculum.edu.au. The numeracy benchmarks will become available on that site during 2001.

5 Performance measures

  For paragraphs 12 (1) (b), 15 (e), 19 (b) and 23 (e) of the Act, the performance measures are:

 (a) the following measures of literacy:

 (i) the percentage of students in Year 3 achieving the national benchmark for reading for Year 3;

 (ii) the percentage of students in Year 3 achieving the national benchmark for writing for Year 3;

 (iii) the percentage of students in Year 3 achieving the national benchmark for spelling for Year 3;

 (iv) the percentage of students in Year 5 achieving the national benchmark for reading for Year 5;

 (v) the percentage of students in Year 5 achieving the national benchmark for writing for Year 5;

 (vi) the percentage of students in Year 5 achieving the national benchmark for spelling for Year 5;

 (vii) the percentage of students in Year 7 achieving the national benchmark for reading for Year 7;

 (viii) the percentage of students in Year 7 achieving the national benchmark for writing for Year 7;

 (ix) the percentage of students in Year 7 achieving the national benchmark for spelling for Year 7; and

 (b) the following measures of numeracy:

 (i) the percentage of students in Year 3 achieving the national benchmark for numeracy for Year 3;

 (ii) the percentage of students in Year 5 achieving the national benchmark for numeracy for Year 5;

 (iii) the percentage of students in Year 7 achieving the national benchmark for numeracy for Year 7.

6 Performance targets

 (1) For paragraphs 12 (1) (b), 15 (e), 19 (b) and 23 (e) of the Act, the performance targets are that, in each program year:

 (a) all students in Year 3 will achieve the national benchmarks for reading, writing and spelling for Year 3; and

 (b) all students in Year 3 will achieve the national benchmark for numeracy for Year 3.

 (2) However, it is recognised that the performance targets may not be met in respect of the very small percentage of students who have severe educational disabilities.

7 Performance information

  For paragraphs 15 (b) and 23 (b) of the Act, the following performance information is required for the latest completed program year:

 (a) the performance measures set out in regulation 5;

 (b) the proportion of 15 to 19 year olds, by single year of age, who are in:

 (i) full-time education or training; or

 (ii) full-time work; or

 (iii) both part-time education or training and part-time work;

 (c) the proportion of 20 to 24 year olds, by single year of age, who are in:

 (i) full-time education or training; or

 (ii) full-time work; or

 (iii) both part-time education or training and part-time work;

 (d) the percentage of 19 year olds who have:

 (i) successfully completed Year 12; or

 (ii) gained a qualification at AQF level 2 or above;

 (e) the percentage of 24 year olds who have gained a postsecondary qualification at AQF level 3 or above.

Part 3 AGSRC, recurrent and capital amounts

 

8 Primary and secondary AGSRC amounts (Act s 102)

  The AGSRC amounts specified in Schedule 1 of the Act are replaced as follows:

 

Item

Type of education

2001 program year ($)

2002 program year ($)

2003 program year ($)

2004 program year ($)

1

Primary

5 378

5 657

6 056

6 580

2

Secondary

7 101

7 469

8 021

8 595

9 Recurrent number (Act s 105)

  For paragraph (b) of the definition of recurrent number for the program year in subsection 105 (1) of the Act, the recurrent numbers for the following program years are:

 (a) for 2001 — 1.049;

 (b) for 2002 — 1.104;

 (c) for 2003 — 1.165;

 (d) for 2004 — 1.274.

10 Capital number (Act s 106)

  For paragraph (b) of the definition of capital number for the program year in subsection 106 (1) of the Act, the capital numbers for the following program years are:

 (a) for 2001 — 1.022;

 (b) for 2002 — 1.046;

 (c) for 2003 — 1.084;

 (d) for 2004 — 1.120.

Notes to the States Grants (Primary and Secondary Education Assistance) Regulations 2001

Note 1

The States Grants (Primary and Secondary Education Assistance) Regulations 2001 (in force under the States Grants (Primary and Secondary Education Assistance) Act 2000) as shown in this compilation comprise Statutory Rules 2001 No. 11 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

2001 No. 11

13 Feb 2001

5 Apr 2001 (see r. 2)

 

2001 No. 254

28 Sept 2001

28 Sept 2001

2002 No. 233

4 Oct 2002

4 Oct 2002

2003 No. 277

7 Nov 2003

7 Nov 2003

2004 No. 295

7 Sept 2004

7 Sept 2004

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

Heading to Part 1.......

ad. 2001 No. 254

Part 2

 

Heading to Part 2.......

ad. 2001 No. 254

Part 3

 

Part 3................

ad. 2001 No. 254

R. 8.................

ad. 2001 No. 254

 

rs. 2002 No. 233; 2003 No. 277

 

am. 2004 No. 295

R. 9.................

ad. 2001 No. 254

 

rs. 2002 No. 233; 2003 No. 277

 

am. 2004 No. 295

R. 10................

ad. 2001 No. 254

 

rs. 2002 No. 233; 2003 No. 277

 

am. 2004 No. 295

 

 

Overview

The States Grants (Primary and Secondary Education Assistance) Regulations 2001, made under the States Grants (Primary and Secondary Education Assistance) Act 2000, were introduced to provide a framework for the allocation of Commonwealth grants to the states for primary and secondary education. The objective of these regulations is to establish benchmarks and performance measures to ensure that students achieve certain educational standards and to monitor the progress towards these goals. The policy objective is to support and enhance the quality of primary and secondary education in Australia by providing financial assistance and setting measurable targets. The regulations define national benchmarks for literacy and numeracy for specific year levels, outline performance measures to assess student achievement against these benchmarks, and establish performance targets that aim for all students to meet the benchmarks by the end of Year 3. Additionally, the regulations require the collection and reporting of performance information to track educational outcomes and trends over time.

Scope and Application

The States Grants (Primary and Secondary Education Assistance) Regulations 2001, made under the States Grants (Primary and Secondary Education Assistance) Act 2000, provide detailed provisions for the distribution of federal grants to support primary and secondary education in Australia. These regulations apply to the Commonwealth, and they govern the allocation of funds and set the benchmarks, performance measures, and targets for educational outcomes across the nation. They are designed to ensure that educational standards and performance in literacy and numeracy are met and reported for students in Years 3, 5, and 7. The regulations establish specific benchmarks for reading, writing, spelling, and numeracy, and they outline the performance measures and targets that schools must meet, recognising that exceptional cases such as students with severe educational disabilities may affect overall achievement rates. Additionally, the regulations specify the amounts of Australian Government Secondary Education Recurrent Contribution (AGSRC) and the recurrent and capital numbers used for calculating these grants for the years 2001 to 2004. They are subject to amendments through subordinate instruments, which have been made periodically to update the figures and ensure alignment with current educational standards and funding requirements.

Key Provisions

The States Grants (Primary and Secondary Education Assistance) Regulations 2001 establish a framework for the provision of education assistance in Australia. Under regulation 4, the national benchmarks for reading, writing, spelling, and numeracy for Years 3, 5, and 7 are set based on the benchmarks approved by MCEETYA. Regulation 5 outlines the performance measures, which include the percentage of students achieving the national benchmarks for literacy and numeracy in each respective year level. Regulation 6 specifies the performance targets, with the expectation that all students in Year 3 will achieve the benchmarks for reading, writing, spelling, and numeracy, though allowances are made for students with severe educational disabilities. Regulation 7 mandates the collection of performance information, including data on educational and employment status for young people aged 15 to 24 and the percentage of students completing Year 12 and achieving post-secondary qualifications. The Regulations impose specific obligations on the parties they govern. For instance, educational institutions must ensure that their students’ performance in literacy and numeracy meets the national benchmarks, as specified in regulations 4 to 6. They are also required to report on the performance measures and information outlined in regulation 7. Additionally, the Australian Government must calculate and provide financial assistance according to the figures set out in regulations 8 to 10, which detail the Australian Government School Recurrent Contribution (AGSRC) amounts, recurrent numbers, and capital numbers for primary and secondary education over the program years. Breaches of these Regulations may result in various consequences, though the specific offences and penalties are not explicitly detailed within these Regulations. Generally, failure to comply with the benchmarks, performance measures, or reporting requirements could lead to scrutiny from educational authorities and potentially result in the withholding of financial assistance. Furthermore, any deliberate misrepresentation of data or non-compliance with the stipulated obligations could attract further penalties under related legislation, such as the States Grants (Primary and Secondary Education Assistance) Act 2000. The specific penalties for breaches are not outlined in these Regulations but may be found within the principal Act or other relevant legislation.

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