128Independent reviews of arrangements and requirements relating to funding

#### 128 Independent reviews of arrangements and requirements relating to funding (1) Independent reviews of the operation of this Act, and in particular of arrangements and requirements relating to funding for schools, are to be conducted by a review board (the National School Resourcing Board): (a) on request by the Minister; or (b) on its own initiative. Review boards (2) A review board must consist of at least 6, but no more than 9, members who: (a) are appointed by the Minister; and (b) in the opinion of the Minister, have suitable experience and expertise in the matters to be addressed by the review. (3) In appointing members, the Minister must consult with the following: (a) the Ministerial Council; (b) the national representative body for Catholic systemic schools; (c) the national representative body for independent schools. (4) A review board must include members nominated by the bodies mentioned in paragraphs (3)(a) to (c). (5) The Minister must appoint one member to be the Chair of a review board, and another to be the Deputy Chair of the board. Reviews to be conducted periodically (6) The independent reviews must be conducted periodically. (6A) An independent review of the matter mentioned in paragraph (7)(a) must be conducted at least annually. (7) A review must address at least one of the following: (a) compliance by States and Territories with section 22A; (b) compliance by approved authorities with section 78; (c) the matters set out in written terms of reference given to the review board by the Minister. (7A) A review may also address the following: (a) whether the Commonwealth, a State, a Territory or an approved authority has: (i) not distributed funding on a needs basis; or (ii) funded a school below its share for a year; or (iii) funded a school above its share for a year; (b) measuring improved educational outcomes for students against the rate of school funding. (8) In developing the terms of reference for a review, the Minister must: (a) consider the matters (if any) prescribed by regulations for the purposes of this paragraph; and (b) consult the following: (i) the Ministerial Council; (ii) the national representative body for Catholic systemic schools; (iii) the national representative body for independent schools. Reports of reviews (9) The Chair of a review board must give to the Minister a report of a review as soon as practicable after the review is completed. A review board must use its best efforts to provide a consensus report. (10) The Minister must: (a) give a copy of the report to the following: (i) the Ministerial Council; (ii) the national representative body for Catholic systemic schools; (iii) the national representative body for independent schools; and (b) cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Ministerial Council. (11) The Minister: (a) may have regard to reports of reviews in deciding: (i) whether to take action in relation to a State or Territory or approved system authority under this Act; and (ii) what action to take; and (b) must consider the results of reviews and any impact of reviews on this Act. Minister may undertake other reviews and investigations (12) This section does not prevent the Minister from undertaking any other review or investigation in relation to the operation of this Act.