Commonwealth: Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 (Cth)

Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 No. 135, 2004 Compilation No. 9 Compilation date: 5 March 2016 Includes amendments up to: Act No. 126, 2015 Registered: 10 May 2016 About this compilation This compilation This is a compilation of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004 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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 4 Definitions 5 Students receiving education at non‑government schools 6 Funding level 7 Levels of education 8 SES score 9 Approved authority 10 Nominated authority 11 Approved government school community organisation Part 2—General provisions relating to grants Division 1—Simplified outline of Part 12 Simplified outline Division 2—Grants for government schools 13 Division does not apply in relation to financial assistance under section 69 for approved government school community organisations 14 Agreement on conditions of financial assistance 15 Further commitment—student reports 16 Further conditions of financial assistance 17 General conditions of financial assistance 18 Specific condition—financial accountability 19 Specific condition—educational accountability 20 Specific condition—non‑fulfilment of conditions 21 Specific condition—overpayment of financial assistance Division 3—Grants for approved government school community organisations Subdivision A—Conditions of grants for approved government school community organisations 22 Agreement on conditions of financial assistance 23 General conditions of financial assistance 24 Specific condition—financial accountability 25 Specific condition—other accountability requirements 26 Specific condition—non‑fulfilment of conditions 27 Specific condition—overpayment of financial assistance Subdivision B—Conditions of grants to States for approved government school community organisations 28 General conditions of grant to State of financial assistance 29 Specific condition—non‑fulfilment of conditions Division 4—Grants for non‑government bodies Subdivision A—Requirements for relevant authorities etc. 30 Minister not to authorise payment to a State for a non‑government body in certain circumstances 31 Provisions that must be included in agreements 32 Further commitment—student reports 33 Provisions that may be included in agreements 34 General requirements 35 Specific requirement—financial accountability 36 Specific requirement—educational accountability 37 Specific requirement—provision dealing with failure to comply within time limit 38 Specific requirement—failure to comply with other requirements Subdivision B—Conditions of grants to States for non‑government bodies 39 General conditions of grant to State of financial assistance 40 Specific condition—non‑fulfilment of conditions Division 5—Miscellaneous 41 Powers of Minister if amounts of grants become repayable 42 Amount payable by a State to the Commonwealth is a debt 43 Powers of Minister if amounts payable by approved government school community organisations 44 Powers of Minister if amounts payable by relevant authorities 45 Determinations requiring repayments Part 3—Lists of non‑government schools and approved school systems Division 1—Funding of non‑government schools 46 Funding of non‑government schools Division 2—List of non‑government schools 47 List of non‑government schools Division 3—List of approved school systems 48 List of approved school systems Part 4—Varying lists Division 1—Simplified outline of Part 49 Simplified outline Division 2—Varying lists of non‑government schools and approved school systems 50 Varying list of non‑government schools 51 Varying list of approved school systems Division 3—Change of funding level 52 Application to change funding level of non‑government school due to incorrect SES score etc. 53 Change of funding level of non‑government school due to incorrect SES score etc. Division 4—Change of approved authority 54 Application of Division 55 How to obtain Ministerial approval of proposal 56 Decision by Minister on application 57 Varying list of non‑government schools Division 5—Change in systemic status 58 Proposal for a non‑systemic school to become a member of an approved school system 59 Proposal for a school to cease to be a member of an approved school system Division 6—Changes to schools or education provided 60 Application to vary list of non‑government schools 61 Decision by Minister on application 62 Prerequisites for variation of list 63 Application relating to previous program year Division 7—Miscellaneous 64 Variation to include funding level in certain circumstances 65 Minister to give notice to authority of determination 66 Determination may be given retrospective effect 67 Overseas students disregarded Part 5—Grants for education at government schools Division 1—Grants for general recurrent expenditure 68 Grants for general recurrent expenditure Division 2—Capital grants 69 Authorising payments of capital grants Part 6—Grants for non‑government schools Division 1—Simplified outline of Part 70 Simplified outline Division 2—Grants for general recurrent expenditure Subdivision A—Simplified outline of Division 71 Simplified outline Subdivision B—Application 72 Application of Division 73 Application of Subdivision C—current SES funding 74 Application of Subdivision D—maintained year 2000 funding 75 Application of Subdivision E—maintained Catholic school funding 76 Application of Subdivision F—guaranteed year 2004 SES funding 77 Application of Subdivision G—special schools and special assistance schools 77A Application of Subdivision I—remoteness per capita loading Subdivision C—Current SES funding 78 Authorising payments for non‑systemic schools 79 Authorising payments for approved school systems 80 Primary student amount 81 Secondary student amount Subdivision D—Maintained year 2000 funding 82 Authorising payments for non‑systemic schools 83 Authorising payments for approved school systems 84 Primary student amount 85 Secondary student amount Subdivision E—Maintained Catholic school funding 86 Authorising payments for approved Catholic school systems 87 Primary student amount 88 Secondary student amount Subdivision F—Guaranteed year 2004 SES funding 89 Authorising payments for non‑systemic schools 90 Authorising payments for approved school systems 91 Primary student amount 92 Secondary student amount Subdivision G—Special schools and special assistance schools 93 Authorising payments for non‑systemic schools 94 Authorising payments for approved school systems 95 Primary student amount 96 Secondary student amount Subdivision H—Distance education amounts 97 Primary distance education student amount 98 Secondary distance education student amount Subdivision I—Remoteness per capita loading 98A Authorising payments 98B Primary student amount 98C Secondary student amount Division 3—Capital grants 99 Authorisation of payment of capital grants Division 4—Other grants for non‑government rural student hostels 100 Authorisation of payment of other grants for non‑government rural student hostels Division 5—Grants of short term emergency assistance 101 Grants of short term emergency assistance Division 6—Grants to provide establishment assistance 102 Grants to provide establishment assistance Part 7—Grants for education in country areas 103 Object of Part 104 Grants for government schools in country areas 105 Grants for non‑government schools in country areas 106 Ceiling for grants under this Part Part 8—Grants to foster languages education 107 Object of Part 108 Grants for government schools etc. 109 Grants for non‑government schools 110 Grants for national projects to foster languages education 111 Ceiling for grants under this Part Part 9—Grants for teaching English to new arrivals 112 Object of Part 113 Grants for teaching English as a second language in government schools 114 Grants for teaching English as a second language in non‑government schools Part 10—Literacy, numeracy and special learning needs Division 1—Object of Part 115 Object of Part Division 2—Grants for schools 116 Grants for government schools and centres 117 Grants for non‑government schools 118 Grants for both government schools and centres and non‑government schools Division 3—Grants for non‑government centres 119 Grants for non‑government centres Division 4—Grants for national projects 120 Grants for national projects Part 11—Miscellaneous Division 1—Average Government School Recurrent Costs 121 Changes to Average Government School Recurrent Costs 122 Changes to amounts for primary education 123 Changes to amounts for secondary education Division 1A—Grant amounts for particular program years 123A Changes to grant amounts for particular program years Division 2—Cost supplementation 124 Recurrent grants—general 126 Capital grants for government schools and non‑government schools 127 Other grants for non‑government rural student hostels Division 3—Timing of payments etc. 128 Minister may fix amounts and times of payment of financial assistance 129 Advances 130 Determination authorising the making of payments may authorise Minister to determine amounts of payments Division 4—False or misleading statements 131 Payment reduction for false or misleading statement 132 Change of SES score due to false or misleading statement Division 5—Appropriation and authority to borrow 133 Appropriation 134 Authority to borrow Division 6—Administrative matters 135 Determinations, approvals etc. by Minister 136 Revocation or variation of determinations or approvals by Minister 137 Delegation 138 Report by Minister Division 7—Overseas students 139 Overseas students Division 8—Regulations 140 Regulations Part 12—Transitional provisions 141 Application of this Part 142 Approved authority 143 Levels of education 144 Previous list of non‑government schools 145 Previous list of approved school systems 146 SES scores and funding levels of existing non‑systemic schools 147 SES scores and funding levels of existing systemic schools 148 Overseas students 149 Block grant authority 150 Regulations 151 Guidelines Schedule 1—Average Government School Recurrent Costs (AGSRC) Schedule 2—General recurrent grants for government schools Schedule 3—Capital grants for government schools Schedule 4—General recurrent grants for non‑government schools Part 1—Current SES funding for primary education Part 2—Current SES funding for secondary education Part 3—Year 2000 funding for primary education Part 4—Year 2000 funding for secondary education Schedule 5—Capital grants for non‑government schools Schedule 6—Other grants for non‑government rural student hostels Schedule 7—Grants of short term emergency assistance for non‑government schools Schedule 8—Grants for targeted assistance Part 1—Grants for targeted assistance Part 2—ESL new arrivals amount Part 3—ESL new arrivals humanitarian amount Schedule 9—Grants for literacy, numeracy and special learning needs Part 1—Grants for literacy, numeracy and special learning needs Part 2—Strategic assistance amounts Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history An Act to grant financial assistance to the States for 2005 to 2008 for primary and secondary education, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004. 2 Commencement This Act commences, or is taken to have commenced, on 1 January 2005. 3 Simplified outline of Act (1) This section is a simplified outline of this Act. (2) Financial assistance may be paid to the States for both government and non‑government schools in the States for the 2005 to 2008 calendar years for grants for the following: (a) general recurrent expenditure; (b) capital expenditure; (c) expenditure for certain other specific purposes. (3) Payments may be authorised only for the purposes in Parts 5 to 10. (4) Financial assistance to a State for government schools must not be paid unless there is an agreement with the State. The agreement must set out the conditions on financial assistance, including conditions that this Act requires the agreement to include. (5) Financial assistance to a State for a non‑government school or system of schools must not be paid unless: (a) there is an agreement with the relevant authority of the school or system that sets out the requirements that this Act requires the agreement to include; and (b) the list of non‑government schools includes the school, or the schools in the system. (6) If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under this Act. 4 Definitions In this Act, unless the contrary intention appears: AGSRC, for primary education for a program year, means: (a) the Average Government School Recurrent Costs in Schedule 1 for primary education for the program year; or (b) if regulations are made for the purposes of subsection 121(1) for primary education for the program year—the amount specified in the regulations for that year. AGSRC, for secondary education for a program year, means: (a) the Average Government School Recurrent Costs in Schedule 1 for secondary education for the program year; or (b) if regulations are made for the purposes of subsection 121(1) for secondary education for the program year—the amount specified in the regulations for that year. approved authority means a body determined under section 9 to be an approved authority. approved Catholic school system means a school system: (a) that is included in the list of approved school systems kept under section 48; and (b) for which the relevant authority is a Catholic education authority. approved government school community organisation means a body corporate determined under section 11 to be an approved government school community organisation. approved school system means a school system that is included in the list of approved school systems kept under section 48. authorised person has the meaning given by subsection 18(4). block grant authority means a body corporate that the Minister determines to be a block grant authority for the purposes of Division 3 of Part 6 in connection with non‑government schools or non‑government rural student hostels. body means any organisation or body, whether incorporated or not, or an individual. capital expenditure includes expenditure relating to any one or more of the following: (a) investigating the need for: (i) schools, government rural student hostels or non‑government rural student hostels in particular areas; or (ii) schools, government rural student hostels or non‑government rural student hostels of particular kinds in particular areas; or (iii) buildings, parts of buildings, other facilities or equipment; (b) purchasing land, with or without buildings or parts of buildings; (c) planning for the erection, alteration, extension, demolition or refurbishment of a building, part of a building or other facility; (d) developing or preparing land for building or other purposes; (e) erecting, altering, extending, demolishing or refurbishing a building, part of a building or other facility; (f) installing or upgrading water, electricity or any other services; (g) providing equipment, including information technology equipment; (h) providing furniture; (i) providing library materials or obtaining services and goods for cataloguing a library; (j) payment to a block grant authority for its administrative expenses. child with disabilities means either: (a) a child: (i) who has not reached school age; and (ii) in respect of whom a disability assessment has been made; or (b) a child: (i) who is of school age; and (ii) who does not attend a government school, a government centre, a non‑government school or a non‑government centre; and (iii) in respect of whom a disability assessment has been made. current SES funding level, for a school with a particular SES score, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 that relates to that SES score. disability assessment, for a child or a student, means an assessment, by a person with relevant qualifications, that the child or student has an intellectual impairment, a sensory impairment, a physical impairment, a social impairment, an emotional impairment or more than one of those impairments to a degree that satisfies the criteria for eligibility to access: (a) special education services; or (b) special education programs; provided by the Government of the State in which the child or student resides. Education Assistance Act means this Act, the former Act, the 1996 Act or the 1992 Act. education in English as a second language for eligible new arrivals means education that is provided for the purpose of teaching the English language to eligible new arrivals by means of intensive instruction. eligible humanitarian new arrival means a person: (a) who is an eligible new arrival; and (b) who holds a visa that is specified in a determination made by the Minister for the purposes of this paragraph. eligible new arrival means a person: (a) whose first language is not English; and (b) who satisfies criteria determined by the Minister for the purposes of this paragraph for being a person newly arrived in Australia; and (c) to whom one or more of the following subparagraphs applies: (i) the person is an Australian citizen; (ii) the person holds a permanent visa in force under the Migration Act 1958; (iii) the person is included in a permanent visa in force under that Act; (iv) the person is not an Australian citizen but has his or her permanent home in the Territory of Christmas Island or in the Territory of Cocos (Keeling) Islands; (v) the person satisfies criteria determined by the Minister for the purposes of this subparagraph. Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply in relation to a determination made under subparagraph (c)(v) of this definition. ESL course means a course designed to teach English as a second language. ESL new arrivals amount, for a program year, means the amount in Part 2 of Schedule 8 for the program year. ESL new arrivals humanitarian amount, for a program year, means the amount in Part 3 of Schedule 8 for the program year. former Act means the States Grants (Primary and Secondary Education Assistance) Act 2000. funding level has the meaning given by section 6. government centre means a place conducted by or on behalf of the Government of a State at which special education is provided. government educational institution has the meaning given by subsection 108(2). government rural student hostel means a hostel in a State whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at government schools in the State (whether or not it also provides accommodation for other students), but does not include a hostel that is conducted for profit. government school, in relation to a State, means a school in the State that is conducted by or on behalf of the Government of the State. guardian, in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory. level of education means a thing determined under section 7. list of approved school systems means the list of approved school systems kept under section 48. list of non‑government schools means the list of non‑government schools kept under section 47. location proposal has the meaning given by subsection 60(2). moderately accessible school campus: a school campus of a non‑government school is a moderately accessible school campus of a non‑government school in a State for a program year if the school campus, on either or both of the following days: (a) the school campus census day for the school campus in the previous program year; (b) the school campus census day for the school campus in the program year; was, or is, in a location that is categorised under the Remoteness Structure as Outer Regional Australia. new school proposal has the meaning given by subsection 60(4). nominated authority means a body nominated under section 10. non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State and: (a) includes an approved school system, a systemic school, a non‑systemic school, a non‑government centre and a non‑government rural student hostel; and (b) for the purposes of grants under section 99 or 100 for projects in connection with non‑government rural student hostels—includes a local government body; but does not include an approved government school community organisation. non‑government centre has the meaning given by subsection 119(3). non‑government rural student hostel means a hostel: (a) that is in a State; and (b) that is conducted by a non‑government body; and (c) whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at schools in the State (whether or not it also provides accommodation for other students); but does not include a government rural student hostel or a hostel that is conducted for profit. non‑government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit. non‑systemic school means a non‑government school that: (a) is not included in an approved school system; and (b) is in the list of non‑government schools as not being included in an approved school system. 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. 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. 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. 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. overseas student has the meaning given by subsection 67(2). program year means the 2005, 2006, 2007 or 2008 calendar year. public service employee means an APS employee. Note: APS employee is defined in the Acts Interpretation Act 1901. qualified accountant means a person who: (a) is registered, or is taken to be registered, as a company auditor under Part 9.2 of the Corporations Act 2001; or (b) is a member of CPA Australia or the Institute of Chartered Accountants in Australia; or (c) is approved by the Minister as a qualified accountant for the purposes of this Act. 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 (except in a reference to a State Minister) 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) 2001", published by the Australian Statistician in September 2001, that was effective 1 July 2001. remote school campus: a school campus of a non‑government school is a remote school campus of a non‑government school in a State for a program year if the school campus, on either or both of the following days: (a) the school campus census day for the school campus in the previous program year; (b) the school campus census day for the school campus in the program year; was, or is, in a location that is categorised under the Remoteness Structure as Remote Australia. 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 means: (a) for a school campus of a non‑government school for a program year—the schools census day for the school for that program year; or (b) for a school campus of a non‑government school for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that program year to be the school campus census day for the school campus for that program year—the day so declared. schools census day, for a State for a program year, means the day in that year (being a day as close as possible to 1 August in that year) that the State Minister notifies the Minister is the schools census day for the State for that year. schools census day means: (a) for a non‑systemic school, or an approved school system, in a State for a program year—the schools census day for the State for that program year; or (b) for a non‑systemic school, or an approved school system, for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that program year to be the schools census day for the school or system for that program year—the day so declared; or (c) for a non‑systemic school, or an approved school system, in a State for a program year if: (i) paragraphs (a) and (b) do not apply; and (ii) the State Minister and the Minister have agreed that a particular day in that program year is to be the schools census day for the school or system for that program year; the day so agreed. secondary education means junior secondary education or senior secondary education. section 30 agreement means an agreement made as mentioned in section 30. SES score has the meaning given by section 8. special assistance school means a non‑government school in a State that: (a) has been, 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 children with disabilities or students with disabilities, or both. special school means a school in a State that: (a) has been, 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 the State. student with disabilities means a student: (a) who attends a government school, a government centre, a non‑government school (whether or not as a distance education student) or a non‑government centre; and (b) in respect of whom a disability assessment has been made. systemic school means a non‑government school that: (a) is included in an approved school system; and (b) is in the list of non‑government schools as being included in an approved school system. the 1992 Act means the States Grants (Primary and Secondary Education Assistance) Act 1992. the 1996 Act means the States Grants (Primary and Secondary Education Assistance) Act 1996. very remote school campus: a school campus of a non‑government school is a very remote school campus of a non‑government school in a State for a program year if the school campus, on either or both of the following days: (a) the school campus census day for the school campus in the previous program year; (b) the school campus census day for the school campus in the program year; was, or is, in a location that is categorised under the Remoteness Structure as Very Remote Australia. year 2000 funding level, for a school, means the percentage of AGSRC in column 1 of the table in each of Parts 3 and 4 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year. year 2004 funding level, for a school, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year. year 2004 primary amount, for a school, means the amount in column 6 of the table in Part 1 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year. year 2004 secondary amount, for a school, means the amount in column 6 of the table in Part 2 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year. 5 Students receiving education at non‑government schools (1) For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non‑government school unless: (a) the student attends, on a daily basis, the school at a location specified in the list of non‑government schools in respect of the school; or (b) the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school. (2) For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non‑government school in a State if: (a) the student does not reside in the State; or (b) the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or (c) the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides. 6 Funding level For the purposes of this Act, funding level, for a school, means: (a) the school's current SES funding level if Subdivision C or F of Division 2 of Part 6 is used to work out the funding for the school's general recurrent expenditure; or (b) the school's year 2000 funding level if Subdivision D of Division 2 of Part 6 is used to work out the funding for the school's general recurrent expenditure; or (c) the school's year 2004 funding level if Subdivision E of Division 2 of Part 6 is used to work out the funding for the school's general recurrent expenditure; or (d) 70.0% of AGSRC if Subdivision G of Division 2 of Part 6 (which deals with special schools and special assistance schools) is used to work out the funding for the school's general recurrent expenditure. 7 Levels of education (1) For the purposes of this Act, the Minister may make a determination declaring what is a level of primary education or a level of secondary education for a State. The determination may relate to: (a) education provided at schools generally; or (b) education provided at schools included in a particular class of schools. (2) In making a determination under subsection (1), the Minister must have regard to the arrangements made for providing education at government schools in the State. This does not limit the matters to which the Minister may have regard. (3) The Minister must cause a copy of each determination under subsection (1) to be published in the Gazette as soon as practicable after the determination is made. (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, that applies to the school. 8 SES score (1) For the purposes of this Act, an SES score means a whole number determined by the Minister for a school in accordance with guidelines approved by the Minister. (2) Guidelines approved by the Minister for the purposes of subsection (1) are a legislative instrument. 9 Approved authority The Minister may determine that a body is the approved authority of: (a) an approved school system; or (b) a non‑systemic school; or (c) a non‑government school; or (d) a non‑government rural student hostel; or (e) another non‑government body; for the purposes of the provision of this Act in which the expression appears. 10 Nominated authority 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 particular provision or particular provisions of this Act. 11 Approved government school community organisation The Minister may determine that a body corporate that the Minister is satisfied: (a) is connected with a government school; and (b) represents the school's community; is the approved government school community organisation for the school for the purposes of this Act. Part 2—General provisions relating to grants Division 1—Simplified outline of Part 12 Simplified outline (1) This section is a simplified outline of this Part. Government schools (2) Financial assistance to a State for government schools (other than assistance referred to in subsection (5)) must not be paid unless there is an agreement between the Commonwealth and the State. (3) The agreement must set out the conditions of financial assistance required by Division 2. The agreement may also set out other conditions. (4) If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under this Act. Approved government school community organisations—section 69 (5) Financial assistance to a State under section 69 for an approved government school community organisation must not be paid unless there is an agreement between the Commonwealth and the organisation. (6) The agreement must set out the conditions of financial assistance required by Division 3. The agreement may also set out other conditions. (7) If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under section 69. Non‑government schools (8) Financial assistance to a State for a non‑government school or system must not be paid unless there is an agreement between the Commonwealth and the relevant authority of the school or system that sets out the requirements mentioned in Division 4. The agreement may also set out other requirements. (9) If there is a breach of a requirement, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments for the non‑government school under this Act. (10) The grant to a State of financial assistance for a non‑government school for a program year is subject to conditions. Division 2—Grants for government schools 13 Division does not apply in relation to financial assistance under section 69 for approved government school community organisations Nothing in this Division applies in relation to financial assistance paid or payable to a State under section 69 for an approved government school community organisation. Note: This kind of financial assistance is covered by agreements to which Division 3 applies. 14 Agreement on conditions of financial assistance (1) The Minister must not authorise a payment to a State under a provision of this Act for government schools for a program year unless the State has made an agreement with the Commonwealth that sets out: (a) a commitment by the State to the National Goals for Schooling prepared by the Ministerial Council on Education, Employment, Training and Youth Affairs; and (b) a commitment by the State to achieve the performance targets, and report against the performance measures, specified in the regulations; and (c) a commitment by the State to the publication, within one year after the end of each program year, of a national report on the outcomes of schooling; and (d) a commitment by the State to ensure that school performance information is made publicly available; and (e) a commitment by the State to report to the Minister about student attendance at each government school in the State, in a manner that is meaningful and allows ready comparisons to be made between different States; and (f) a commitment by the State to the development, before 1 January 2006, of Statements of Learning that describe the key knowledge, understandings, skills and capacities in English, mathematics, science, civics and citizenship education, and information and communications technology, that each child should have the opportunity to acquire at school; and (g) a commitment by the State to implement those Statements of Learning, either: (i) as part of the State's next curriculum review if that review starts after 1 January 2006 and ends before 1 January 2008; or (ii) before 1 January 2008 if the State does not undertake such a curriculum review; and (h) a commitment by the State to put into place common testing standards in English, mathematics, science, civics and citizenship education, and information and communications technology; and (i) a commitment by the State to put into effect, before 1 January 2006, the National Safe Schools Framework endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs; and (j) a commitment by the State to provide, in the curriculum of each government school in the State, at least 2 hours of physical activity each school week for students undertaking primary education and junior secondary education at the school; and (k) a commitment by the State to give the principal, and the governing body, of each government school in the State strengthened autonomy over, and responsibility for, education programs, staffing, budget and other aspects of the school's operations within a supportive framework of broad systemic policies; and (l) without limiting paragraph (k), a commitment by the State that appointments of staff in each government school in the State will be made with the approval of the principal, or the governing body, of the school; and (m) a commitment by the State to implement, before 1 January 2006, a consistent national system for the timely transmission between schools of student information relating to students moving interstate; and (n) a commitment by the State to ensure that the parents, guardians or other persons who have care and control of each child attending a government school in the State are given a report on the child's achievement against the appropriate national benchmarks for years 3, 5 and 7; and (o) a commitment by the State to the achievement, before 1 January 2010, of: (i) national consistency in the age at which a child starts the educational level undertaken in the year starting one year before the child starts year 1; and (ii) a nationally consistent description for the educational level a child undertakes in the year starting 2 years before the child starts year 1; and (iii) a nationally consistent description for the educational level a child undertakes in the year starting one year before the child starts year 1; and (p) the commitment mentioned in section 15; and (q) the conditions mentioned in section 16; and (r) the conditions mentioned in sections 18, 19, 20 and 21. (2) The agreement mentioned in subsection (1) may have been made before the commencement of this Act. 15 Further commitment—student reports For the purposes of paragraph 14(1)(p), the agreement must include a commitment by the State to ensure that each government school in the State gives the parents, guardians or other persons who have care and control of each child attending the school student reports, relating to the child, that: (a) use plain language and are able to be readily understood by the parents, guardians or other persons who have care and control of the child; and (b) are timely and given at least twice in any program year; and (c) give an accurate and objective assessment of the child's progress and achievement, including an assessment of the child's achievement: (i) against national standards, if such standards are available; and (ii) relative to the performance of the child's peer group at the school; and (d) are confidential and deal with the child's academic and non‑academic learning; and (e) are followed by an opportunity for the child and the parents, guardians or other persons who have care and control of the child to meet with the child's teachers to discuss all aspects of the report and for the school to give constructive advice about supporting the child's further progress at school; and (f) meet any other requirements specified in the regulations. 16 Further conditions of financial assistance (1) For the purposes of paragraph 14(1)(q), the agreement must include the following conditions: (a) a condition that the amount of the payment is to be spent for the purposes determined by the Minister and set out in the condition; (b) a condition that the State will provide to the Minister reports about the expenditure of the financial assistance that contain information of a kind that the Minister thinks appropriate relating to that assistance to the State; (c) a condition that the State will provide the reports mentioned in paragraph (b) to the Minister at the times, and in the manner, that the Minister thinks appropriate. Note: The purposes that may be set out in the condition and determined by the Minister are those in Parts 5 to 10. (2) The agreement with the State may also include other conditions that the Minister thinks appropriate in relation to financial assistance to the State. 17 General conditions of financial assistance The grant to a State under this Act of financial assistance for government schools for a program year is subject to the conditions set out in the agreement made between the State and the Commonwealth as mentioned in section 14 in respect of the financial assistance. 18 Specific condition—financial accountability (1) One condition is that the State will: (a) give the Secretary of the Department a certificate by the State Minister (or by an authorised person) stating whether the amount or the sum of the amounts of financial assistance paid to the State under a provision of this Act for the program year has been spent (or committed to be spent) for that program year for the purpose for which the assistance was granted; and (b) give the certificate to the Secretary of the Department on or before 30 June next following the program year concerned or such other date as the Minister determines. (2) A further condition is that, if not all the amount or amounts of the assistance were spent (or committed to be spent) by the State for the program year concerned for the purpose for which the assistance was granted, the State will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister. (3) The amount stated in the determination must not be more than: (a) the unspent or uncommitted amount; or (b) the sum of the unspent or uncommitted amounts. (4) In this Act: authorised person, for a State, means: (a) the Auditor‑General of the State; or (b) another person acting with the authority of the State Minister of the State. 19 Specific condition—educational accountability (1) A further condition is that the State will do each of the following: (a) participate in preparing a national report on the outcomes of schooling for each program year; (b) give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, addressing the requirements for performance information specified in the regulations; (c) give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, in relation to the student attendance information specified in the regulations; (d) give the Minister (for inclusion in the report mentioned in paragraph (a)) any other report or reports, of a kind or kinds required by the Minister. (2) A condition referred to in paragraph (1)(a), (b), (c) or (d) must be satisfied not later than: (a) if the Minister determines a date or dates for the purposes of that paragraph—that date or dates; or (b) in any other case—a date or dates that will allow publication of the report mentioned in paragraph (1)(a) to happen within one year after the end of each program year. (3) A further condition is that the State will do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph: (a) give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to financial assistance provided to the State under this Act; (b) participate in evaluating the outcomes of programs of financial assistance provided under this Act; (c) give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to the State's expenditure on the professional learning of teachers in government schools in the State; (d) ensure that each government school in the State gives the parents, guardians or other persons who have care and control of each child who: (i) attends the school; and (ii) undertakes at the school a standard assessment in reading, writing, spelling and numeracy at year 3, 5 or 7; a report of the results of that assessment against the appropriate national benchmarks, specified in the regulations, for years 3, 5 and 7; (e) ensure that the school performance information specified in the regulations is made publicly available and, if the regulations specify the manner in which the information is to be made publicly available, ensure that the information is made publicly available in that manner; (f) if the Minister considers that the State has not achieved the performance targets specified in the regulations and the Minister has directed the State to take the action specified in the direction—give the Minister a report on the action taken in response to the direction. (4) A further condition is that the State will implement, before 1 January 2008, in accordance with the regulations, the common testing standards, including common national tests, specified in the regulations, in English, mathematics, science, civics and citizenship education, and information and communications technology. 20 Specific condition—non‑fulfilment of conditions (1) A further condition is that if the State does not fulfil a condition mentioned in section 16, within the period stated in the agreement or does not fulfil a condition mentioned in section 18 or 19 by the date specified in the section or the date determined by the Minister for the purposes of the section: (a) the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and (b) if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts totalling not more than the amount stated in the determination under paragraph (a); and (c) the Minister may delay the making of any further payment to the State under this Act for government schools until the State fulfils this condition. Note: A determination mentioned in paragraph (1)(b) is made under section 41. (2) The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under the provision for the program year concerned. 21 Specific condition—overpayment of financial assistance A further condition is that if the amount of financial assistance paid to the State under a provision of this Act for government schools exceeds the amount that was properly payable: (a) the State will, if the Minister so determines, pay to the Commonwealth the amount (not more than the excess) stated in the determination; and (b) if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts not more than the amount stated in the determination under paragraph (a). Note: A determination mentioned in paragraph (b) is made under section 41. Division 3—Grants for approved government school community organisations Subdivision A—Conditions of grants for approved government school community organisations 22 Agreement on conditions of financial assistance (1) The Minister must not authorise a payment to a State under section 69 for an approved government school community organisation for a program year unless the organisation has made an agreement with the Commonwealth that sets out: (a) the conditions mentioned in section 23; and (b) the conditions mentioned in sections 24, 25, 26 and 27. (2) The agreement mentioned in subsection (1) may have been made before the commencement of this Act. (3) The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the conditions set out in the agreement made between the organisation and the Commonwealth as mentioned in subsection (1) in respect of the financial assistance. Note: The grant is also subject to the conditions set out in Subdivision B. 23 General conditions of financial assistance (1) For the purposes of paragraph 22(1)(a), the agreement must include the following conditions: (a) a condition that the amounts received by the approved government school community organisation from the State, as a result of the payment to the State for the organisation, are to be spent for the purposes determined by the Minister and set out in the condition; (b) a condition that the organisation will provide to the Minister reports about the expenditure of the amounts that contain information of a kind that the Minister thinks appropriate relating to that assistance for the organisation; (c) a condition that the organisation will provide the reports mentioned in paragraph (b) to the Minister at the times, and in the manner, that the Minister thinks appropriate. (2) The agreement may also include other conditions that the Minister thinks appropriate in relation to the organisation. 24 Specific condition—financial accountability (1) One condition is that the approved government school community organisation will: (a) 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 paragraph 23(1)(a) has been spent (or committed to be spent) for the program year for the purposes mentioned in that paragraph; and (b) give the Secretary of the Department the certificate on or before 30 June next following the program year concerned or such other date as the Minister determines. (2) A further condition is that, if not all the amounts mentioned in paragraph 23(1)(a) were spent (or committed to be spent) by the organisation for the program year concerned for the purpose for which the assistance was granted, the organisation will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister. (3) The amount stated in the determination must not be more than: (a) the unspent or uncommitted amount; or (b) the sum of the unspent or uncommitted amounts. 25 Specific condition—other accountability requirements A further condition is that the approved government school community organisation will do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph: (a) give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to financial assistance provided for the organisation under section 69; (b) participate in evaluating the outcomes of programs of financial assistance provided under this Act. 26 Specific condition—non‑fulfilment of conditions (1) A further condition is that if the approved government school community organisation does not fulfil a condition mentioned in section 23, 24 or 25 by the time required by or under the condition: (a) the organisation will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination; and (b) the Minister may delay the making of any further payment to the State under section 69 for the organisation until the organisation fulfils this condition. (2) The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts mentioned in paragraph 23(1)(a). 27 Specific condition—overpayment of financial assistance A further condition is that, if the sum of the amounts mentioned in paragraph 23(1)(a) exceeds the total amount that was properly authorised to be paid to the State for the approved government school community organisation: (a) the organisation will, if the Minister so determines, pay to the Commonwealth an amount equal to the excess; and (b) if the organisation does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the organisation under section 69 by an amount or amounts not more than the excess. Note: A determination mentioned in paragraph (b) is made under section 43. Subdivision B—Conditions of grants to States for approved government school community organisations 28 General conditions of grant to State of financial assistance The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the following conditions: (a) a condition that the State will: (i) as soon as practicable, pay to the organisation each amount paid to the State for the organisation under section 69; and (ii) when making such a payment, describe the amount paid to the organisation as a payment made out of money paid to the State by the Commonwealth under section 69; (b) the condition in section 29. 29 Specific condition—non‑fulfilment of conditions (1) The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the condition that, if the State does not fulfil the condition mentioned in paragraph 28(a) in relation to the grant at the time stated in that paragraph or within such further period as the Minister allows: (a) the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and (b) the Minister may delay making any future payment to the State under this Act for government schools if the State fails to comply with the condition mentioned in paragraph 28(a) because it delays paying an amount to the organisation. (2) The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under section 69 for the organisation for the program year concerned. Division 4—Grants for non‑government bodies Subdivision A—Requirements for relevant authorities etc. 30 Minister not to authorise payment to a State for a non‑government body in certain circumstances (1) The Minister must not authorise a payment to a State under this Act for a non‑government body unless the relevant authority of the non‑government body has made an agreement with the Commonwealth that: (a) complies with all the requirements of section 31, if the agreement is with the relevant authority for a non‑government school or for an approved school system; or (b) in any other case—includes the matters required by sections 34, 35, 37 and 38. Note 1: Paragraph (a) requires compliance with section 31, which (in addition to the requirements set out in that section) requires compliance with sections 32 and 34 to 38, and paragraphs 56(2)(d), 58(4)(b) and 59(4)(e). Note 2: An agreement may also include other provisions (see section 33). (2) The agreement mentioned in subsection (1) may have been made before the commencement of this Act. (3) The Minister may refuse to authorise a payment to a State under this Act for a non‑government school, or for a non‑government school for a particular level of education, during any period when the State Minister does not recognise: (a) the school; or (b) the school for that level of education. (4) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body if the relevant authority of the non‑government body is a body corporate: (a) that is being wound up; or (b) in respect of whose property a receiver has been appointed; or (c) whose affairs are under the control of a manager. (5) The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non‑government body if: (a) the relevant authority of the non‑government body is not a body corporate; and (b) the Minister considers that: (i) the liabilities of the relevant authority are substantially greater than its assets; or (ii) the relevant 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. 31 Provisions that must be included in agreements A section 30 agreement with the relevant authority for a non‑government school, or approved school system, must include the following: (a) a commitment by the relevant authority to the National Goals for Schooling prepared by the Ministerial Council on Education, Employment, Training and Youth Affairs; (b) a commitment by the relevant authority to achieve the performance targets, and report against the performance measures, specified in the regulations; (c) a commitment by the relevant authority to the publication, within one year after the end of each program year, of a national report on the outcomes of schooling; (d) a commitment by the relevant authority to ensure that school performance information is made publicly available; (e) a commitment by the relevant authority to report to the Minister about student attendance at the school, or each school in the approved school system, in a manner that is meaningful and allows ready comparisons to be made between different States; (f) a commitment by the relevant authority to the development, before 1 January 2006, of Statements of Learning that describe the key knowledge, understandings, skills and capacities in English, mathematics, science, civics and citizenship education, and information and communications technology, that each child should have the opportunity to acquire at school; (g) a commitment by the relevant authority to implement those Statements of Learning, either: (i) as part of the relevant authority's next curriculum review if that review starts after 1 January 2006 and ends before 1 January 2008; or (ii) before 1 January 2008 if the relevant authority does not undertake such a curriculum review; (h) a commitment by the relevant authority to put into place common testing standards in English, mathematics, science, civics and citizenship education, and information and communications technology; (i) a commitment by the relevant authority to put into effect, before 1 January 2006, the National Safe Schools Framework endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs; (j) a commitment by the relevant authority to provide, in the curriculum of the school, or each school in the approved school system, at least 2 hours of physical activity each school week for students undertaking primary education and junior secondary education at the school or those schools; (k) a commitment by the relevant authority to give the principal, and the governing body, of the school, or each school in the approved school system, strengthened autonomy over, and responsibility for, education programs, staffing, budget and other aspects of the school's, or each of those schools', operations within a supportive framework of broad systemic policies; (l) without limiting paragraph (k), a commitment by the relevant authority that: (i) appointments of staff in the school or each school in the approved school system will be made with the approval of the principal, or the governing body, of the school or each of those schools; and (ii) in the case of a Catholic school, such appointments will take account of the relationship of the school with the bishop, parish priests and the leadership of religious institutions; (m) a commitment by the relevant authority to implement, before 1 January 2006, a consistent national system for the timely transmission between schools of student information relating to students moving interstate; (n) a commitment by the relevant authority to ensure that the parents, guardians or other persons who have care and control of each child attending the school, or a school in the approved school system, are given a report on the child's achievement against the appropriate national benchmarks for years 3, 5 and 7; (o) a commitment by the relevant authority to the achievement, before 1 January 2010, of: (i) national consistency in the age at which a child starts the educational level undertaken in the year starting one year before the child starts year 1; and (ii) a nationally consistent description for the educational level a child undertakes in the year starting 2 years before the child starts year 1; and (iii) a nationally consistent description for the educational level a child undertakes in the year starting one