States Grants (Schools Assistance) Regulations

Overview

The States Grants (Schools Assistance) Regulations were issued in 1987 under the authority of the Minister for Employment, Education and Training, pursuant to the States Grants (Schools Assistance) Act 1984. These regulations aim to clarify the definition of a full fee paying private overseas secondary student for the purposes of calculating student numbers in schools when determining the payment of general recurrent grants. The legislative framework of the Act allows for the Governor-General to make regulations necessary for implementing the Act, as outlined in section 92, and these regulations specifically define a full fee paying private overseas secondary student in accordance with section 3(1). By excluding such students from the calculations in sections 11A, 28C, and 29C of the Act, the regulations ensure that these students do not impact the funding allocations based on student numbers in government and non-government schools. The Minister intends to incorporate this definition directly into the Act at the earliest opportunity, acknowledging the suggestion from the Senate Standing Committee for the Scrutiny of Bills that the definition should be included in the primary legislation rather than in regulations.

Scope and Application

The States Grants (Schools Assistance) Regulations 1987, issued under the authority of the Minister for Employment, Education and Training, provide the framework for determining the eligibility of full fee paying private overseas secondary students under the States Grants (Schools Assistance) Act 1984. These regulations apply to students receiving secondary education in a school, holding a valid temporary entry permit as defined under the Migration Act 1958, and who either themselves or through their guardian, provide funds for their education that meet or exceed the full cost of secondary education at the school. The Act excludes these students from the calculation of student numbers for the purposes of the payment of general recurrent grants to government, non-government systemic, and non-government non-systemic schools. The use of regulations to define these students is an interim measure, with the intention to incorporate the definition directly into the Act at the earliest opportunity, reflecting a recommendation from the Senate Standing Committee for the Scrutiny of Bills. The regulatory approach allows for flexibility and timely updates as necessary, while the geographic reach of these provisions is national, impacting schools across Australia.

Key Provisions

The main operative sections of the regulation pertain to the definition and recognition of a full fee paying private overseas secondary student, as outlined in Section 3(1) of the States Grants (Schools Assistance) Act 1984. This section mandates that the Governor-General may make regulations that detail the criteria for such students, which includes being a student receiving secondary education at a school, holding a temporary entry permit under the Migration Act 1958, and ensuring that either the student or their guardian provides funds equal to or greater than the full cost of secondary education at that school. This definition is pivotal because it determines the student's eligibility to be excluded from the student numbers count for the purposes of general recurrent grants, as stipulated in sections 11A, 28C, and 29C of the Act. The regulation imposes specific obligations on the parties governed by the Act. Schools must accurately identify full fee paying private overseas secondary students and ensure they meet the criteria as defined in the regulation. Additionally, the students or their guardians must provide the necessary funds to cover the full cost of secondary education. The Act also imposes on the Minister for Employment, Education and Training the responsibility of ensuring that these regulations are made and amended as necessary to reflect any changes in policy or legislative intent. This ensures that the educational funding system remains equitable and transparent. Breaches of the provisions outlined in the regulation may lead to various civil and administrative consequences. If schools fail to correctly identify and report full fee paying private overseas secondary students, they may face scrutiny and potential adjustments in their grant payments. This could affect their financial planning and resource allocation. Additionally, students or guardians who do not meet the financial criteria may not qualify for the exclusion from student numbers counts, which could have implications on the funding received by the schools they attend. While the regulation itself does not detail specific penalties, non-compliance with the Act’s funding provisions could lead to further scrutiny or corrective measures by the relevant authorities.