An Act to provide supplementary financial assistance to advance the education of Indigenous persons, and for related purposes
Part 1—Preliminary
1 Short title [see Note 1]
This Act may be cited as the Indigenous Education (Supplementary Assistance) Act 1989.
2 Commencement [see Note 1]
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
In this Act, unless the contrary intention appears:
ABSTUDY approved course means a course that:
(a) is provided through a mixture of distance education and either or both of the following:
(i) residential education;
(ii) face‑to‑face education; and
(b) is provided at a VET institution or higher education institution; and
(c) is approved as a mixed mode away‑from‑base course under the ABSTUDY Scheme.
agreement means an Indigenous education agreement made under section 8.
education provider means a person, institution or body specified in section 9.
education sector means an education sector listed in column 1 of the per capita funding table.
funding year means the calendar year 1997 or any subsequent calendar year.
government educational institution means:
(a) a government preschool; or
(b) a government school; or
(c) a government VET institution.
government school means a school that is conducted by or on behalf of the government of a State or Territory.
government preschool means a preschool that is conducted by or on behalf of the government of a State or Territory.
government VET institution means a VET institution that is conducted by or on behalf of the government of a State or Territory.
higher education institution means an institution within the meaning of section 4 of the Higher Education Funding Act 1988.
Indigenous, in relation to a person, means:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait Islands.
NATSI preschool census week means the week during which the National Aboriginal and Torres Strait Islander preschool census is taken on behalf of the Commonwealth.
non‑government preschool means an institution in a State or Territory that:
(a) is licensed or registered as a preschool by the appropriate State or Territory licensing or registration authority; and
(b) is receiving or is eligible to receive funding from the State or Territory for preschool education; and
(c) is not conducted for profit.
non‑government school means a school in a State or Territory that:
(a) is not conducted by or on behalf of the government of the State or Territory; and
(b) is receiving or is eligible to receive funding under the States Grants (Primary and Secondary Education Assistance) Act 1992 or the successor Act; and
(c) is not conducted for profit.
non‑government VET institution means a VET institution in a State or Territory that is not conducted by or on behalf of the government of the State or Territory.
non‑remote, in relation to an institution, means an institution that is not remote.
non‑systemic school means a school that is included as a non‑systemic school in the list of non‑government schools kept under:
(a) if the successor Act has not commenced—section 17 of the States Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced—the provision of the successor Act that is equivalent in substance to that section.
per capita funding table means the table in section 10A.
permitted payment means a payment made:
(a) under an agreement; or
(b) for the purpose of monitoring or evaluating the effectiveness of:
(i) an agreement in advancing an object or objects of this Act; or
(ii) this Act in advancing its objects; or
(c) for the purpose of publicising this Act, its objects and how it achieves those objects;
but does not include a payment made under Division 3 of Part 2.
remote, in relation to an institution, means an institution that is:
(a) on an island (other than Tasmania, Stradbroke Island, Kangaroo Island, Rottnest Island or Phillip Island); or
(b) in a location from which one of the following is required in order to reach a city with a population of 50,000 or more:
(i) a journey by road of more than 300 kilometres;
(ii) a journey by air;
(iii) a journey by water; or
(c) in a community of Indigenous people that has developed as a result of decisions of those people to return to live on land with which they identify; or
(d) situated in a township or settlement that is culturally distinct because it is occupied by Indigenous people and managed by a council constituted by Indigenous people.
schools census day, in relation to a year, is the day that is schools census day in the year under:
(a) if the successor Act has not commenced—the States Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced—that Act.
successor Act means the Act:
(a) which applies to a period beginning immediately after the end of the period covered by the States Grants (Primary and Secondary Education Assistance) Act 1992; and
(b) whose purposes are similar to the purposes of that Act.
systemic school means a school that is included as a systemic school in the list of non‑government schools kept under:
(a) if the successor Act has not commenced—section 17 of the States Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced—the provision of the successor Act that is equivalent in substance to that section.
systemic school system means a school system that is included in the list of approved school systems kept under:
(a) if the successor Act has not commenced—section 19 of the States Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced—the provision of the successor Act that is equivalent in substance to that section.
Territory means the Australian Capital Territory or the Northern Territory.
VET institution means an institution in a State or Territory that:
(a) is registered as an institution providing vocational education and training by the appropriate State or Territory authority; and
(b) is receiving or is eligible to receive funding from the appropriate State or Territory authority; and
(c) provides courses that are accredited under State or Territory requirements for the accreditation of vocational education and training courses; and
(d) is not conducted for profit.
4 Object of Act—increasing involvement of Indigenous people in educational decisions
It is an object of this Act to increase the involvement of Indigenous people in the making of decisions concerning education by:
(a) the establishment of effective arrangements for the participation of Indigenous parents and other Indigenous people in decisions concerning the planning, delivery and evaluation of preschool, primary and secondary education for Indigenous children; and
(b) the establishment of effective arrangements for the participation of Indigenous students and other Indigenous people in decisions concerning the planning, delivery and evaluation of post school education to Indigenous people; and
(c) an increase in the number of Indigenous people who are employed or otherwise involved in education;
(i) as administrators, teachers, teaching assistants, researchers, student services officers, curriculum advisers and community liaison officers; and
(ii) as special teachers of the culture, history, contemporary society and languages of Indigenous people;
or otherwise; and
(d) the provision of education and training to develop the skills of Indigenous people that are relevant to their participation in the making of decisions concerning education; and
(e) the development of arrangements to secure independent advice from communities of Indigenous people concerning educational decisions to be taken at local, regional, State and Territory, and national levels.
5 Object of Act—equal access to education by Indigenous people
It is an object of this Act to ensure that Indigenous people enjoy equality with other Australians in their access to education and, in particular, to ensure:
(a) that Indigenous children who are below primary school age enjoy equality with other Australian children of that age in their access to preschool education; and
(b) that all Indigenous children have local access to compulsory primary and secondary schooling; and
(c) that Indigenous people have equitable access to other secondary and post secondary education.
6 Object of Act—equity of participation by Indigenous people in education
It is an object of this Act to ensure equity of participation by Indigenous people in education and, in particular, to ensure:
(a) the participation of Indigenous children in preschool education for a period similar to that during which other Australian children participate in that education; and
(b) that all Indigenous children participate in compulsory primary and secondary schooling; and
(c) that the rate of participation of Indigenous people in other secondary and post secondary education is equivalent to that of other Australians.
7 Object of Act—equitable and appropriate educational outcomes for Indigenous people
It is an object of this Act to achieve equitable and appropriate educational outcomes for Indigenous people by:
(a) arrangements for the adequate preparation of Indigenous children for primary and later schooling through preschool education; and
(b) arrangements enabling Indigenous children to attain, through compulsory primary and secondary education, commensurate skills and standards of skills as those attained by other Australian children; and
(c) arrangements enabling Indigenous secondary students to attain the same rate of successful completion of Year 12, or its equivalents, as that attained by other Australian secondary students; and
(d) arrangements enabling Indigenous students participating in post secondary education to attain the same graduation rates as those attained by other students so participating; and
(e) developing programs to support the maintenance and continued use of the languages of Indigenous people; and
(f) the provision of community education services to enable Indigenous people to manage the development of their communities; and
(g) arrangements for education that will enable Indigenous adults with limited or no educational experience to attain proficiency in numeracy, the English language and life skills; and
(h) education enabling Indigenous students to appreciate the history, culture and identity of Indigenous people; and
(j) education enabling all Australian students to understand and appreciate the traditional and contemporary culture of Indigenous people.
7A Object of Act—to develop culturally appropriate education services for Indigenous people
It is an object of this Act to encourage the development of education services that are culturally appropriate for Indigenous people by:
(a) the development of curricula that are suited to:
(i) the education of Indigenous students; and
(ii) the training of professional educators (including administrators, teachers, teaching assistants, researchers, student services officers, curriculum advisers and community liaison officers) who are involved in the education of Indigenous students; and
(b) the development of teaching methods and techniques that are suited to the learning styles of Indigenous students; and
(c) the promotion of research to devise innovative methods to deliver education services to Indigenous students; and
(d) the promotion of research to devise methods to eliminate barriers to educational attainment encountered by Indigenous students; and
(e) the conduct of pilot studies to test the effectiveness of the methods referred to in paragraphs (c) and (d).
Part 2—Indigenous education agreements
Division 1—General
8 Indigenous education agreements
The Minister may, on behalf of the Commonwealth, make an agreement, to be known as an Indigenous education agreement, providing for the payment of money to the other party to the agreement, or to another person or body, for the purpose of advancing an object of this Act.
9 Persons who may be parties to agreements
Without limiting the generality of section 8, an agreement may be made with:
(a) a State or Territory; or
(b) a university or other institution providing post secondary education; or
(c) a person or body conducting, or associated with, an educational system or educational institution; or
(d) a person qualified to carry out research, or give advice, about education.
9A Types of funding provided by agreements
(1) An agreement may provide for the payment of money in the form of any one or more of the following:
(a) funding for supplementary recurrent expenditure;
(b) funding for a particular project;
(c) funding for an ABSTUDY approved course.
(2) If the agreement provides for the payment of money for supplementary recurrent expenditure, the amount of the payment is worked out under Division 2.
(3) If the agreement provides for the payment of money for an ABSTUDY approved course, the amount of the payment is worked out under Division 3.
10 Conditions of payments under agreements
(1) A payment under an agreement is to be subject to specified conditions providing for:
(a) the acquittal of the amount paid; and
(b) where the payment is for a program of education—the monitoring and evaluation of, or reports on, the program.
(2) A payment may be subject to:
(a) a condition that a report on the result of the payment is given to the Minister; or
(b) a condition that:
(i) where the payment relates to a particular educational institution—information about the number of Indigenous people at the institution; or
(ii) information about the number of Indigenous people likely to benefit from the payment; or
(iii) other relevant information;
is given to the Minister; or
(c) where the payment is to a person controlling employment in an educational system or institution—a condition for the employment of Indigenous people within the system or institution on the same terms and conditions as equivalent staff who are not Indigenous people; or
(d) other specified conditions.
Division 2—Funding for supplementary recurrent expenditure
10A Amount of payment for supplementary recurrent expenditure
(1) The Minister may make an agreement authorising the payment to the other party to the agreement of an amount for supplementary recurrent expenditure for a funding year.
(2) The amount of the payment is worked out under sections 10B to 10F and the following table:
10B Funding of government educational institutions
(1) The Minister may authorise a payment for a funding year to an education provider if:
(a) the education provider is a State or Territory; and
(b) there are Indigenous students enrolled for the year at government educational institutions in the State or Territory.
(2) The amount of the payment that may be authorised under this section is the sum of the per capita amounts worked out under subsections (3) and (4) for the education sectors in which the State or Territory provides education.
(3) The per capita amount for an education sector (other than a preschool sector) is worked out using the formula:
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where:
IS means the number of Indigenous students in the education sector who are enrolled at government educational institutions in the State or Territory for the funding year.
per capita amount means the amount specified for the education sector in column 2 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the formula:
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where:
IS means the number of Indigenous students:
(a) enrolled at government preschools in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 2 of the per capita funding table for a remote preschool or a non‑remote preschool (as the case requires).
10C Funding of non‑government schools and preschools—systemic
(1) The Minister may authorise a payment for a funding year to an education provider in a State or Territory if:
(a) the education provider conducts a systemic school system; and
(b) there are Indigenous students enrolled for the year at one or more of the system’s systemic schools or at a non‑government preschool conducted by the education provider in the State or Territory.
(2) The amount of the payment that may be authorised under this section is the sum of the per capita amounts worked out under subsections (3) and (4) for the education sectors in which the education provider provides education in the State or Territory.
(3) The per capita amount for an education sector (other than a preschool sector) is worked out using the formula:
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where:
IS means the number of Indigenous students in the education sector who are enrolled at the system’s systemic schools in the State or Territory for the funding year.
per capita amount means the amount specified for the education sector in column 3 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the formula:
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where:
IS means the number of Indigenous students:
(a) enrolled at non‑government preschools conducted by the education provider in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of the per capita funding table for a remote preschool or a non‑remote preschool (as the case requires).
10D Funding of non‑government schools—non‑systemic
(1) The Minister may authorise a payment for a funding year to an education provider if:
(a) the education provider conducts a non‑systemic school; and
(b) there are Indigenous students enrolled for the year at the school; and
(c) the number of those students is 20 or more.
(2) The amount of the payment that may be authorised under this section is the sum of the per capita amounts worked out under subsection (3) for each education sector (other than the preschool sectors) in which the education provider provides education at the school.
(3) The per capita amount for an education sector is worked out using the formula:
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where:
IS means the number of Indigenous students in the education sector who are enrolled at the school for the funding year.
per capita amount means the amount specified for the education sector in column 3 of the per capita funding table.
10E Funding of non‑government preschools—non‑systemic
(1) The Minister may authorise a payment for a funding year to an education provider if:
(a) the education provider conducts a non‑government preschool (other than a preschool to which section 10C applies); and
(b) there are Indigenous students enrolled for the year at the preschool; and
(c) the number of those students is 5 or more.
(2) The amount of the payment that may be authorised under this section is worked out using the formula:
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where:
IS means the number of Indigenous students:
(a) enrolled at the preschool; and
(b) in respect of whom recurrent funds are made available by the government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of the per capita funding table for a remote preschool or a non‑remote preschool (as the case requires).
10F Funding of non‑government VET institutions
(1) The Minister may authorise a payment for a funding year to an education provider if:
(a) the education provider conducts a non‑government VET institution; and
(b) there are Indigenous students enrolled for the year at the institution; and
(c) the number of those students is 20 or more.
(2) The amount of the payment that may be authorised under this section is worked out using the formula:
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where:
IS means the number of Indigenous students enrolled at the institution for the funding year.
per capita amount means the amount specified in column 3 of the per capita funding table for a remote VET institution or a non‑remote VET institution (as the case requires).
10G Determination of preschool student numbers
(1) For the purposes of this Act, the number of students enrolled at a preschool for a funding year is the number of students (worked out under this section) enrolled at the preschool during the NATSI preschool census week in the year.
(2) The number of students enrolled at a preschool during a particular week is the sum of:
(a) the number of students enrolled at the preschool for 10 hours or more per week during that week; and
(b) the number of full‑time equivalent students enrolled at the preschool during that week.
(3) The number of full‑time equivalent students referred to in paragraph (2)(b) is worked out using the following formula:
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where:
part‑time student hours means the total number of hours for which part‑time students are enrolled during the relevant week.
(4) In this section:
part‑time student means a student who is enrolled at a preschool for less than 10 hours per week.
10H Determination of school student numbers
For the purposes of this Act, the number of students enrolled at a school for a funding year is the number of students (including full‑time equivalent students) enrolled at the school on schools census day in the year.
10J Determination of VET institution student numbers
(1) For the purposes of this Act, the number of students enrolled at a VET institution for a funding year is taken to be the same as the number of students (worked out under this section) enrolled at the institution in the year immediately before that year.
(2) The number of students enrolled at a VET institution in a particular year is worked out using the formula:
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where:
student contact hours means the total number of contact hours for which students are enrolled in the year at the VET institution in courses accredited under State or Territory requirements for the accreditation of vocational education and training courses.
(3) The total number of contact hours referred to in subsection (2) is worked out on the basis of the information in the national vocational education and training data collection for the year.
10K Student numbers and Indigenous student numbers determined by same method
The methods for determining student numbers set out in sections 10G to 10J apply to determining numbers of Indigenous students as well as to determining numbers of students in general.
Division 3—Funding for ABSTUDY approved courses
10L Amount of payment for ABSTUDY approved courses
(1) The Minister may make an agreement with an education provider authorising a payment to the provider of an amount for an ABSTUDY approved course (the 2000 ABSTUDY approved course):
(a) that is run by the provider in the 2000 calendar year; and
(b) for which Indigenous students are enrolled.
(2) The amount of the payment must not exceed the amount worked out using the formula:
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where:
number of Indigenous students means the number of Indigenous students enrolled for the 2000 ABSTUDY approved course.
unit cost means the unit cost for the 2000 ABSTUDY approved course (see subsections (3) and (4)).
(3) If funding was provided in the 1998 calendar year in respect of Indigenous students enrolled for that year in ABSTUDY approved courses run by the education provider, then the unit cost for the 2000 ABSTUDY approved course is worked out using the formula:
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where:
1998 funding means the amount of funding that was provided in the 1998 calendar year in respect of Indigenous students enrolled for that year in ABSTUDY approved courses run by the education provider.
1998 number of Indigenous students means the number of Indigenous students who were enrolled for the 1998 calendar year in ABSTUDY approved courses run by the education provider.
1999 IF means the indexation factor that applies for the 1999 calendar year.
2000 IF means the indexation factor that applies for the 2000 calendar year.
(4) If:
(a) subsection (3) does not apply; or
(b) the 2000 ABSTUDY approved course was not an ABSTUDY approved course in 1998;
then the unit cost for the 2000 ABSTUDY approved course is the median of the unit costs that are worked out under subsection (3).
10M Indexation of amounts
(1) The indexation factor for a calendar year (the current year) is worked out using the formula:
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where:
index number, for a quarter, means the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter.
previous June quarter means the June quarter before the recent June quarter.
recent June quarter means the June quarter in the year before the current year.
(2) The indexation factor worked out under subsection (1) must be rounded up or down to 3 places (rounding up in the case of exactly halfway between).
(3) If at any time (whether before or after the commencement of this section) the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of applying this section after the change, only index numbers published in terms of the new reference base are to be used.
Part 3—Funds for Assistance
11 Appropriations operate separately
Each provision of this Act that appropriates money out of the Consolidated Revenue Fund operates separately from the other provisions that so appropriate money.
12 Appropriations for payments made under Division 3 of Part 2
Payments made under Division 3 of Part 2 must be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
13B Appropriations for 1 January 1993 to 30 June 2001
(1) $76,914,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1993 and ends on 30 June 1994 for the purpose of making permitted payments during that period.
(2) $82,966,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1994 and ends on 30 June 1995 for the purpose of making permitted payments during that period.
(3) $83,861,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1995 and ends on 30 June 1996 for the purpose of making permitted payments during that period.
(4) $91,486,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1996 and ends on 30 June 1997 for the purpose of making permitted payments during that period.
(5) $102,376,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1997 and ends on 30 June 1998 for the purpose of making permitted payments during that period.
(6) $114,360,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1998 and ends on 30 June 1999 for the purpose of making permitted payments during that period.
(7) $124,249,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 1999 and ends on 30 June 2000 for the purpose of making permitted payments during that period.
(8) $127,991,000 is appropriated out of the Consolidated Revenue Fund in respect of the period that starts on 1 January 2000 and ends on 30 June 2001 for the purpose of making permitted payments during that period.
13C Cost supplementation
(1) The regulations may state, for a period referred to in subsection 13B(4), (5), (6), (7) or (8), a number worked out after considering changes in an Index determined in writing by the Minister for Finance to be an appropriate Index to be used for the variation, in accordance with this section, of the amount stated in that subsection.
(2) If a number (the stated number) is stated in regulations made for the purposes of subsection (1), for a period referred to in subsection 13B(4), (5), (6), (7) or (8), the amount set out in that subsection (the stated amount) is taken to be replaced by the amount worked out using the formula:
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(3) If an amount worked out under subsection (2) is not a multiple of $1,000, the amount is to be rounded to the nearest $1,000 (rounding $500 upwards).
Part 4—Report to Parliament
14 Report by Minister in 1992
(1) The Minister, as soon as practicable after 1 July 1992, is to cause to be laid before each House of the Parliament a report on the operation of this Act since its commencement.
(2) The report is to:
(a) identify the types of programs, projects and other matters in respect of which payments were made under agreements; and
(b) contain an assessment of the extent to which each type of program, project or other matter advanced the objects of this Act.
Part 5—Regulations
15 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.