{"id":"F2017L01447","name":"Australian Education (Financial Assistance for Non-participating States and Territories) Determination 2017","slug":"f2017l01447","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":317625,"registerId":"commonwealth-F2017L01447-current","compilationNumber":null,"startDate":"2026-04-08","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of determination","content":"#### 1 Name of determination\n\n  This determination is the Australian Education (Financial Assistance for Non-participating States and Territories) Determination 2017.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This determination commences on the day after it is registered.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This determination is made under subsections 65(3) and 65(7) of the Australian Education Act 2013.","sortOrder":2},{"sectionNumber":"4. Definition","sectionType":"section","heading":"4. Definition","content":"#### 4. Definition\n\n  In this determination:\n  the Act means the Australian Education Act 2013.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Indexation of total amount payable for previous year for non-participating States and Territories","content":"#### 5 Indexation of total amount payable for previous year for non-participating States and Territories\n\n  For 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 2016 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  ![](image.002.png)015","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Total amount","content":"#### 6 Total amount\n\n  For subsection 65(3) of the Act, the total amount of financial assistance that is payable to all non-participating States and Territories for 2016 for the non-participating schools located in those States and Territories under Part 4 of the Act is $3,692,666,005.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Manner in which total amount is divided","content":"#### 7 Manner in which total amount is divided\n\n  For subsection 65(7) of the Act, the total amount specified in section 6 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                             | $1,409,033,538 |\n| 2    | Queensland                           | $1,371,422,999 |\n| 3    | Western Australia                    | $573,511,466   |\n| 4    | Tasmania                             | $170,292,186   |\n| 5    | Northern Territory                   | $168,405,816   |","sortOrder":6}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a narrow, single-year determination made under specific subsections of the Australian Education Act 2013. It performs exactly the function authorised by that Act: setting indexed amounts and dividing them between non-participating jurisdictions for 2016. There is no evidence of scope creep or expansion beyond the original statutory purpose."},"complexity_factors":["Only 1 defined term ('the Act')","No nested exceptions or conditional logic—just a straightforward formula reference, a fixed dollar amount, and a simple allocation table","Extremely short: 7 sections, approximately 250 words","Single purpose instrument with no cross-references to other legislation beyond the empowering provisions (subsections 65(3) and 65(7) of the Australian Education Act 2013)","The formula itself is referenced but not spelled out in the text (appears as an image placeholder), suggesting the mathematical complexity is externalised"],"plain_english_summary":"This instrument sets the 2016 federal school funding total of $3,692,666,005 for states and territories that did not sign the Gonski reforms, applying indexation to the old funding rules. It directs payments to Victoria, Queensland, Western Australia, Tasmania and the Northern Territory, keeping their funding under the pre‑Gonski arrangements rather than the new model."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument implements statutory mechanics: it specifies the 2016 total, the indexation method and the per‑State/Territory division. It does not amend or expand the categories of eligible recipients or change the Act's substantive eligibility criteria (see sections 5–7 and authority in section 3)."},"complexity_factors":["Numeric indexation formula requires a calculation step to convert previous‑year totals into the 2016 amount (section 5).","Large, precise fixed total specified ($3,692,666,005) requires exact accounting and reconciliation (section 6).","Per‑State/Territory allocation table sets discrete dollar amounts rather than percentage shares, so small arithmetic or rounding errors have direct distributional effects (section 7).","Legal effect depends on provisions of the Australian Education Act 2013 (subsections 65(3) and 65(7)), so eligibility and payment mechanisms are determined by that Act (section 3/authority).","Immediate commencement on registration creates prompt operational requirements for payment administration (section 2)."],"plain_english_summary":"This determination sets the Commonwealth payment for 2016 to non‑participating States and Territories under the Australian Education Act 2013. It specifies a total amount ($3,692,666,005), an indexation formula for prior‑year totals, and divides the total into fixed amounts for Victoria, Queensland, Western Australia, Tasmania and the Northern Territory.\n\nIt affects non‑participating schools and State/Territory education budgets by defining Commonwealth payment amounts and the mechanical method for adjusting and allocating those payments."}},"importantCases":[],"_links":{"self":"/api/acts/f2017l01447","history":"/api/acts/f2017l01447/history","analysis":"/api/acts/f2017l01447/analysis","conflicts":"/api/acts/f2017l01447/conflicts","importantCases":"/api/acts/f2017l01447/important-cases","documents":"/api/acts/f2017l01447/documents"}}