34 Grants for expenditure in connection with special education at non‑government schools etc.
(1) In this section prescribed authority means a person who or body that:
(a) provides prescribed special education; and
(b) has been approved by the Minister for the purposes of this section.
(2) Subject to section 35, the Minister may authorize the payment to a State under this section, by way of financial assistance to the State in respect of expenditure in connection with special education provided at or in connection with a non‑government school or non‑government centre in the State or prescribed special education provided in the State by a prescribed authority, of such amounts as the Minister determines.
(3) Financial assistance is granted to a State under this section in respect of expenditure in connection with special education provided at or in connection with a non‑government school or non‑government centre in the State on the conditions that:
(a) subject to paragraph (c), the State will, without undue delay, pay to the approved authority of the school or centre an amount equal to each amount paid to the State under this section in relation to the school or centre, and, in making the payment, will describe the amount paid to the approved authority as a payment made out of moneys provided to the State by the Commonwealth under this section;
(b) where the payment of an amount referred to in paragraph (a) is made to the approved authority of a school, the State will, in making the payment, specify the part (if any) of that amount that is paid in connection with integration activities conducted at the school;
(c) the State will not make a payment to the approved authority of the school or centre under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the approved authority has agreed with the Commonwealth to be bound by the following conditions:
(i) the approved authority will ensure that an amount equal to the sum of the amounts paid to the approved authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with special education provided at or in connection with the school or centre and, in particular, the approved authority, where it is an approved authority of a school, will ensure that an amount that is not less than the part (if any) of those amounts so paid to the approved authority that is specified as having been paid in connection with integration activities conducted at the school is so applied in connection with those integration activities;
(ii) if a payment is made in relation to a co‑educational school—the approved authority will ensure that the benefits of, and the opportunities created by, the application of an amount equal to that amount for the purposes of meeting expenditure of that school of the kind referred to in subparagraph (c)(i) are, as far as practicable, equally available to male students and female students at the school;
Section 34 - States Grants (Schools Assistance) Act 1983 - Grants for expenditure in connection with special education at non‑government schools etc. | Zoe
(iii) the approved authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):
(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and
(B) a statement, in writing, that contains such information in respect of special education provided at or in connection with the school or centre as is required by the Commonwealth Education Minister to be so furnished;
(iv) if the approved authority does not fulfil a condition specified in subparagraph (i), (ii) or (iii), the approved authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the approved authority under this section) as the Commonwealth Education Minister determines should be paid by the approved authority.
(4) Financial assistance is granted to a State under this section in respect of expenditure in connection with prescribed special education provided by a prescribed authority on the conditions that:
(a) subject to paragraph (c), the State will, without undue delay, pay to the prescribed authority an amount equal to each amount paid to the State under this section in relation to the prescribed authority, and, in making the payment, will describe the amount paid to the prescribed authority as a payment made out of moneys provided to the State by the Commonwealth under this section;
(b) where the payment of an amount referred to in paragraph (a) is made to a prescribed authority in relation to the provision of prescribed special education at a place of education approved by the Minister for the purposes of the definition of integration activities in subsection 3(1), the State will, in making the payment, specify the part (if any) of that amount that is paid in connection with integration activities conducted at that place;
(c) the State will not make a payment to a prescribed authority under this section unless the Commonwealth Education Minister furnishes a certificate to the State Education Minister for that State to the effect that the prescribed authority has agreed with the Commonwealth to be bound by the following conditions:
(i) the prescribed authority will ensure that an amount equal to the sum of the amounts paid to the prescribed authority under this section is applied for the purpose of meeting recurrent expenditure, in respect of the year 1984, in connection with prescribed special education provided by it and, in particular, the prescribed authority, where it provides prescribed special education at a place referred to in paragraph (b), will ensure that an amount that is not less than the part (if any) of those amounts so paid to the prescribed authority that is specified as having been paid in connection with integration activities conducted at that place is so applied in connection with those integration activities;
(ii) the prescribed authority will cause to be furnished to the Commonwealth Education Minister (not later than 30 June 1985 or such later date as the Commonwealth Education Minister approves):
(A) a certificate by a qualified accountant to the effect that he has satisfied himself that the condition specified in subparagraph (i) has been fulfilled; and
(B) a statement in writing that contains such information in respect of prescribed special education provided by the special educator as is required by the Commonwealth Education Minister to be so furnished; and
(iii) if the prescribed authority does not fulfil a condition specified in subparagraph (i) or (ii), the prescribed authority will, if the Commonwealth Education Minister so determines, pay to the Commonwealth such amount (not being an amount greater than the sum of the amounts paid to the prescribed authority under this section) as the Commonwealth Education Minister determines should be paid by the prescribed authority.
(5) Financial assistance is granted to a State under this section on the additional condition that the State will ensure that the total of all amounts specified by the State, for the purposes of paragraphs (3)(b) and (4)(b), in connection with integration activities conducted by the approved authorities of schools in the State or conducted by prescribed authorities at places referred to in paragraph (4)(b) in the State is not less than the amount specified in column 5 of Schedule 5 opposite to the name of the State.
(6) For the purposes of subsection (3), and of any agreement referred to in paragraph (3)(c), between the Commonwealth and the approved authority of a school in a State, an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at the school, being projects that are approved by the Minister for the purposes of this subsection, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.
(7) For the purposes of subsection (4), and of any agreement referred to in paragraph (4)(c), between the Commonwealth and a prescribed authority which conducts a place referred to in paragraph (4)(b), an amount applied by way of expenditure, in respect of commitments already undertaken or to be undertaken not later than 31 December 1984, in relation to minor building projects, or minor equipment projects, in connection with integration activities conducted at that place, being projects that are approved by the Minister for the purposes of this subsection, shall be deemed to be an amount applied for the purpose of meeting recurrent expenditure in connection with such integration activities.
(8) Without prejudice to the meaning of the expression in respect of the year 1984 in any other provision of this Act, an amount shall be taken, for the purposes of subsections (3) and (4), to have been applied for the purpose of meeting recurrent expenditure in respect of the year 1984 in connection with special education or to have been applied for the purpose of meeting recurrent expenditure in respect of the year 1984 in connection with prescribed special education if that amount has been applied for the purpose of meeting expenditure in respect of a program of special education, or a program of prescribed special education, as the case requires, that commenced in that year.