States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1994 No. 439
EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 439
Issued by the Authority of the Minister for Schools, Vocational Education and Training
States Grants (Primary and Secondary Education Assistance) Act 1992
States Grants (Primary and Secondary Education Assistance) Regulations (Amendment)
Section 119 of the States Grants (Primary and Secondary Education Assistance) Act 1992 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Subsection 106 (1) of the Act provides, in part, that the regulations may specify for a particular program year a number to be used for the variation of amounts of recurrent grants specified in the Schedules in relation to that year. The Minute recommends amendments to the States Grants (Primary and Secondary Education Assistance) Regulations to specify this number for the 1994 program year.
The amounts of recurrent grants given to each State for specific purposes are set out in the Schedules for each program year and are supplemented each year to meet the cost of inflation by multiplying the amounts of the Schedules by the relevant number set out in the Regulations.
Recurrent grants are supplemented in line with the Average Government Schools Recurrent Costs (AGSRC). The AGSRC index used for this purpose is based on movements in Average Government Schools Costs, excluding capital costs associated with the provision of buildings and grounds. The AGSRC is maintained by the Ministerial Council for Employment, Education, Training and Youth Affairs. The latest available AGSRC is for the 1992-93 financial year.
The supplementation applies to both government and non-government sectors.
The Regulations enable the initial legislated recurrent grant levels for 1994, 1995 and 1996 to be supplemented for the movement in the AGSRC between the 1991-92 and 1992-93 financial years. The variation of amounts of recurrent grants specified in the Schedules of the Act is determined according to the factor 1.051, which equates to an increase of 5.1%.
The effect of the Regulations is to provide an additional $131.36 million under recurrent grants to schools for the 1994 calendar year, bringing total funds appropriated under the Act to an estimated $3.026 billion.
The flow-on effect of the Regulation on general recurrent grants is as follows:
• for 1995 - an additional $133.71 million increasing to an estimated $2.77 billion for recurrent grants; and
• for 1996 - an additional $136.41 million increasing to an estimated $2,82 billion for recurrent grants.
Details of the Regulations are below.
Regulation 1: Amendment
Provides that the Regulations amend the States Grants (Primary and Secondary Education Assistance) Regulations.
Regulation 2: Cost supplementation - recurrent grants in 1993 program year)
This Regulation amends Regulation 3. Reference to program years 1994, 1995 and 1996 is removed so that recurrent grants for these years can be supplemented in a new Regulation.
Regulation 3: Cost Supplementation - recurrent grants in 1994, 1995 and 1996
Inserts a new regulation which provides that recurrent grant amounts specified in the relevant Schedules of the Act (see subsections 106(4) and (5)) will be increased by 5.1%, or by a factor of 1.051 in terms of the Act. This variation applies in relation to all recurrent grants for 1994, 1995 and 1996.
Overview
The States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1994 No. 439 were enacted to address the need for adjusting recurrent grants for primary and secondary education in line with inflationary costs. This amendment to the existing regulations was introduced under the authority of the Minister for Schools, Vocational Education and Training, in accordance with the States Grants (Primary and Secondary Education Assistance) Act 1992. The policy objective of these regulations is to supplement the recurrent grants for the 1994, 1995, and 1996 program years to reflect the movement in the Average Government Schools Recurrent Costs (AGSRC) between the 1991-92 and 1992-93 financial years. The supplementation ensures that the funding provided to schools keeps pace with inflation, thereby maintaining the purchasing power of the grants. These regulations introduce an increase of 5.1% to the recurrent grants for the specified years, resulting in additional funding of approximately $131.36 million for 1994, $133.71 million for 1995, and $136.41 million for 1996.
Scope and Application
The States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1994 No. 439, issued under the authority of the Minister for Schools, Vocational Education and Training, pertain to the application and administration of the States Grants (Primary and Secondary Education Assistance) Act 1992. These regulations specifically target the adjustment of recurrent grant amounts for primary and secondary education in Australia, as prescribed in the schedules of the Act for the 1994, 1995, and 1996 program years. The Act applies to all states and territories within Australia, as it is a Commonwealth legislation designed to assist with the financial needs of educational institutions across the country. The amendment enables the supplementation of these grants in alignment with the Average Government Schools Recurrent Costs (AGSRC) index, which accounts for inflation and is maintained by the Ministerial Council for Employment, Education, Training and Youth Affairs. Notably, these amendments do not introduce any exclusions, exemptions, or thresholds, but they do specify a 5.1% increase in recurrent grants for the mentioned years, resulting in additional funding of approximately $131.36 million for 1994, and similar increases for subsequent years, thereby enhancing the total funds appropriated under the Act.
Key Provisions
The primary sections of the States Grants (Primary and Secondary Education Assistance) Regulations (Amendment) 1994 No. 439 (the Amendment) pertain to the adjustment of recurrent grants specified in the Schedules of the States Grants (Primary and Secondary Education Assistance) Act 1992 (the Act). Under section 119 of the Act, the Governor-General can make regulations for the purposes of the Act. Subsection 106(1) of the Act allows the regulations to specify a variation factor for the recurrent grants in a particular program year. This Amendment specifically addresses the variation factor for the 1994 program year, with the variation factor set at 1.051, reflecting a 5.1% increase in recurrent grants (Regulation 3). This adjustment aims to align the recurrent grants with the Average Government Schools Recurrent Costs (AGSRC), which are updated annually to account for inflation (Schedules of the Act).
The Amendment imposes obligations on the relevant parties to adhere to the specified variation factor when determining the recurrent grants for the years 1994, 1995, and 1996. It requires the use of the AGSRC index, excluding capital costs associated with buildings and grounds, as maintained by the Ministerial Council for Employment, Education, Training and Youth Affairs (Regulation 3). This ensures that the recurrent grants accurately reflect the rising costs of education in both government and non-government sectors. The supplementary grants are to be calculated by multiplying the amounts specified in the Schedules by the relevant factor (1.051), thus providing an additional $131.36 million for the 1994 program year (Schedules of the Act).
The Amendment does not explicitly outline offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the Act or the Regulations could potentially lead to legal consequences, including financial penalties or legal action, depending on the specific provisions of the Act and any related legislation. The precise consequences would depend on the nature and severity of the breach, as well as any applicable legal frameworks.