Whole Act
175 provisions in continuous reading order
Loading the complete Act…
This Act may be cited as the Schools Assistance Act 2008.
This Act commences on 1 January 2009.
This section is a simplified outline of this Act.
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:
recurrent expenditure (see Part 4);
capital expenditure (see Part 5);
targeted expenditure (see Part 6).
Financial assistance may be paid for:
the 2009 to 2013 program years for recurrent expenditure and targeted expenditure; and
the 2009 to 2013 program years for capital expenditure.
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.
See Divisions 2 and 3 of Part 3.
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.
See section 27.
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.
See Division 4 of Part 3.
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:
the student has one or more of the following impairments:
an intellectual impairment;
a sensory impairment;
a physical impairment;
a social impairment;
an emotional impairment; and
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:
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
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 member of the Aboriginal race of Australia; or
a descendant of an Indigenous inhabitant of the Torres Strait Islands.
intensive ESL course has the meaning given by section 92.
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:
the school campus census day for the school campus in the previous calendar year;
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 non‑government school (whether the school is a systemic school or a non‑systemic school);
an approved school system.
non‑government school means a school in a State:
that is not conducted by or on behalf of the Government of a State; and
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.
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.
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.
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.
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 parent of the student; or
a guardian of the student; or
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:
the 2009, 2010, 2011, 2012 or 2013 calendar year; or
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:
the approved authority or nominated authority for the body; or
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:
the school campus census day for the school campus in the previous calendar year;
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:
is, or is likely to be, recognised by the State Minister as a special assistance school; and
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:
is, or is likely to be, recognised by the State Minister as a special school; and
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:
who attends a non‑government school (whether or not as a distance education student); and
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:
the school campus census day for the school campus in the previous calendar year;
the school campus census day for the school campus in the program year.
Primary and secondary education
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:
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
the Minister determines that the student is to be treated (because of special circumstances) as so attending the school (or campus).
Distance education
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:
the student resides in the State; and
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
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.
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. |
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.
A determination under subsection (1) may relate to:
education provided at schools generally; or
education provided at schools included in a particular class of schools.
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.
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.
In this Act:
schools census day, for a calendar year, for a non‑systemic school or approved school system, means:
for the 2008 calendar year—the schools census day for the school or system for that year under the former Act; or
for any other calendar year:
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
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.
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.
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.
In this Act:
school campus census day, for a calendar year, for a school campus of a non‑government school, means:
for the year 2008—the schools campus census day for the school campus for that year under the former Act; or
for any other calendar year:
the schools census day for the school for that year; or
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.
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.
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.
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.
This section is a simplified outline of this Part.
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.
The agreement must cover matters including the following:
national performance and transparency requirements (see Subdivision B of Division 3);
grant acquittal and reporting requirements (see Subdivision C of Division 3);
monitoring, evaluation and compliance requirements (see Subdivision D of Division 3).
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):
in the case of financial assistance for a school—the school must be an approved school;
the school or body must be financially viable;
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).
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.
See section 27.
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.
See Division 4.
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).
A funding agreement may have been made before the commencement of this Act.