{"id":"F2024L01180","name":"Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024","slug":"australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105370,"registerId":"commonwealth-F2024L01180-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 5A, and subparagraphs 31(1)(d)(ii) and 36(7)(c)(ii) of the Australian Education Regulations 2023.","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Definition","content":"#### 4 Definition\n\n  In this instrument:\n\n> Regulations means the Australian Education Regulations 2023.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Guidelines","content":"#### 5 Guidelines\n\n  For the purposes of subsection 5A(1) of the Regulations, the guidelines mentioned in column 3 of the following table are prescribed for the purposes of the definitions in subsection 4(1) of the Regulations mentioned in column 2 of the table.\n\n| Column 1 | Column 2                                      | Column 3                                                                                                      |\n| -------- | --------------------------------------------- | ------------------------------------------------------------------------------------------------------------- |\n| Item     | Definition                                    | Guidelines                                                                                                    |\n| 1        | Capital Grants Program Guidelines             | Capital Grants Program Guidelines 2025                                                                        |\n| 2        | Choice and Affordability Fund Guidelines      | Choice and Affordability Fund Guidelines 2020-2029                                                            |\n| 3        | Ministerial Council disability guidelines     | Nationally Consistent Collection of Data on School Students with Disability Guidelines: Effective 2026 Onward |\n| 4        | Non‑Government Reform Support Fund Guidelines | Non-Government Reform Support Fund Guidelines 2023                                                            |\n\n> Note 1: In 2025, the Capital Grants Program Guidelines, Choice and Affordability Fund Guidelines and Non‑Government Reform Support Fund Guidelines could be found on the Department’s website at www.education.gov.au.\n\n> Note 2: In 2025, the Ministerial Council disability guidelines could be found on the website of the Nationally Consistent Collection of Data on School Students with Disability at www.nccd.edu.au.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Documents","content":"#### 6 Documents\n\n  For the purposes of subsection 5A(2) of the Regulations, the documents mentioned in column 3 of the following table are prescribed for the purposes of the definitions in subsection 4(1) of the Regulations mentioned in column 2 of the table.\n\n| Column 1 | Column 2                                                             | Column 3                                                             |\n| -------- | -------------------------------------------------------------------- | -------------------------------------------------------------------- |\n| Item     | Definition                                                           | Document                                                             |\n| 1        | Capacity to Contribute Data Validation and Quality Assurance Process | Capacity to Contribute Data Validation and Quality Assurance Process |\n| 2        | DMI methodology document                                             | Direct Measure of Income (DMI) Methodology                           |\n| 3        | NAPLAN Online Data Extract Dictionary                                | NAPLAN Online Data Extract Dictionary                                |\n\n> Note 1: In 2024, the Capacity to Contribute Data Validation and Quality Assurance Process and DMI methodology document could be found on the Department’s website at www.education.gov.au.\n\n> Note 2: In 2024, the NAPLAN Online Data Extract Dictionary could be found on the website of the Australian Curriculum, Assessment and Reporting Authority at www.acara.edu.au.","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Written arrangements with non-government representative bodies","content":"#### 7 Written arrangements with non-government representative bodies\n\n  Each of the written arrangements mentioned in column 3 of the following table between the Secretary and the non-government representative body mentioned in column 2 of the table are:\n    (a) for the purposes of subparagraph 31(1)(d)(ii) of the Regulations—an arrangement that the body must spend financial assistance in accordance with; and\n    (b) for the purposes of subparagraph 36(7)(c)(ii) of the Regulations—an arrangement that the body must give reports in accordance with.\n\n| Column 1 | Column 2                                                        | Column 3                                                                      |\n| -------- | --------------------------------------------------------------- | ----------------------------------------------------------------------------- |\n| Item     | Body                                                            | Written Arrangement                                                           |\n| 1        | Catholic Schools NSW Limited                                    | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 2        | Catholic Education Commission of Victoria Ltd                   | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 3        | Queensland Catholic Education Commission                        | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 4        | Catholic Education Western Australia Limited                    | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 5        | South Australian Commission for Catholic Schools                | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 6        | Catholic Education Centre (Tasmania)                            | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 7        | Catholic Archdiocese of Canberra and Goulburn Education Limited | Choice and Affordability Fund Agreement 2020 to 2029, revised 1 January 2025  |\n| 8        | Catholic Church Diocese of Darwin Education Property Trust      | Choice and Affordability Fund Agreement 2020 to 2029, revised 1 January 2025  |\n| 9        | Association of Independent Schools of NSW                       | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 10       | Independent Schools Victoria                                    | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 11       | Independent Schools Queensland                                  | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 12       | Association of Independent Schools of Western Australia         | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 13       | Association of Independent Schools of South Australia (AISSA)   | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 14       | Independent Schools Tasmania                                    | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 15       | Association of Independent Schools of the ACT                   | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n| 16       | Association of Independent Schools of the Northern Territory    | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |\n\n> Note 1: The written arrangements in column 3 of the above table can be found on the Department’s website at www.education.gov.au.","sortOrder":5}],"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 instrument performs exactly the function intended by its enabling provisions in the Australian Education Regulations 2023—prescribing specific guidelines, documents, and written arrangements. It has not expanded beyond this technical, machinery purpose."},"complexity_factors":["Only 1 defined term ('Regulations')","Straightforward tabular structure with no nested conditions or exceptions","No cross-references beyond citing the enabling provisions in the parent Regulations","Purely declarative content—prescribing specific named documents without conditional logic","Single-purpose instrument with no operative provisions creating rights or obligations directly"],"plain_english_summary":"This Determination names the specific guidelines, technical documents, and written agreements that the Australian Education Regulations 2023 refer to, so the law points to exact rulebooks for school funding, data collection (including students with disability), income measurement and testing specifications. It binds non‑government schools and their representative bodies, and the Department of Education, ensuring the Regulations operate with clear, operational standards for spending, reporting and funding calculations."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow the Regulations’ substantive powers. It exercises the Regulations’ existing prescription power (subsection 5A(1) and 5A(2) authority) to identify which named guidelines, documents and written arrangements will be taken as the relevant sources for definitions and spending/reporting obligations (see ss5–7)."},"complexity_factors":["Cross-references to multiple provisions of the Australian Education Regulations 2023 (s5A; subparagraphs 31(1)(d)(ii) and 36(7)(c)(ii)) increase legal linkage complexity.","Three distinct prescription types are listed: guidelines (s5), documents (s6) and written arrangements (s7), requiring different statutory effects and handling.","Numerous named items and agreements (multiple bodies and revised dates) create administrative complexity for locating, updating and applying the correct version.","Prescribed items point to external sources and websites (Notes to ss5–6 and s7), so access and version control depend on third‑party publishers.","Compliance obligations on listed non‑government bodies to spend assistance and report are formalised (s7), creating discrete accountability and record-keeping duties.","Effective-year variations (some guidelines/documents dated 2020–2029, some effective 2025 or 2026) require implementers to track temporal applicability."],"plain_english_summary":"This instrument names specific external guidelines, documents and written funding/reporting agreements that are to be treated as the prescribed sources under the Australian Education Regulations 2023. It fixes which published rules and papers govern several grant programs, data collections and NAPLAN extracts. It affects the Department, grant applicants and the listed non‑government representative bodies: those bodies must spend financial assistance and give reports in accordance with the prescribed written arrangements (see s7), while prescribed guidelines/documents set the operational rules (see ss5–6)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024","history":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024/history","analysis":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024/analysis","conflicts":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024/conflicts","importantCases":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024/important-cases","documents":"/api/acts/australian-education-regulations-prescription-of-guidelines-and-documents-determination-2024/documents"}}