Commonwealth: Schools Assistance Act 2008 (Cth)

Schools Assistance Act 2008 No. 153, 2008 Compilation No. 4 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 13 May 2016 About this compilation This compilation This is a compilation of the Schools Assistance Act 2008 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Simplified outline of Act Part 2—Interpretation Division 1—Definitions 4 Definitions Division 2—Other important concepts 5 Students receiving education at non‑government schools 6 Meaning of funding level 7 Levels of education 8 Meaning of schools census day 9 Meaning of school campus census day 10 Meaning of nominated authority Part 3—Authorisation of financial assistance Division 1—Simplified outline of Part 11 Simplified outline Division 2—Authorised financial assistance 12 Authorised financial assistance—funding agreements 13 Authorised financial assistance—schools must be approved 14 Authorised financial assistance—State recognition of schools etc. 15 Authorised financial assistance—financial viability Division 3—Funding agreements Subdivision A—Purpose of grants 16 Funding agreements—purpose of grants Subdivision B—National school performance and transparency requirements 17 Funding agreements—national student assessments 18 Funding agreements—national reports on the outcomes of schooling 19 Funding agreements—individual school information 20 Funding agreements—reporting to parents etc. 21 Funding agreements—publication by schools of information relating to schools 22 Funding agreements—national curriculum Subdivision C—Grant acquittal and reporting requirements 23 Funding agreements—acquittal of grants 24 Funding agreements—reports on programs and financial operations Subdivision D—Monitoring, evaluation and compliance 25 Funding agreements—monitoring 26 Funding agreements—evaluation 27 Funding agreements—failure to comply 28 Funding agreements—unauthorised amounts Subdivision E—Other provisions in funding agreements 29 Funding agreements—other provisions Division 4—Conditions applying to the States 30 Conditions applying to the States—payment of financial assistance to non‑government schools and bodies 31 Conditions applying to the States—requirement to repay amounts to Commonwealth Division 5—Repayment of financial assistance 32 Repayment of financial assistance—relevant considerations 33 Repayment of financial assistance—recovery from States as debts 34 Repayment of financial assistance—failure by relevant authorities to repay amounts Part 4—Grants for recurrent expenditure Division 1—Simplified outline of Part 35 Simplified outline Division 2—Average Government School Recurrent Costs 36 Average Government School Recurrent Costs—meaning of AGSRC 37 Average Government School Recurrent Costs—rounding‑up per student funding amounts Division 3—Current SES funding 38 Current SES funding—scope 39 Current SES funding—primary education funding determination 40 Current SES funding—primary education funding amounts 41 Current SES funding—secondary education funding determination 42 Current SES funding—secondary education funding amounts Division 4—Maintained funding 43 Maintained funding—scope 44 Maintained funding—determination 45 Maintained funding—primary education funding amounts 46 Maintained funding—secondary education funding amounts Division 5—Guaranteed year 2008 funding 47 Guaranteed year 2008 funding—scope 48 Guaranteed year 2008 funding—primary education funding determination 49 Guaranteed year 2008 funding—primary education funding amounts 50 Guaranteed year 2008 funding—secondary education funding determination 51 Guaranteed year 2008 funding—secondary education funding amounts Division 6—Maximum SES funding 52 Maximum SES funding—scope 53 Maximum SES funding—meaning of majority Indigenous student school 54 Maximum SES funding—determination 55 Maximum SES funding—primary education funding amounts 56 Maximum SES funding—secondary education funding amounts Division 7—Distance education funding 57 Distance education funding—primary distance education funding amounts 58 Distance education funding—secondary distance education funding amounts Division 8—Remoteness loading 59 Remoteness loading—scope 60 Remoteness loading—primary education funding determination 61 Remoteness loading—primary education funding amounts 62 Remoteness loading—secondary education funding determination 63 Remoteness loading—secondary education funding amounts Division 9—Indigenous supplementary assistance 64 Indigenous supplementary assistance—scope 65 Indigenous supplementary assistance—definitions 66 Indigenous supplementary assistance—primary education funding determination 67 Indigenous supplementary assistance—primary education funding amounts 68 Indigenous supplementary assistance—secondary education funding determination 69 Indigenous supplementary assistance—secondary education funding amounts Division 10—Indigenous funding guarantee 70 Indigenous funding guarantee—funding determination 71 Indigenous funding guarantee—funding amounts Division 11—SES scores Subdivision A—Definition 72 SES scores—definition Subdivision B—SES scores under former Act 73 SES scores—transitional determinations 74 SES scores—transitional guidelines Subdivision C—Change of SES score determinations 75 SES scores—determination of changes Subdivision D—SES score changes on application by school 76 SES scores—change proposals 77 SES scores—change applications 78 SES scores—decisions on change proposals 79 SES scores—general prerequisites for change proposals 80 SES scores—variation of determinations Subdivision E—Miscellaneous 81 SES scores—clerical or formal changes 82 SES scores—notice of determinations Part 5—Grants for capital expenditure 83 Capital expenditure—definitions 84 Capital expenditure—funding determination 85 Capital expenditure—capital expenditure supplementation number Part 6—Grants for targeted expenditure Division 1—Simplified outline of Part 86 Simplified outline Division 2—Short term emergency assistance 87 Short term emergency assistance—funding determination Division 3—Education in country areas 88 Education in country areas—funding determination Division 4—Languages education 89 Languages education—improving learning outcomes 90 Languages education—national projects 91 Languages education—grant amounts Division 5—Teaching English to new arrivals 92 Teaching English to new arrivals—definitions 93 Teaching English to new arrivals—funding determination 94 Teaching English to new arrivals—eligible new arrivals amounts 95 Teaching English to new arrivals—eligible humanitarian new arrivals amounts Division 6—Literacy, numeracy and special learning needs 96 Literacy, numeracy and special learning needs—students with disabilities 97 Literacy, numeracy and special learning needs—students who are educationally disadvantaged 98 Literacy, numeracy and special learning needs—school grants amounts 99 Literacy, numeracy and special learning needs—guarantee amounts Division 7—Establishment assistance 100 Establishment assistance—funding determination Division 8—Targeted expenditure supplementation number 101 Targeted expenditure supplementation number Part 7—Approved schools Division 1—Simplified outline of Part 102 Simplified outline Division 2—Approved schools 103 Approved schools—definition Division 3—Former listed schools 104 Former listed schools Division 4—Approved school determinations Subdivision A—Scope of Division 105 Approved school determinations—new school proposals Subdivision B—Applications 106 Approved school determinations—new school applications 107 Approved school determinations—decisions on new school proposals 108 Approved school determinations—general prerequisites for new school proposals 109 Approved school determinations—prerequisites for new school proposals applying in previous program years Subdivision C—Making approved school determinations 110 Approved school determinations—power to determine 111 Approved school determinations—contents Division 5—Changes to approved school determinations Subdivision A—General provisions 112 Changes to approved school determinations—power to determine Subdivision B—End of State recognition 113 Changes to approved school determinations—end of State recognition Subdivision C—Location changes 114 Changes to approved school determinations—location change proposals 115 Changes to approved school determinations—location change applications 116 Changes to approved school determinations—decisions on location change proposals 117 Changes to approved school determinations—general prerequisites for location change proposals 118 Changes to approved school determinations—prerequisites for location change proposals applying in previous program years 119 Changes to approved school determinations—location changes Subdivision D—Miscellaneous 120 Changes to approved school determinations—clerical or formal changes Division 6—Revoking approved school determinations 121 Revoking approved school determinations—power to determine 122 Revoking approved school determinations—schools ineligible for funding Division 7—Miscellaneous 123 Minister to give notice of determinations to approved authorities 124 Determinations may be given retrospective effect 125 Publication of list of funded schools Part 8—Approved school systems Division 1—Simplified outline of Part 126 Simplified outline Division 2—Approved school systems 127 Approved school systems—definitions Division 3—Former approved school systems 128 Former approved school systems Division 4—Approved school system determinations 129 Approved school system determinations—power to determine 130 Approved school system determinations—contents Division 5—Changes to approved school system determinations Subdivision A—General provisions 131 Changes to approved school system determinations—power to determine Subdivision B—New members of systems 132 Changes to approved school system determinations—new member proposals 133 Changes to approved school system determinations—new member applications 134 Changes to approved school system determinations—decisions on new member proposals 135 Changes to approved school system determinations—prerequisites for new member proposals 136 Changes to approved school system determinations—new member changes Subdivision C—Ending membership 137 Changes to approved school system determinations—proposals to end membership 138 Changes to approved school system determinations—applications to end membership 139 Changes to approved school system determinations—decisions on proposals to end membership 140 Changes to approved school system determinations—prerequisites for proposals to end membership 141 Changes to approved school system determinations—ending membership Subdivision D—Miscellaneous 142 Changes to approved school system determinations—clerical or formal changes Division 6—Revoking approved school system determinations 143 Revoking approved school system determinations—power to determine 144 Revoking approved school system determinations—systems stopped existing Division 7—Miscellaneous 145 Minister to give notice of determinations to approved authorities 146 Determinations may be given retrospective effect 147 Publication of list of approved school systems Part 9—Approved authorities Division 1—Simplified outline of Part 148 Simplified outline Division 2—Approved authorities 149 Approved authorities—definition Division 3—Former approved authorities 150 Former approved authorities Division 4—Approved authority determinations 151 Approved authority determinations—power to determine Division 5—Changes to approved authority determinations 152 Changes to approved authority determinations—power to determine 153 Changes to approved authority determinations—clerical or formal changes Division 6—Revoking approved authority determinations Subdivision A—General provisions 154 Revoking approved authority determinations—power to determine Subdivision B—Change of authorities 155 Revoking approved authority determinations—change of authorities 156 Revoking approved authority determinations—change of authority proposals 157 Revoking approved authority determinations—decisions on change of authority proposals 158 Revoking approved authority determinations—prerequisites for change of authority proposals 159 Revoking approved authority determinations—change of authority Division 7—Miscellaneous 160 Minister to give notice of determinations to approved authorities 161 Determinations may be given retrospective effect Part 10—Miscellaneous Division 1—Timing and amounts of financial assistance 162 Timing and amounts of financial assistance—general 163 Timing and amounts of financial assistance—advances 164 Timing and amounts of financial assistance—determinations Division 2—False or misleading statements 165 False or misleading statements—reduction of payments 166 False or misleading statements—variation of SES score Division 3—Appropriation and borrowings 167 Appropriation 168 Borrowings for capital expenditure Division 4—Administration 169 Administration—determinations and approvals 170 Administration—general power to vary or revoke determinations and approvals 171 Administration—delegation 172 Administration—annual report by Minister Division 5—Overseas students 173 Overseas students not covered Division 6—Regulations 174 Regulations Schedule 1—Current SES funding level Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to grant financial assistance for non‑government primary and secondary education from 2009, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Schools Assistance Act 2008. 2 Commencement This Act commences on 1 January 2009. 3 Simplified outline of Act (1) This section is a simplified outline of this Act. (2) Financial assistance may be paid to a State for, or in connection with, non‑government schools (or approved school systems) in the State for the following: (a) recurrent expenditure (see Part 4); (b) capital expenditure (see Part 5); (c) targeted expenditure (see Part 6). (3) Financial assistance may be paid for: (a) the 2009 to 2013 program years for recurrent expenditure and targeted expenditure; and (b) the 2009 to 2013 program years for capital expenditure. (4) Financial assistance for a non‑government school, or another non‑government body, may only be paid if there is a funding agreement with the relevant authority of the school or body that sets out the requirements that must, under this Act, be included in the agreement. Note: See Divisions 2 and 3 of Part 3. (5) If a non‑government school, or another non‑government body, breaches a funding agreement, the Minister may (under the agreement) require the school or body to repay an amount to the Commonwealth. The Minister may also reduce or delay the amount of other payments for the school or body under this Act. Note: See section 27. (6) If a State fails to pass on an amount of financial assistance to a non‑government school, or another non‑government body, for which financial assistance is granted under this Act, the Minister may require the State to repay an amount to the Commonwealth. Note: See Division 4 of Part 3. Part 2—Interpretation Division 1—Definitions 4 Definitions In this Act: 1992 Act means the States Grants (Primary and Secondary Education Assistance) Act 1992. 1996 Act means the States Grants (Primary and Secondary Education Assistance) Act 1996. 2000 Act means the States Grants (Primary and Secondary Education Assistance) Act 2000. 2008 funding level, for a school, for a particular level of education, means the funding level that was used to work out the funding for the school's recurrent expenditure for the 2008 program year, for that level of education, under the former Act. AGSRC (short for Average Government School Recurrent Costs) has the meaning given by section 36. amount includes a nil amount. approved authority has the meaning given by section 149. approved authority determination means a determination (including a transitional approved authority determination) made under section 151. approved school has the meaning given by section 103. approved school determination means a determination (including a transitional approved school determination) made under subsection 110(1). approved school system has the meaning given by section 127. approved school system determination means a determination (including a transitional approved school system determination) made under subsection 129(1). block grant authority has the meaning given by section 83. body means any organisation or body, whether incorporated or not, or an individual. capital expenditure has a meaning affected by section 83. capital expenditure supplementation number has the meaning given by section 85. current SES funding level, for a school with a particular SES score, means the percentage of AGSRC specified in column 2 of the table in Schedule 1 for that SES score. disability assessment, for a student, means an assessment, by a person with relevant qualifications, that: (a) the student has one or more of the following impairments: (i) an intellectual impairment; (ii) a sensory impairment; (iii) a physical impairment; (iv) a social impairment; (v) an emotional impairment; and (b) the student has the impairment or impairments to a degree that satisfies the criteria for eligibility to access special education services, or special education programs, provided by the Government of the State in which the student resides. Education Assistance Act means this Act, the former Act, the 2000 Act, the 1996 Act or the 1992 Act. eligible humanitarian new arrival has the meaning given by section 92. eligible new arrival has the meaning given by section 92. former Act means the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004. former list of non‑government schools means the list of non‑government schools kept under Division 2 of Part 3 of the former Act. funding agreement has the meaning given by section 12. funding level, for a non‑government school, for a particular level of education, has the meaning given by section 6. guaranteed funding level, for a non‑government school, for a particular level of education, means the school's 2008 funding level for that level of education. guarantee year, for a non‑government school, means: (a) if Subdivision C of Division 2 of Part 6 of the former Act (current SES funding) was used to work out the funding for the school's recurrent expenditure for the 2008 program year under the former Act—the 2008 program year (under the former Act); or (b) if Subdivision F of Division 2 of Part 6 of the former Act (guaranteed year 2004 funding) was used to work out the funding for the school's recurrent expenditure for the 2008 program year under the former Act—the 2004 program year (under the former Act). guardian, in relation to a student, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the student under the law of the Commonwealth or of a State or Territory. Indigenous: a person is Indigenous if he or she is: (a) a member of the Aboriginal race of Australia; or (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands. intensive ESL course has the meaning given by section 92. Note: ESL is short for English as a Second Language. level of education means a level of primary education or secondary education determined under section 7. maintained funding level, for a non‑government school, for a particular level of education, means the school's 2008 funding level for that level of education. majority Indigenous student school has the meaning given by section 53. maximum SES funded school has the meaning given by section 52. member, of an approved school system, has the meaning given by section 127. moderately accessible school campus: a school campus of a non‑government school is a moderately accessible school campus for a program year if the school campus is, on either of the following days, in a location categorised under the Remoteness Structure as Outer Regional Australia: (a) the school campus census day for the school campus in the previous calendar year; (b) the school campus census day for the school campus in the program year. nominated authority has the meaning given by section 10. non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State, including the following: (a) a non‑government school (whether the school is a systemic school or a non‑systemic school); (b) an approved school system. non‑government school means a school in a State: (a) that is not conducted by or on behalf of the Government of a State; and (b) that is not conducted for profit. non‑remote school campus, of a school, means a school campus of the school other than a remote school campus or a very remote school campus. non‑systemic school means a non‑government school that is not a systemic school. number of Indigenous primary students, at a school campus for a program year, has the meaning given by section 65. number of Indigenous secondary students, at a school campus for a program year, has the meaning given by section 65. number of primary distance education students, for a non‑government school in a State for a program year, means the number of students (including the full‑time equivalent of part‑time students) receiving primary distance education at the school on the schools census day for the school for the program year. Note: For when a student receives primary distance education at a non‑government school, see section 5. number of primary students, for a non‑government school in a State for a program year, means the number of students (including the full‑time equivalent of part‑time students) receiving primary education at the school on the schools census day for the school for the program year, but not including students receiving primary distance education. Note: For when a student receives primary education, or primary distance education, at a non‑government school, see section 5. number of secondary distance education students, for a non‑government school in a State for a program year, means the number of students (including the full‑time equivalent of part‑time students) receiving secondary distance education at the school on the schools census day for the school for the program year. Note: For when a student receives secondary distance education at a non‑government school, see section 5. number of secondary students, for a non‑government school in a State for a program year, means the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at the school on the schools census day for the school for the program year, but not including students receiving secondary distance education. Note: For when a student receives secondary education, or secondary distance education, at a non‑government school, see section 5. overseas student has the meaning given by section 173. person responsible, for a student, means: (a) a parent of the student; or (b) a guardian of the student; or (c) any other person who has the care and control of the student. primary education, at a school in a State, means education at the school at the level of primary education determined for the State under section 7. program year means: (a) the 2009, 2010, 2011, 2012 or 2013 calendar year; or (b) in relation to financial assistance for capital expenditure—the 2009, 2010, 2011, 2012 or 2013 calendar year. receives: a student receives primary education, secondary education, primary distance education or secondary distance education at a non‑government school in the circumstances mentioned in section 5. recurrent expenditure means expenditure relating to the ongoing operating costs of schools. relevant authority, for a non‑government body, means: (a) the approved authority or nominated authority for the body; or (b) in respect of a payment for a project administered by a block grant authority—the block grant authority. relevant Minister, in relation to a provision of the former Act, means the Minister who administered that provision. Remoteness Structure means the Remoteness Structure described in the document entitled "Statistical Geography Volume 1 Australian Standard Geographical Classification (ASGC) July 2006", published by the Australian Statistician in July 2006, that was effective 1 July 2006. remote school campus: a school campus of a non‑government school is a remote school campus for a program year if the school campus is, on either of the following days, in a location categorised under the Remoteness Structure as Remote Australia: (a) the school campus census day for the school campus in the previous calendar year; (b) the school campus census day for the school campus in the program year. responsible body has the meaning given by paragraph 138(1)(a). school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre‑school standard only. school campus: a location is a school campus of a non‑government school if the location is one at which students receive primary education or secondary education at the school. school campus census day has the meaning given by section 9. schools census day has the meaning given by section 8. secondary education, at a school in a State, means education (whether junior secondary education or senior secondary education) at the school at the level of secondary education determined for the State under section 7. SES score (short for Socio‑Economic Status score) has the meaning given by section 72. SES score determination means a determination (including a transitional SES score determination) made under subsection 72(2). special assistance school means a non‑government school in a State that: (a) is, or is likely to be, recognised by the State Minister as a special assistance school; and (b) primarily caters for students with social, emotional or behavioural difficulties. special education means education under special programs, or special activities, designed specifically for students with disabilities. special school means a non‑government school in a State that: (a) is, or is likely to be, recognised by the State Minister as a special school; and (b) provides special education. State includes the Australian Capital Territory and the Northern Territory. State Minister, for a State, means the Minister of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in that State. student with disabilities means a student: (a) who attends a non‑government school (whether or not as a distance education student); and (b) in respect of whom a disability assessment has been made. systemic school means an approved school that is approved as a member of an approved school system. targeted expenditure supplementation number has the meaning given by section 101. transitional approved authority determination has the meaning given by subsection 150(2). transitional approved school determination has the meaning given by subsection 104(2). transitional approved school system determination has the meaning given by subsection 128(2). transitional SES score determination has the meaning given by subsection 73(2). very remote school campus: a school campus of a non‑government school is a very remote school campus for a program year if the school campus is, on either of the following days, in a location categorised under the Remoteness Structure as Very Remote Australia: (a) the school campus census day for the school campus in the previous calendar year; (b) the school campus census day for the school campus in the program year. Division 2—Other important concepts 5 Students receiving education at non‑government schools Primary and secondary education (1) In this Act: receives: a student receives primary education or secondary education (as the case may be) at a non‑government school (or at a school campus of a non‑government school) only if: (a) the student attends, on a daily basis, the school (or campus) at a location approved for the school, for that level of education, under this Act; or (b) the Minister determines that the student is to be treated (because of special circumstances) as so attending the school (or campus). Distance education (2) In this Act: receives: a student receives primary distance education or secondary distance education (as the case may be) at a non‑government school (or at a school campus of a non‑government school) located in a State only if: (a) the student resides in the State; and (b) the State provides funding for the school (otherwise than as a result of the operation of this Act), for that level of education, for students enrolled at the school who receive distance education (however described) from the school; and (c) the student is not approved as a home education student (however described) in accordance with the law of the State in which the student resides. 6 Meaning of funding level In this Act: funding level, for a non‑government school, for a particular level of education, for a program year, has the meaning set out in the following table: Funding levels—general Item If the following Division of Part 4 applies to the school for that level of education for that program year … the funding level for that level of education, for that program year, is … 1 Division 3 (current SES funding) the school's current SES funding level. 2 Division 4 (maintained funding) the school's maintained funding level. 3 Division 5 (guaranteed year 2008 funding) the school's guaranteed funding level. 4 Division 6 (maximum SES funding) 70% of AGSRC for that level of education for the program year. 7 Levels of education (1) For the purposes of this Act, the Minister may, by legislative instrument, determine a level of primary education or a level of secondary education for a State. (2) A determination under subsection (1) may relate to: (a) education provided at schools generally; or (b) education provided at schools included in a particular class of schools. (3) In making a determination under subsection (1), the Minister must have regard to the arrangements made for providing education at schools in the State conducted by or on behalf of the Government of the State. This does not limit the matters to which the Minister may have regard. (4) A reference in this Act to a level of education at a school in a State includes a reference to a year in a course of primary education or secondary education provided at the school at a level, determined by the Minister under subsection (1), that applies to the school. 8 Meaning of schools census day (1) In this Act: schools census day, for a calendar year, for a non‑systemic school or approved school system, means: (a) for the 2008 calendar year—the schools census day for the school or system for that year under the former Act; or (b) for any other calendar year: (i) if, under subsection (2), the Minister has declared a particular day in the year to be the schools census day for the school or system—the day so declared; or (ii) if subparagraph (i) does not apply to the school or system—a day in the year agreed between the Minister and the State Minister, under subsection (3), to be the schools census day for that school or system. (2) For the purpose of subparagraph (b)(i) of the definition of schools census day in subsection (1), the Minister may declare a particular day in a calendar year to be the schools census day for that year, for a non‑systemic school or an approved school system, if the Minister is satisfied that special circumstances exist justifying the declaration. (3) For the purpose of subparagraph (b)(ii) of the definition of schools census day in subsection (1), the Minister may agree with the State Minister that a particular day in a calendar year is to be the schools census day for that year, for a non‑systemic school or an approved school system. 9 Meaning of school campus census day (1) In this Act: school campus census day, for a calendar year, for a school campus of a non‑government school, means: (a) for the year 2008—the schools campus census day for the school campus for that year under the former Act; or (b) for any other calendar year: (i) the schools census day for the school for that year; or (ii) if, under subsection (2), the Minister has declared a particular day in the year to be the school campus census day—the day so declared. (2) For the purpose of subparagraph (b)(ii) of the definition of school campus census day in subsection (1), the Minister may declare a particular day in a calendar year to be the school campus census day for the school campus for the year, if the Minister is satisfied that special circumstances exist justifying the declaration. 10 Meaning of nominated authority (1) For the purposes of this Act, or a provision (or provisions) of this Act specified under subsection (2), a body nominated under that subsection by a group of non‑government schools is the nominated authority of the group. (2) A group of non‑government schools may make a written nomination to the Secretary of the Department of a body to be the nominated authority of the group for the purposes of this Act, or of a specified provision or provisions of this Act. Part 3—Authorisation of financial assistance Division 1—Simplified outline of Part 11 Simplified outline (1) This section is a simplified outline of this Part. (2) Financial assistance to a State for a non‑government school, or another non‑government body, must not be paid unless there is an agreement between the Commonwealth and the relevant authority of the school or body. (3) The agreement must cover matters including the following: (a) national performance and transparency requirements (see Subdivision B of Division 3); (b) grant acquittal and reporting requirements (see Subdivision C of Division 3); (c) monitoring, evaluation and compliance requirements (see Subdivision D of Division 3). (4) The following additional conditions apply to the grant of financial assistance to a State for a non‑government school or another non‑government body (see Divisions 2 and 4): (a) in the case of financial assistance for a school—the school must be an approved school; (b) the school or body must be financially viable; (c) the State must pay amounts of assistance to the relevant authority of the school or body as soon as practicable (or within an extended period allowed by the Minister). (5) If a non‑government school, or another non‑government body, breaches a funding agreement, the Minister may (under the agreement) require the school or body to repay an amount to the Commonwealth. The Minister may also reduce or delay the amount of other payments for the school or body under this Act. Note: See section 27. (6) If a State fails to pass on an amount of financial assistance to a non‑government school, or another non‑government body, for which financial assistance is granted under this Act, the Minister may require the State to repay an amount to the Commonwealth. Note: See Division 4. Division 2—Authorised financial assistance 12 Authorised financial assistance—funding agreements (1) The Minister must not authorise a payment to a State under this Act for a non‑government school, or another non‑government body, unless the relevant authority of the school or body has made an agreement (a funding agreement) with the Commonwealth that complies with Division 3 (Funding agreements). (2) A funding agreement may have been made before the commencement of this Act. 13 Authorised financial assistance—schools must be approved The Minister must not authorise a payment to a State under this Act for education at a particular level at a particular location at a non‑government school unless the school is an approved school for that level and location. Note: Part 7 deals with the approval of schools. 14 Authorised financial assistance—State recognition of schools etc. Recognition of school (1) The Minister may refuse to authorise a payment to a State under this Act for a non‑government school during any period when the State Minister does not recognise the school. Note: The Minister must revoke the school's approved school determination (see section 122). Recognition of level of education at school (2) The Minister may refuse to authorise a payment to a State under this Act for a non‑government school for a particular level of education provided at a non‑government school during any period when the State Minister does not recognise the school for that level of education. Recognition of location for level of education (3) The Minister may refuse to authorise a payment to a State under this Act for a non‑government school for provision of a level of education by the school at a particular location during any period when the State Minister does not recognise the school for that level of education provided at the location. Non‑recognition under State law (4) For the purposes of this section, without limiting subsections (1) to (3), a period during which the State Minister concerned does not recognise a school includes a period (including a temporary period) during which the school is not permitted under the law of the State concerned to provide: (a) in relation to the condition in subsection (1)—education (at whatever level) at the school; or (b) in relation to the condition in subsection (2)—the level of education concerned at the school; or (c) in relation to the condition in subsection (3)—the level of education concerned at the school, at the location concerned. 15 Authorised financial assistance—financial viability (1) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body (including a non‑government school), or the relevant authority of such a body, if: (a) either (or both) of the following applies: (i) the body or authority is a body corporate that is being wound up; (ii) the affairs of the body or authority are under any form of external control (for example, the control of a manager) under a law of the Commonwealth or a State; or (b) the Minister considers that: (i) the liabilities of the body or authority are greater than its assets; or (ii) the body or authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment; or (c) a law of the Commonwealth or a State requires the body or authority to be audited, and the Minister determines that this paragraph applies because the relevant audit: (i) is expressed to be qualified; or (ii) expresses concern about the financial viability of the body or authority. (2) A determination made under paragraph (1)(c) is not a legislative instrument, but is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901. Note: Section 46B of the Acts Interpretation Act 1901 was repealed by the Acts and Instruments (Framework Reform) Act 2015. Item 179 of Schedule 1 to that Act includes certain saving and transitional provisions for section 46B. Division 3—Funding agreements Subdivision A—Purpose of grants 16 Funding agreements—purpose of grants (1) A funding agreement must require the relevant authority for the non‑government school, or other non‑government body, to ensure that amounts received by the relevant authority from the State, as a result of the payment to the State for the school or body, are spent for purposes that are: (a) determined by the Minister; and (b) set out in the agreement. (2) Without limiting subsection (1), the purposes for which an amount may be spent include the purpose of paying administrative expenses incurred by the relevant authority. Note: Financial assistance under this Act may be given for recurrent expenditure, capital expenditure or targeted expenditure (see Parts 4, 5 and 6). Subdivision B—National school performance and transparency requirements 17 Funding agreements—national student assessments National student assessments (1) For the purposes of this section, the regulations may prescribe assessments (national student assessments) against specified educational standards, including (but not limited to) an assessment against national standards in reading, writing, language conventions and numeracy for students in years 3, 5, 7 and 9 at school. Requirement for national student assessments (2) A funding agreement for a non‑systemic school, or for an approved school system, must require the relevant authority for the school or system to ensure that each national student assessment specified in the regulations as applying to the school (or to the schools in the system) is carried out: (a) no later than a day or days (if any) determined by the Minister; and (b) as prescribed by the regulations. Note: The regulations may provide that the assessments are to be carried out only for schools of a particular class, and may make different provisions for assessments at schools of different classes (see subsection 33(3A) of the Acts Interpretation Act 1901). (3) Without limiting subsection (2), regulations made for the purposes of that subsection may require a national student assessment to be carried out: (a) for the students specified in the regulations; and (b) in a way prescribed by the regulations; and (c) with the frequency prescribed by the regulations. Note: The regulations may provide that any particular assessment is to be carried out only for students of a particular class, and may make different provisions for students of different classes (see subsection 33(3A) of the Acts Interpretation Act 1901). Applying, adopting or incorporating matter contained in other instruments (4) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or other writing as in force or existing from time to time. 18 Funding agreements—national reports on the outcomes of schooling (1) A funding agreement for a non‑systemic school, or for an approved school system, must require the relevant authority for the school or system to do each of the following: (a) in the case of an agreement for a non‑systemic school—ensure that the school participates in preparing a national report (or reports) on the outcomes of schooling; (b) in the case of an agreement for an approved school system—ensure that the system, and each school in the system, participates in preparing a national report (or reports) on the outcomes of schooling; (c) give the Minister (for inclusion in a report mentioned in paragraph (a) or (b)) a report (or reports), of a kind (or kinds) required by the Minister, addressing the requirements for performance information prescribed by the regulations. (2) A requirement mentioned in paragraph (1)(a), (b) or (c) must be satisfied not later than: (a) if the Minister determines a day or days for the purposes of that paragraph—that day or days; or (b) in any other case—a day or days that will allow publication of any report mentioned in paragraphs (1)(a) and (b) within one year after the end of each program year. 19 Funding agreements—individual school information (1) A funding agreement for a non‑systemic school, or an approved school system, must require the relevant authority for the school or system to ensure that the school, or each school in the system, gives the Minister, or another person or body determined by the Minister, a report (or reports) about individual school information, specified by the regulations, for the school. (2) The report (or reports) mentioned in subsection (1): (a) must be of a kind (or kinds) required by the Minister; and (b) must be given to the Minister: (i) from time to time, as required by the Minister; and (ii) in the way (if any) determined by the Minister; and (iii) no later than a day or days (if any) required by the Minister. 20 Funding agreements—reporting to parents etc. Scope (1) This section applies in relation to a student who attends a non‑systemic school, or a school that is a member of an approved school system. Reports about student attending school (2) A funding agreement for the school or system must require the relevant authority for the school or system to give each person responsible for the student a report (or reports) concerning the student that complies with this section. (3) A report complies with this section if the report: (a) uses plain language, and is readily understandable by each person responsible for the student; and (b) gives an accurate and objective assessment of the student's progress and achievement; and (c) includes an assessment of the student's achievement: (i) against any available national standards; and (ii) relative to the performance of the student's peer group at the school; and (d) meets any other requirements that are specified in the regulations; and (e) is given to each person responsible for the student: (i) in a way prescribed by the regulations; and (ii) with the frequency prescribed by the regulations. 21 Funding agreements—publication by schools of information relating to schools (1) A funding agreement for a non‑systemic school, or an approved school system, must require the relevant authority for the school or system to ensure that the school, or each school in the system, makes the information specified in the regulations relating to the school for a program year publicly available within 6 months after the end of the program year. (2) The information mentioned in subsection (1) must be made publicly available in the way (if any) specified by the regulations. 22 Funding agreements—national curriculum (1) A funding agreement for a non‑systemic school, or an approved school system, must require the relevant authority for the school or system to ensure that the school, or each school in the system, implements the national curriculum prescribed by the regulations in accordance with the regulations. (2) Despite subsection 14(2) of the Legislation Act 2003, regulations made for the purposes of this section may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, any matter contained in an instrument or other writing as in force or existing from time to time. Subdivision C—Grant acquittal and reporting requirements 23 Funding agreements—acquittal of grants (1) A funding agreement must require the relevant authority for the non‑government school, or other non‑government body: (a) to give the Secretary of the Department a certificate by a qualified accountant stating whether an amount equal to the sum of the amounts mentioned in subsection 16(1) (purpose of grants) has been spent (or committed to be spent) for the program year for the purposes mentioned in that subsection; and (b) to give the Secretary of the Department the certificate on or before 30 June next following the program year concerned, or another day allowed by the Minister. (2) In this section: qualified accountant means: (a) a qualified accountant within the meaning of the Corporations Act 2001; or (b) a person registered (or taken to be registered) as a company auditor under the Corporations Act 2001; or (c) a person approved by the Minister as a qualified accountant under subsection (3). (3) The Minister may approve a person as a qualified accountant for the purposes of subsection (2). 24 Funding agreements—reports on programs and financial operations (1) A funding agreement must require the relevant authority for the non‑government school, or other non‑government body, to ensure that a report (or reports), of a kind (or kinds) required by the Minister, is given to the Minister in relation to each of the following: (a) programs of financial assistance provided under this Act, so far as they relate to the relevant authority; (b) the financial operations (including the financial viability and funding sources) of: (i) in any case—the school or other body; and (ii) in the case of an approved school system—the schools (including each particular school) in the system. (1A) A funding agreement must not require a report mentioned in subsection (1) to include any information that would identify a particular donor as a funding source of any non‑government school or non‑government body. (2) A report mentioned in subsection (1) must be given to the Minister no later than a day or days (if any) determined by the Minister. Subdivision D—Monitoring, evaluation and compliance 25 Funding agreements—monitoring Monitoring relevant authority (1) A funding agreement must require the relevant authority for the non‑government school, or other non‑government body, to allow a person (an authorised person) authorised in writing by the Minister for the purpose to do either or both of the following: (a) to have full and free access to accounts, records and documents of the relevant authority relating to information that the authority is required under the agreement to give to the Minister; (b) to take extracts from, or make copies of, any such accounts, records and documents. Monitoring schools (2) Without limiting subsection (1), a funding agreement for a non‑systemic school, or an approved school system, must allow an authorised person to have full and free access to each campus of the school, or of each school in the system, for the following purposes: (a) the purposes mentioned in paragraphs (1)(a) and (b); (b) to undertake any reasonable inspection of the campus, and of the students at the campus, including an inspection for the purpose of counting the number of students at the campus. Reasonable notice, access times and assistance (3) For the purposes of this section, the funding agreement: (a) must allow for access mentioned in this section to be given only on condition that: (i) in the case of a non‑systemic school—the authorised person gives reasonable notice to the relevant authority for the school; and (ii) in the case of a systemic school—the authorised person gives reasonable notice to the relevant authority for the approved school system concerned, and to a person responsible for the operation of the school; and (iii) in any case—the access is given at reasonable times; and (b) must provide for the authorised person to be given such help as he or she requires to exercise any power mentioned in this section. 26 Funding agreements—evaluation (1) A funding agreement must require the relevant authority for the non‑government school, or other non‑government body, to ensure that the school or body participates in evaluating the outcomes of programs of financial assistance provided under this Act for the school or body. (2) Without limiting subsection (1), if that subsection applies to a relevant authority for an approved school system, the funding agreement must require the authority to ensure that each school in the system participates in evaluating the outcomes of programs of financial assistance provided under this Act for the school. 27 Funding agreements—failure to comply Failure to comply with funding agreement (1) A funding agreement must contain a provision to the effect that any or all of the consequences set out in this section may apply if the relevant authority does not comply with a requirement of the agreement: (a) within the period required by or under the agreement; or (b) within a further period allowed by the Minister (whether the Minister allows this before or after the end of the period required by or under the agreement). Consequences of failure to comply (2) If the Minister so determines, the relevant authority must pay to the Commonwealth a specified amount (not more than the sum of the amounts mentioned in subsection 16(1) (purpose of grants)). (3) The Minister may determine that any other amount or amounts of financial assistance to the State under this Act for the school or body is to be reduced by an amount or amounts totalling not more than: (a) if the Minister makes a determination under subsection (2)—the amount required to be paid under the determination; or (b) in any other case—the sum of the amounts mentioned in subsection 16(1). Note: A determination reducing the amount of a payment is made under section 34. (4) The Minister may delay the making of any further payment (or a part of a further payment) to the State under this Act for the school or body until the relevant authority complies with the requirement set out in the agreement. 28 Funding agreements—unauthorised amounts A funding agreement must contain a provision that, if the sum of the amounts mentioned in subsection 16(1) (purpose of grants) exceeds the total amount that was properly authorised to be paid to the State for the school or body: (a) the relevant authority must, if the Minister so determines, pay to the Commonwealth an amount (the determined amount) equal to the excess; and (b) in the event that the authority does not pay the determined amount to the Commonwealth, the Minister may make a further determination reducing any other amount or amounts of financial assistance for the State under this Act for the school or body by an amount or amounts not more than the determined amount. Note: A further determination mentioned in paragraph (b) is made under section 44. Subdivision E—Other provisions in funding agreements 29 Funding agreements—other provisions A funding agreement (or a funding agreement as varied) must include the following provisions: (a) the provisions mentioned in any of the following paragraphs of this Act (if applicable): (i) paragraph 135(b) (the inclusion of new schools in an approved school system); (ii) paragraph 140(e) (prerequisites for proposals to end membership of approved school systems); (iii) paragraph 158(d) (changes of approved authorities); Note: These provisions relate to the carrying‑over of obligations under funding agreements when changes are made to the approvals concerned. (b) any provisions prescribed by the regulations; (c) any other provisions that the Minister considers appropriate in relation to the relevant authority, school or body. Division 4—Conditions applying to the States 30 Conditions applying to the States—payment of financial assistance to non‑government schools and bodies (1) The grant to a State because of a provision of this Act of financial assistance for a non‑government school, or another non‑government body, for a program year is subject to the condition that the State is required: (a) to pay to the relevant authority of the school or body each amount paid to the State for the school or body because of the provision; and (b) when making such a payment, to describe the amount paid to the relevant authority as a payment made out of money paid to the State by the Commonwealth because of the provision. (2) It is also a condition of the grant to the State that the payment of each amount must be made: (a) as soon as practicable after the amount is paid to the State; or (b) within a further period allowed by the Minister (whether the Minister allows this before or after the end of the time mentioned in paragraph (a)). 31 Conditions applying to the States—requirement to repay amounts to Commonwealth (1) A grant to a State mentioned in section 30 is subject to the condition that, in the event that the State does not comply with the condition mentioned in subsection 30(1), the State is required, if the Minister so determines, to repay to the Commonwealth the amount stated in the determination. (2) The amount stated in a determination under subsection (1) must not exceed the sum of the amounts of financial assistance paid to the State under the provision for the school or body for the program year concerned. Division 5—Repayment of financial assistance 32 Repayment of financial assistance—relevant considerations Scope (1) This section applies if the Minister is considering whether to make: (a) a determination, under a provision of a funding agreement mentioned in section 27 or 28, that the relevant authority of a school or body is to pay an amount to the Commonwealth; or (b) a determination under subsection 31(1) that a State is to repay an amount to the Commonwealth. Relevant considerations (2) In considering whether to make the determination, the Minister must take into account all relevant matters, including whether the relevant authority or State gave all relevant information to the Commonwealth before the grant of financial assistance was made. 33 Repayment of financial assistance—recovery from States as debts An amount payable by a State to the Commonwealth under this Act is a debt due by the State to the Commonwealth. 34 Repayment of financial assistance—failure by relevant authorities to repay amounts Scope (1) This section applies if: (a) under a funding agreement (or an agreement under section 30 of the former Act) between the Commonwealth and the relevant authority of a non‑government school, or another non‑government body, the Minister or the relevant Minister (as appropriate) has determined that the authority is to pay an amount to the Commonwealth; and (b) an amount (the amount repayable) that is all or a part of the amount mentioned in paragraph (a) remains unpaid. Reduction of authorised amount (2) The Minister may make a determination reducing an amount that is authorised to be paid to a State for the school or body under any provision of this Act in any program year by an amount not more than the amount repayable. Later increase of authorised amount (3) The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to a State for the school or body for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2). (4) It does not matter whether the reduction was made in relation to the same provision of this Act as the provision of this Act mentioned in subsection (3), or a different provision. Part 4—Grants for recurrent expenditure Division 1—Simplified outline of Part 35 Simplified outline (1) This section is a simplified outline of this Part. (2) This Part allows the Minister to make determinations authorising the payment of financial assistance to the States for non‑government schools, for recurrent expenditure of the following types: (a) current SES funding (see Division 3); (b) maintained funding (see Division 4); (c) guaranteed year 2008 funding (see Division 5); (d) maximum SES funding (see Division 6); (e) distance education funding (see Division 7); (f) remoteness loading (see Division 8); (g) Indigenous supplementary assistance (see Division 9); (h) Indigenous funding guarantee (see Division 10). (3) Funding for recurrent expenditure is worked out on a school by school basis (whether the school is a non‑systemic school or a systemic school). (4) This Part also sets limits on financial assistance for those types of recurrent expenditure, using a series of per student amounts for different categories of students, and different levels of education, at each school. Division 2—Average Government School Recurrent Costs 36 Average Government School Recurrent Costs—meaning of AGSRC (1) In this Act: AGSRC (short for Average Government School Recurrent Costs) means: (a) for primary education for a program year: (i) $8,044; or (ii) if the regulations specify another amount under subsection (2) for the program year—that amount; or (b) for secondary education for a program year: (i) $10,061; or (ii) if the regulations specify another amount under subsection (2) for the program year—that amount; or (2) The regulations may specify amounts for the purposes of subsection (1). (3) Before the Governor‑General makes regulations for the purposes of subsection (2), the Minister must consider changes in the figures known as the Average Government School Costs published by: (a) the Ministerial Council on Education, Employment, Training and Youth Affairs; or (b) a body specified by the regulations that has a corresponding function. 37 Average Government School Recurrent Costs—rounding‑up per student funding amounts Scope (1) This section applies in relation to an amount (a funding amount) worked out under one of the following provisions (a funding amount provision): (a) section 40 (current SES funding—primary education); (b) section 42 (current SES funding—secondary education); (c) section 45 (maintained funding—primary education); (d) section 46 (maintained funding—secondary education); (e) section 49 (guaranteed year 2008 funding—primary education); (f) section 51 (guaranteed year 2008 funding—secondary education); (g) section 55 (maximum SES funding—primary education); (h) section 56 (maximum SES funding—secondary education). Rounding‑up to next highest dollar (per student amounts) (2) If an amount covered by subsection (3) is an amount of dollars and cents, for the purposes of a funding amount provision, the amount is to be rounded to the next highest dollar. (3) This subsection covers an amount that is a component of a funding amount, in relation to a level of education and a program year, worked out using a formula of the following kind: Division 3—Current SES funding 38 Current SES funding—scope This Division applies to a non‑government school in a State for a particular program year and level of education provided at the school, unless one of the following Divisions applies to the school for that program year and for that level of education: (a) Division 4 (maintained funding); (b) Division 5 (guaranteed year 2008 funding); (c) Division 6 (maximum SES funding). 39 Current SES funding—primary education funding determination (1) The Minister may make a determination authorising payment of an amount of financial assistance to the State for recurrent expenditure: (a) if the school is a non‑systemic school—of the school for primary education provided by the school in the program year; or (b) if the school is a member of an approved school system—of the approved school system for primary education provided by the school in the p