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Commonwealth legislation
The Regulations set detailed rules for how federal school funding is calculated, allocated and monitored—covering who counts as a student, spending conditions for approved authorities, reporting and audit requirements, compliance powers, and transition arrangements to new funding models.
They affect government and non‑government schools, approved authorities, jurisdictions, and students/parents, and matter because they govern billions in funding to promote fairness, accountability and transparency.
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Direct links to the current provisions in Australian Education Regulations 2023.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This instrument is the Australian Education Regulations 2023.
This instrument is made under the Australian Education Act 2013.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) approved authority;
(b) government school;
(c) non‑government school;
(d) school;
(e) student.
(1) In this instrument:
2011 SES score has the meaning given by subsection 24(1).
2013 regulations means the Australian Education Regulation 2013.
2016 SES score has the meaning given by subsection 24(4).
2023 transition period for a transition year means the number of years from the transition year to 2023 (not including the transition year).
Note: Example: If the transition year is 2020, the number of years from the transition year to 2023 is 3. If the transition year is 2023, the number of years from the transition year to 2023 is 0.
2029 transition period for a transition year means the number of years from the transition year to 2029 (not including the transition year).
Note: Example: If the transition year is 2024, the number of years from the transition year to 2029 is 5. If the transition year is 2029, the number of years from the transition year to 2029 is 0.
ACARA (short for Australian Curriculum, Assessment and Reporting Authority) means the authority established by section 5 of the Australian Curriculum, Assessment and Reporting Authority Act 2008.
Act means the Australian Education Act 2013.
attendance rate, for students at a school, means a percentage representing the total number of full‑time equivalent days the students attended the school to receive primary education or secondary education, divided by the number of full‑time equivalent days the students at the school could have received primary education or secondary education.
Note: Only certain students are taken into account for the purposes of this definition (see subsection (2)).
Australian Accounting Standards means the accounting standards issued or adopted by the Australian Accounting Standards Board, as existing from time to time.
Note: In 2023, the Australian Accounting Standards could be viewed on the Board’s website (http://www.aasb.gov.au).
Australian Auditing Standards means the auditing standards issued or adopted by the Auditing and Assurance Standards Board, as existing from time to time.
Note: In 2023, the Australian Auditing Standards could be viewed on the Board’s website (http://www.auasb.gov.au).
Australian Professional Standards for Teachers means the standards of that name issued by the Australian Institute for Teaching and School Leadership Limited and as existing from time to time.
Note: In 2023, the Australian Professional Standards for Teachers could be viewed on the Institute’s website (http://www.aitsl.edu.au).
Australian Statistical Geography Standard means the geographical framework of that name published by the Australian Bureau of Statistics, as existing from time to time.
Note: In 2023, the Australian Statistical Geography Standard could be viewed on the Australian Bureau of Statistics’ website (http://www.abs.gov.au).
authorised person means a person appointed as an authorised person under section 33.
average DMI score has the meaning given by subsection 22(1).
basis of a school’s CTC score for a year means whichever of the following is the basis of the number that is the CTC score for the school for the year:
(a) the average DMI score;
(b) the 2016 SES score;
(c) the 2011 SES score;
(d) the refined area based score;
(e) a determination made by the Minister other than in accordance with this instrument for the reason mentioned in subsection 52(4) of the Act.
Note: The basis of a school’s CTC score is the same in successive years if the number that is the school’s CTC score is determined on the same basis for each of those years. The number itself need not be the same each year. For example, the basis of a school’s CTC score for 2021 is the same as in 2020 if in both years the basis of the CTC score was a determination made by the Minister other than in accordance with this instrument for the reason mentioned in subsection 52(4) of the Act.
Capacity to Contribute Data Validation and Quality Assurance Process means the document titled Capacity to Contribute Data Validation and Quality Assurance Process published by the Department and prescribed by the Minister for the purposes of this instrument from time to time.
Capital Grants Program Guidelines means the Capital Grants Program Guidelines issued by the Department and prescribed by the Minister for the purposes of this instrument from time to time.
census day has the meaning given by subsection 5(1).
census day enrolment:
(a) for a government school—has the meaning given by subsection 9A(1); or
(b) for a non‑government school—has the meaning given by subsection 9B(1).
census reference period has the meaning given by subsection 5(6).
Choice and Affordability Fund Guidelines means the Choice and Affordability Fund Guidelines issued by the Department and prescribed by the Minister for the purposes of this instrument from time to time.
commit to spend, for an approved authority, block grant authority or non‑government representative body and in relation to financial assistance payable to the authority or body under the Act, includes the authority or body committing to spend financial assistance in circumstances where:
(a) either:
(i) the authority or body has entered into a legal arrangement under which the authority or body will be liable to pay an amount; or
(ii) an amount will become due or payable under a liability under a law of the Commonwealth, a State or a Territory that the authority or body is required to meet; and
(b) the time for paying the amount has not yet arisen; and
(c) the authority or body sets aside all, or part of, the financial assistance to pay the amount.
CTC‑adjusted SRS amount for the school for the year has the meaning given by section 19F.
Data Standards Manual: Student Background Characteristics means the Data Standards Manual: Student Background Characteristics issued by ACARA, as existing from time to time.
Note: In 2023, the Data Standards Manual: Student Background Characteristics could be viewed on ACARA’s website (http://www.acara.edu.au).
DMI methodology document means the Direct Measure of Income Methodology Document issued by the Department and prescribed by the Minister for the purposes of this instrument from time to time.
DMI score (short for direct measure of income score) has the meaning given by subsection 22(4).
first funding year for a school means the year for which the Minister first makes a determination under section 25 of the Act for the school.
foundation means the year of schooling (which must not be longer than 12 months) immediately before year 1.
ICT means Information and Communications Technology.
key individual: an individual is a key individual of an approved authority, a block grant authority or a non‑government representative body if the individual:
(a) is an officer, of the authority or body, within the meaning of section 9 of the Corporations Act 2001; or
(b) is responsible for executive decisions of the authority or body; or
(c) is concerned with, or takes part in, the management of the authority or body; or
(d) manages or supervises the provision of school education for the authority or body under an arrangement with the authority or body.
language conventions means spelling, grammar and punctuation.
Local Schools Community Fund Guidelines means the Local Schools Community Fund Guidelines issued by the Department, as existing from time to time.
Note: In 2023, the Local Schools Community Fund Guidelines could be viewed on the Department’s website (http://www.education.gov.au).
Ministerial Council disability guidelines means guidelines for the Nationally Consistent Collection of Data on School Students with Disability approved by the Ministerial Council and prescribed by the Minister for the purposes of this instrument from time to time.
NAP means the national assessment program.
NAPLAN Online Data Extract Dictionary means the NAPLAN Online Data Extract Dictionary issued by ACARA and prescribed by the Minister for the purposes of this instrument from time to time.
National Schools Statistics Collection means the national collection of information on schools undertaken in accordance with the NSSC Collection Manual.
Non‑Government Reform Support Fund Guidelines means the Non‑Government Reform Support Fund Guidelines issued by the Department and prescribed by the Minister for the purposes of this instrument from time to time.
notional funding amount for the school for the year has the meaning given by section 19G.
notional starting share has the meaning given by section 19E.
NSSC Collection Manual means the National Schools Statistics Collection‑Collection Manual:
(a) issued by the Australian Bureau of Statistics; and
(b) as existing from time to time.
PIRLS means the Progress in International Reading Literacy Study.
PISA means the Programme for International Student Assessment.
record includes an account or a document.
refined area based score has the meaning given by subsection 23(2).
reporting period has the meaning given by subsection 52(7).
selected student means a student selected in a sample.
SES dimension means each of the following dimensions:
(a) the education dimension;
(b) the family income dimension;
(c) the household income dimension;
(d) the occupation dimension.
statement of student addresses, for a school, means:
(a) a statement provided in relation to the school that contains the information in paragraph 58B(2)(b), so far as the statement relates to students who are not distance education students; or
(b) a statement provided in relation to the school in accordance with section 21 of the 2013 regulations (as in force before the commencement of the Australian Education Amendment (2020 Measures No. 1) Regulations 2020).
Statistical Area Level 1 means an area designated by the Australian Bureau of Statistics as a Statistical Area Level 1 as mentioned in the Australian Statistical Geography Standard.
student with disability means a student about whom specified information must be provided under the Ministerial Council disability guidelines.
TIMSS means the Trends in International Mathematics and Science Study.
ungraded primary or secondary student means a student at a special school who receives primary education or secondary education at a level of education that constitutes primary education or secondary education (as the case requires) for the school under section 15 of the Act.
(2) For the purposes of the definition of attendance rate in subsection (1), a student may be taken into account for a reporting period only if the student is: (a) a full‑time student who is: (i) in any of years 1 to 10; or (ii) an ungraded primary or secondary student; and (b) enrolled for any part of the reporting period.
(1) The census day for a non‑government school for a year is the day determined in writing by the Minister. Determining the census day (2) The Minister may determine, in writing, that a particular day in a year is the school’s census day for the year. (3) The Minister must not determine a day to be a school’s census day for a year less than 10 weeks before the day unless the Minister is satisfied that special circumstances justify determining that day. If the Minister is so satisfied, the Minister may determine any day, including a past day. Notifying census day (4) The Minister must: (a) notify the approved authority for a school of the school’s census day for a year; and (b) do so in a way that makes it reasonably likely the approved authority will become aware of the census day.
Note: Example: A census day could be published on a website that the approved authority is likely to access regularly.
(5) The notification must be given at least 10 weeks before the census day. If the Minister determines a day under subsection (3) because of special circumstances, the notification must be given as soon as practicable. Meaning of census reference period (6) The census reference period for a non‑government school for a year is the period of 20 school days for the school that ends at the end of the census day for the school for the year.
Note: A public holiday is not a school day.
(1) For the purposes of a definition in subsection 4(1), the Minister may, by legislative instrument, determine that guidelines are prescribed for the purposes of this instrument.
Note: See the definitions of Capital Grants Program Guidelines, Choice and Affordability Fund Guidelines, Ministerial Council disability guidelines and Non‑Government Reform Support Fund Guidelines in subsection 4(1).
(2) For the purposes of a definition in subsection 4(1), the Minister may, by legislative instrument, determine that a document is prescribed for the purposes of this instrument.
Note: See the definitions of DMI methodology document, NAPLAN Online Data Extract Dictionary and Capacity to Contribute Data Validation and Quality Assurance Process in subsection 4(1).
For the purposes of paragraph (b) of the definition of overseas student in section 6 of the Act, the following persons are excluded from being an overseas student: (a) a dependant of a person who is receiving a sponsorship or a scholarship for the purpose of undertaking a course provided by an institution in Australia that: (i) is a Table A provider or a Table B provider (within the meaning of the Higher Education Support Act 2003); and (ii) is meeting the full cost of the education component of the course; (b) a person who is undertaking a course of study provided by an institution or body in Australia under a Student Exchange Program registered by the relevant education authority in the State or Territory where the person is undertaking the Program; (c) a person, or a dependant of a person, who is receiving a sponsorship or a scholarship from the Commonwealth for the purpose of undertaking a course provided by an institution or other body or person in Australia.
For the purposes of subsection 11A(5) of the Act, the SRS indexation factor for 2019 and 2020 is 1.0356.
(1) For the purposes of section 15 of the Act, the levels of education that constitute primary education for a school, other than a special school, are foundation to year 6. (2) For the purposes of section 15 of the Act, the levels of education that constitute secondary education for a school, other than a special school, are years 7 to 12.
(1) For the purposes of section 15 of the Act, the level of education that constitutes primary education for a special school is the education provided to students aged 4 to 11 at the school. (2) For the purposes of section 15 of the Act, the level of education that constitutes secondary education for a special school is the education provided to students
This is an opening excerpt, not the complete document.