Part 13Financial provisions

Part 13—Financial provisions Division 1—Materials and services charges for schools 129—Materials and services charges for schools (1) A school may impose materials and services charges in respect of each student enrolled in the school for the whole or part of a calendar year. (1a) A materials and services charge may consist of 1 or both of the following: (a) an amount that must be paid and is recoverable under this section (the compulsory component); (b) an amount consisting of a voluntary contribution towards materials and services to be provided to or for the student (the voluntary component). (2) The following provisions apply in relation to materials and services charges imposed, or proposed to be imposed, by a school under this section: (a) a materials and services charge must relate to a course of instruction in primary or secondary education provided at the school in accordance with the curriculum determined by the Chief Executive for the purposes of this Act; (b) the school must not impose a materials and services charge to recover the salaries or material costs of teachers, or the provision of school buildings or fittings; (c) the school must not impose a materials and services charge where the compulsory component exceeds the prescribed amount unless— (i) all persons who, in the opinion of the governing council, would be liable for the materials and services charge have been given an opportunity to participate in a poll on the matter conducted in accordance with the regulations; and (ii) a majority of the votes cast in the poll indicate support for the proposed materials and services charge; and (iii) the Chief Executive has approved the proposed materials and services charge; (d) the school may impose different materials and services charges according to the year level of a student, the course of instruction for which a student is enrolled or any other factor; (e) materials and services charges may be imposed from time to time throughout the calendar year; (f) the principal of the school must, in accordance with any requirement set out in the regulations, disclose to the governing council of the school the bases on which materials and services charges are proposed to be fixed; (g) the amount of any proposed materials and services charge must be approved by the governing council of the school before it can be imposed; (h) a student, and each person who is responsible for the student, must be given written notice of a materials and services charge payable in respect of the student in accordance with the requirements set out in the regulations. (3) A student must not be refused materials or services considered necessary for curricular activities that form part of the core of activities in which students are required to participate by reason of non-payment of a materials and services charge. (4) Liability for the compulsory component of a materials and services charge is to be determined as follows: (a) in the case of a student who is not an adult—each person who is responsible for the student is jointly and severally liable for the charge; (b) in the case of an adult student— (i) if the student is a dependant of a person who is responsible for the student—the student and the person who is responsible for the student are jointly and severally liable for the charge; or (ii) in any other case—the student is liable for the charge. (5) Subject to the regulations, the compulsory component of a materials and services charge is recoverable as a debt due to the governing council of the school. (6) Subject to any directions of the Chief Executive, the principal of a school may wholly or partly waive, reduce or refund a materials and services charge, or allow a materials and services charge to be paid by instalments. (7) The Chief Executive must, at the request of a governing council of a school, make services available (without cost) to the governing council for the recovery of outstanding materials and services charges. person who is responsible for the student does not include a person standing in loco parentis to the student. Division 2—Other fees and charges 130—Charges for certain overseas and non-resident students etc (1) The Chief Executive may, by notice in the Gazette, fix charges payable by— (a) full fee paying overseas students; and (b) students enrolled in schools who are not resident in the State; and (c) children enrolled in schools who are dependants of a person who is the subject of a visa issued under the Migration Act 1958 of the Commonwealth of a kind prescribed by the regulations for the purposes of this subsection. (2) Different charges may be fixed according to the school in which the student is, or is to be, enrolled, the year level or age of the child or any other relevant factor. (3) Liability for charges fixed under this section is to be determined as follows: (a) in the case of a child—each person who is responsible for the child is jointly and severally liable for the charge; (b) in the case of an adult student— (i) if the student is a dependant of a person who is responsible for the student—the student and the person who is responsible for the student are jointly and severally liable for the charge; or (ii) in any other case—the student is liable for the charge. (4) The Chief Executive may wholly or partly waive, reduce or refund a charge under this section, allow a charge to be paid by instalments or require a person to give security for payment of a charge. (5) A charge fixed under this section is recoverable as a debt due to the Minister. (6) In this section— full fee paying overseas student—a student will be taken to be a full fee paying overseas student if— (a) the student holds a temporary visa in force under the Migration Act 1958 of the Commonwealth; and (b) the Commonwealth and the State disregard the student (or a class of students to which that student belongs) when calculating the amount of any assistance to the school in which the student is enrolled; student includes a prospective student. 131—Certain other charges etc unaffected Nothing in this Act prevents— (a) charges being made in connection with— (i) courses of instruction other than those provided in accordance with the curriculum determined by the Chief Executive for the purposes of this Act; or (ii) extra-curricular activities; or (b) charges being made in connection with courses of instruction or activities undertaken by adults other than as students enrolled in a course of secondary education; or (c) charges being made to the governing authority of a non-Government school in respect of students of the non-Government school undertaking courses of instruction provided by a Government school; or (d) the Chief Executive, or the principal or governing council of a Government school, inviting or receiving voluntary payments from persons responsible for students, students or others for the purposes of the school. Division 3—Recovery of amounts payable to the Commonwealth 132—Recovery of amounts payable to the Commonwealth (1) This section applies if a determination is made under section 110(1)(a) of the Australian Education Act 2013 of the Commonwealth that the State pay a specified amount to the Commonwealth as a result of— (a) non-compliance or a breach by a prescribed entity to which the State paid an amount of financial assistance in accordance with that Act; or (b) a payment referred to in section 109(1), (2), (3)(a) or (4) of that Act (being an amount paid to the State for payment to a prescribed entity in accordance with that Act). (2) The State is taken to have made an arrangement with a prescribed entity that the amount determined under section 110(1)(a) of the Australian Education Act 2013 of the Commonwealth— (a) is a debt due by the prescribed entity to the State; and (b) may be recovered by the State in a court of competent jurisdiction. (3) The State may assign to the Commonwealth the right to recover a debt mentioned in subsection (2). (4) In this section— prescribed entity means— (a) an approved authority; or (b) a block grant authority; or (c) a non-government representative body, all within the meaning of the Australian Education Act 2013 of the Commonwealth.