{"id":"F2017L00030","name":"Australian Education (Financial Assistance for Non-participating States and Territories) Determination 2016","slug":"australian-education-financial-assistance-for-non-participating-states-and-territories-determination","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":95708,"registerId":"commonwealth-F2017L00030-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Education (Financial Assistance for Non-participating States and Territories) Determination 2016","content":"![Commonwealth Coat of Arms](image.001.png)\n\nAustralian Education (Financial Assistance for Non-participating States and Territories) Determination 2016\n\nAustralian Education Act 2013\n\nI, SIMON BIRMINGHAM, Minister for Education and Training, make the following determination under subsections 65(3) and 65(7) of the Australian Education Act 2013.\n\nDated 22 December 2016\n\nSIMON BIRMINGHAM\n\nMinister for Education and Training\n\n1 Name of determination\n\nThis determination is the Australian Education (Financial Assistance for Non-participating States and Territories) Determination 2016.\n\n2 Commencement\n\nThis determination commences on the day after it is registered.\n\n3 Definition\n\nIn this determination:\n\nthe Act means the Australian Education Act 2013.\n\n4 Indexation of total amount payable for previous year for non-participating States and Territories\n\nFor subsection 65(3) of the Act, in calculating the total amount of financial assistance that is payable to all non-participating States and Territories for 2015 for the non-participating schools located in those States and Territories under paragraph 65(2)(b) of the Act, the total amount payable for the previous year for non-participating States and Territories is indexed according to the following formula:\n\n![](image.002.png)\n\n5 Total amount\n\nFor subsection 65(3) of the Act, the total amount of financial assistance that is payable to all non-participating States and Territories for 2015 for the non-participating schools located in those States and Territories under Part 4 of the Act is $3,342,951,952.\n\n6 Manner in which total amount is divided\n\nFor subsection 65(7) of the Act, the total amount specified in section 5 of this determination is to be divided between the non‑participating States and Territories as follows:\n\n| Item | Non-participating State or Territory | Amount:        |\n| ---- | ------------------------------------ | -------------- |\n| 1    | Victoria                             | $1,303,297,220 |\n| 2    | Queensland                           | $1,204,971,607 |\n| 3    | Western Australia                    | $537,184,733   |\n| 4    | Tasmania                             | $158,140,840   |\n| 5    | Northern Territory                   | $139,357,552   |","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This determination performs exactly the narrow technical function it was designed for: setting indexed funding amounts for non-participating states for a specific year. There is no evidence of scope creep beyond the original purpose of subsection 65(3) and 65(7) of the Australian Education Act 2013."},"complexity_factors":["Only 1 defined term ('the Act') in the interpretation section","No nested exceptions or conditional logic—straightforward mathematical formula in section 4 and fixed dollar amounts in sections 5-6","Minimal cross-referencing—only references to specific subsections of the Australian Education Act 2013","Short length (6 sections total)","Simple tabular format for allocation of funds with no complex eligibility criteria"],"plain_english_summary":"This ministerial determination fixes how much Commonwealth funding the five non‑participating jurisdictions (Victoria, Queensland, Western Australia, Tasmania and the Northern Territory) receive for schools in 2015—about $3.34 billion in total. It sets the total pool, prescribes the formula for indexing last year’s amounts, and allocates that pool among the five jurisdictions (with Victoria the largest recipient)."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This determination does not change the statutory scope of financial assistance under the Act. It implements the Act’s calculation and allocation for the 2015 payment year by setting the indexation method for the prior year’s amount, specifying the total payable, and dividing that total among non‑participating States and Territories (preamble; sections 4–6). It does not alter eligibility criteria or create new categories."},"complexity_factors":["Instrument implements numerical calculations (indexation formula) rather than policy principles (section 4) — requires correct mathematical application.","Cross‑reference to substantive powers in the Australian Education Act 2013 (preamble: subsections 65(3) and 65(7)) creates legal dependency on the parent Act.","Large fixed monetary values and precise jurisdictional split require accuracy and administrative reconciliation (section 5 and section 6).","Ministerial determination mechanism concentrates decision authority in the Minister’s instrument‑making power (preamble; sections 4–6).","Commencement timing is immediate (day after registration), so administrative systems must apply figures promptly (section 2).","Limited operational detail — departmental processes must execute indexation and payments based on the formula and amounts provided (sections 4–6)."],"plain_english_summary":"Sets the 2015 Commonwealth payment total for non‑participating States and Territories, prescribes an indexation formula for the prior year’s amount, and allocates fixed dollar shares among five jurisdictions.  It affects state and territory governments and the non‑participating schools they host by determining who receives Commonwealth education funds and how much; it matters because it fixes the payment total, the calculation method, and the jurisdictional shares."}},"importantCases":[],"_links":{"self":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination","history":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination/history","analysis":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination/analysis","conflicts":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination/conflicts","importantCases":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination/important-cases","documents":"/api/acts/australian-education-financial-assistance-for-non-participating-states-and-territories-determination/documents"}}