(1) In this Act, unless the contrary intention appears:
Aborigine includes a person of the race to which Torres Strait Islanders belong.
Aboriginal community school means a school:
(a) that, in the opinion of the Minister, originates from within, and is supported by, a local Aboriginal community having regard to its organisation, management and curriculum; and
(b) at which at least 50% of the students are Aborigines.
additional expenditure means:
(a) in relation to complying with an approved award or agreement in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the award or agreement had not been made; or
(b) in relation to complying with terms or conditions referred to in subsection 40F(3) in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the terms and conditions had not been restructured as mentioned in that subsection;
and, in either case, if the expenditure of an approved authority of an approved school system or of a non‑systemic school in that year on the salary of a principal or a deputy principal of a school is greater than the amount that would have been spent if the award or agreement had not been made, or the terms and conditions had not been restructured, as the case may be—includes that greater expenditure, even if the principal or deputy principal is not covered by the approved award or agreement, or is not subject to the terms and conditions.
approved authority, in relation to a provision of this Act in relation to an approved school system, a non‑government school, a non‑government body administering a program in connection with a government school, a non‑systemic school, a non‑government centre or a rural non‑government student hostel, means the person or body that the Minister, by determination in writing, declares to be the approved authority of that school system, of that school, of that non‑government body, of that centre or of that hostel, as the case may be, for the purposes of that provision.
approved award or agreement means an award approved under section 40E, an agreement approved under that section, part of an award approved under that section or part of an agreement approved under that section.
approved education centre, in relation to a program year, means a body corporate, or an unincorporated body that the Minister is satisfied will, during that year, become a body corporate:
(a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at schools;
(b) the principal object of which is to improve the professional competence of teachers by methods that include the provision of in‑service teacher training;
(c) that is not conducted for profit;
(d) the membership of which is not restricted to teachers or to teachers of a particular kind;
(e) that provides opportunities for parents of students at schools, and other persons interested in education, to take part and assist in activities of the centre; and
(f) that is approved by the Minister by determination in writing as an education centre for the purposes of this Act in relation to that year;
and includes an education centre that was an approved education centre under the former Act immediately before the commencing day and that has not been declared by the Minister by determination in writing not to be approved for the purposes of this Act in relation to that year.
approved ethnic schools authority, in relation to a program year, means a body that is not an approved authority in relation to a provision of this Act and that is providing or proposes to provide a program of ethnic education in that year, being a body:
(a) that was an approved ethnic schools authority in relation to the year commencing on 1 January 1986 under the former Act; or
(b) that the Minister is satisfied should, because of exceptional circumstances, be approved for the purposes of this definition in relation to that program year;
and that is approved by the Minister by determination in writing as an ethnic schools authority in relation to that program year.
approved school system means a school system that is included in the list of approved school systems.
award restructuring assistance means financial assistance under section 40F.
BGA rural student hostel means a rural non‑government student hostel in relation to which there is a block grant authority.
BGA school means a non‑government school in relation to which there is a block grant authority.
block grant authority means:
(a) in relation to a school:
(i) a body corporate in relation to which an approval under section 19 is in force in relation to the school; or
(ii) a body corporate that was, immediately before the commencement of this Act, a block grant authority in relation to the school under the former Act and that has not been declared by the Minister by written determination not to be a block grant authority; and
(b) in relation to a rural student hostel—a body corporate in relation to which an approval under section 19 is in force in relation to the hostel.
body means any body, whether incorporated or unincorporated.
building includes part of a building.
capital project includes a project involving:
(a) investigation of the need for:
(i) schools, non‑government centres or rural student hostels in a particular area; or
(ia) schools, non‑government centres or rural student hostels of particular kinds in a particular area; or
(ii) a building or other facilities;
(b) the purchase of land, with or without buildings;
(c) planning for the erection, alteration or extension of a building or other facilities;
(d) the development or preparation of land for building or other purposes;
(e) the installation or upgrading of water, electricity or any other services;
(f) the provision of equipment, library materials or furniture;
(g) obtaining services and goods for cataloguing a library; and
(h) in the case of a project in connection with a non‑government school or a non‑government centre—the taking on lease of land or buildings.
child with disabilities means:
(a) a child who has not reached school age and who has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that would, if the child had reached school age, satisfy the criteria for enrolment in special education services, or special education programs, being services or programs provided by the government of a State; or
(b) a child with severe disabilities.
child with severe disabilities means:
(a) a child with disabilities who has attained school age:
(i) for whom, because of his or her disabilities, enrolment at a school, at a government centre or at a non‑government centre, is not appropriate; or
(ii) who is enrolled at a school, at a government centre or at a non‑government centre but who is unable, because of his or her disabilities, to receive a substantial part of the benefits ordinarily available to children enrolled at that school or centre; or
(b) a child with disabilities who has not attained school age but who, upon attaining that age, is likely to be a person referred to in paragraph (a).
children in residential care means children who:
(a) are separated from their families for welfare, rehabilitation, corrective or medical purposes; and
(b) are living in establishments that provide programs that include one or more of the following services:
(i) counselling;
(ii) education;
(iii) guidance;
(iv) another service similar to a service mentioned in subparagraph (i), (ii) or (iii); and
(c) are participating in one or more of those programs.
co‑educational school means a school for both male students and female students.
commencing day means the day on which this Act commenced.
community language means:
(a) an Aboriginal language; or
(b) the first language of people who have migrated to Australia;
but does not include English.
disadvantaged school means a school in respect of which a declaration under subsection 15(1) or 27(1) is in force.
early special education program for children with disabilities means a program carried out in relation to the education of children with disabilities who have not attained school age.
education in English as a second language for eligible new arrivals, in relation to a program year, means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to persons who are eligible new arrivals in relation to that year.
eligible new arrival, in relation to a program year, means a person:
(a) who is:
(i) a permanent resident; or
(ii) the holder of a recognised temporary entry permit or recognised visa; and
(b) whose first language is a language (not being the English language) of a country other than Australia; and
(c) in relation to whom either of the following subparagraphs applies:
(i) the person arrived in Australia within 6 months before the start of the program year;
(ii) the person arrived in Australia within 18 months before the start of the program year and either:
(A) the person is receiving, or is enrolled to receive, primary education at a standard (however described) provided to persons in their first year of primary education; or
(B) the Minister is satisfied that the person is receiving intensive instruction in the English language and will, within a reasonable time after completing that instruction, be enrolled to receive primary education at a standard (however described) provided to persons in their first year of primary education.
eligible year 12 student has the meaning given by subsections (11) and (12).
ESL course means a course of instruction in English as a second language.
former Act means the States Grants (Schools Assistance) Act 1984.
full fee paying private overseas student means a person in relation to whom all of the following paragraphs apply:
(a) the person is receiving primary education or secondary education at a school and, if the person is receiving primary education, the person started receiving that primary education at a school in Australia after 1989;
(b) the person is, within the meaning of the Migration Act 1958, the holder of a valid temporary entry permit (other than a recognised temporary entry permit);
(c) the full cost of the person’s education at the school is being met by the person’s guardian, the person or the person together with the person’s guardian.
funding level, in relation to a school or a school system in respect of which financial assistance is provided under this Act in a program year, means the level of assistance specified in column 1 of the parts of Schedule 7 that is applicable to the school or to the system in that year for the purpose of meeting recurrent expenditure.
general education in English as a second language means education that is provided to teach the English language to students:
(a) who are:
(i) permanent residents; or
(ii) holders of a recognised temporary entry permit or recognised visa; and
(b) whose first language is not English;
whether or not that education is provided with instruction for those students or other students in the culture of Aborigines or of people who have migrated to Australia.
government centre means a centre conducted by or on behalf of the Government of a State at which special education is provided.
government disadvantaged school means a government school in respect of which a declaration under subsection 15(1) is in force.
government educational institution means an educational institution in a State:
(a) that is not a government school; and
(b) that is conducted by or on behalf of the government of the State; and
(c) at which a priority language may be studied at secondary level.
government school means a school in a State that is conducted by or on behalf of the Government of the State.
holder of a valid temporary entry permit has the same meaning as in the Migration Act 1958.
integration activities means activities designed to integrate children with disabilities or students with disabilities into schools, or into other places of education approved by the Minister or the State Minister for the purposes of this definition, being schools or places of education at which education is provided for children or students other than children with disabilities or students with disabilities.
level, in relation to education provided at a school, means primary education, junior secondary education or senior secondary education or a year in the course of education of that kind.
list means the list of schools maintained under section 6.
minimum number of students, in relation to a level of education, a combination of levels of education or a school, means the number determined by the Minister under subsection (2) to be the minimum number of students for that level, that combination or that school.
minor capital project means a capital project of a kind approved by the Minister for the purposes of this definition.
nominated authority means a person or body nominated by an aggregation of non‑systemic schools under section 39D.
non‑BGA rural student hostel means a rural non‑government student hostel in relation to which there is not a block grant authority.
non‑BGA school means a non‑government school in relation to which there is not a block grant authority.
non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State.
non‑government centre means a centre in a State involved in the provision of special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for profit.
non‑government disadvantaged school means a non‑government school in respect of which a declaration under subsection 27(1) is in force.
non‑government school means a school in a State that is not conducted by or on behalf of the Government of the State, but does not include a school conducted for profit.
non‑systemic disadvantaged school means a non‑systemic school in respect of which a declaration under subsection 27(1) is in force.
non‑systemic school means a non‑government school:
(a) that is not included in an approved school system; and
(b) that is included in the list as a non‑systemic school.
permanent resident means:
(a) an Australian citizen;
(b) a person who is, within the meaning of the Migration Act 1958, the holder of a valid permanent entry permit;
(e) a person who is not an Australian citizen but who has his or her permanent home on Christmas Island or the Cocos (Keeling) Islands.
prescribed country area means:
(a) an area in a State in respect of which a declaration under subsection 34(1) is in force; or
(b) an area that was, immediately before the commencing day, a prescribed country area under the former Act and that the Minister has not declared to be no longer such an area.
program of ethnic education means a program of instruction that is provided on a part‑time basis the purpose of which is to teach students a language (other than English) that is the first language of Aborigines or of people who have migrated to Australia, whether that program is provided alone or with instruction in the culture of those people, but does not include a program in which political or religious instruction is predominant.
program year means the period of 12 months commencing on 1 January 1989, 1 January 1990, 1 January 1991 or 1 January 1992.
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year.
recognised temporary entry permit means a valid temporary entry permit in respect of which a declaration under section 4A is in force.
recognised visa means a valid visa in respect of which a declaration under section 4AA is in force.
recurrent expenditure means expenditure relating to the ongoing operating costs of schools.
residential institution means an institution or home in a State that provides residential care for children and is conducted for welfare, correction, rehabilitation or similar purposes, being an institution or home:
(a) that the Minister, having regard to any advice given to the Minister by the State Minister for the State in which the institution or home is situated, declares, in writing, to be a residential institution for the purposes of this Act; or
(b) that was a residential institution under the former Act immediately before the commencing day and that the Minister has not declared not to be such an institution for the purposes of this Act.
rural government student hostel means a rural student hostel in a State that provides accommodation for students at government schools in the State (whether or not it also provides accommodation for other students).
rural non‑government student hostel means a rural student hostel in a State that provides accommodation for students at non‑government schools in the State (whether or not it also provides accommodation for other students).
rural student hostel means a hostel the primary purpose of which is to provide accommodation for students from rural areas who are undertaking secondary education at schools, but does not include a hostel that is conducted for profit.
school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre‑school standard only.
school age, in relation to a child, means the age at which the child is first required to attend school under a law of the State in which the child lives.
school in need of short‑term emergency assistance, in relation to a program year, means a non‑government school:
(a) that the Minister is satisfied is, because of any unexpected circumstance, in special need of short‑term emergency assistance in that year; and
(b) that is declared by the Minister by determination in writing to be such a school in relation to that year.
schools census day, in relation to a program year in relation to a State, means the day in that year, being a day as close as possible to 1 August in that year, that the State Minister advises the Minister is the schools census day for that State for that year.
school serving a predominantly Aboriginal community means a school that, in the opinion of the Minister, serves a community constituted predominantly by Aborigines or Torres Strait Islanders.
secondary means junior secondary or senior secondary.
special education means education under special programs designed specifically for children with disabilities.
special school means a school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a special school; and
(b) that provides special education.
State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
State Minister means:
(a) in relation to a State other than the Australian Capital Territory or the Northern Territory—the Minister of the Crown of the State who is responsible, or primarily responsible, for education matters in the State;
(b) in relation to the Australian Capital Territory—the Minister of the Australian Capital Territory who is responsible, or primarily responsible, for education matters in the Australian Capital Territory; or
(c) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or primarily responsible, for education matters in the Northern Territory.
student, in relation to a program of ethnic education approved under section 32 in a program year, means a permanent resident, or a person who is the holder of a recognised temporary entry permit, who:
(a) is undertaking, either on a full‑time or part‑time basis, primary education or secondary education at a school; or
(b) not being a person who has attained, or will, before 1 January in the year following that year, attain, the age of 20 years, is undertaking, either on a full‑time or part‑time basis, technical and further education within the meaning of the Employment, Education and Training Act 1988.
student with disabilities means:
(a) a student who is attending a government school, government centre, non‑government school or non‑government centre and has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that satisfies the criteria for enrolment in special education services or special education programs, being services or programs provided by the government of the State in which the school or centre is located; or
(b) a child with severe disabilities.
systemic disadvantaged school means a systemic school in respect of which a declaration under subsection 27(1) is in force.
systemic school means a non‑government school:
(a) that is included in an approved school system; and
(b) that is included in the list as a systemic school.
valid temporary entry permit has the same meaning as in the Migration Act 1958.
valid visa has the same meaning as in the Migration Act 1958.
(2) The Minister may, from time to time, by determination in writing, specify:
(a) in respect of a level, or a combination of levels, at which education is provided by schools generally, or by schools included in a specified class of schools; or
(b) in respect of special schools;
a number of students to be the minimum acceptable number of students for the purposes of this Act.
(3) The Minister shall cause a copy of each determination under subsection (2) to be published in the Gazette as soon as practicable after the determination is made.
(4) For the purposes of this Act, a capital project carried out for purposes connected with a school, an approved education centre, a rural student hostel, a non‑government centre or the education of certain students shall be treated as a capital project notwithstanding that it is also carried out for other educational purposes or for community purposes.
(5) For the purposes of this Act, where an object of a project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure equal opportunity with persons of the other sex in education or training, the benefits of, or the opportunities created by, the project, program or expenditure shall be taken to be equally available to males and females.
(6) Where the Minister is empowered to specify in the list a maximum number of students eligible for general recurrent funding in relation to a school, or in relation to a location in respect of which the school is included in the list, the Minister may specify in the list in relation to the school or the location any one or more of the following:
(a) a maximum number of primary students;
(b) a maximum number of junior secondary students;
(c) a maximum number of senior secondary students;
(d) a maximum number of special students.
(7) Where a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding in respect of the whole of a school that is included in the list in respect of 2 or more locations is in force, the Minister shall not determine a maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding, as the case may be, in relation to a location in respect of which the school is included in the list.
(8) Where a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding in respect of a location in respect of which a school is included in the list is in force, the Minister shall not determine a maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding, as the case may be, in relation to the whole school.
(9) A school shall not be taken to have changed its location or part of its location if:
(a) the whole or part of the school is relocated to a site adjacent to the site at which the school, or the part of the school, as the case may be, provided education before the relocation; and
(b) education at the new location is provided at the same levels at which it was provided at the school or at the part of the school, as the case may be, before the change.
(10) Full fee paying private overseas students shall be disregarded for the purposes of this Act.
(11) For the purposes of this Act, a person is an eligible year 12 student if:
(a) the person was enrolled in the program year 1991 at a government school or at a government educational institution in a State; and
(b) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and
(c) the language is a language in respect of which a declaration under subsection 4B(4) is in force in the State in the program year 1992.
(12) For the purposes of this Act, a person is an eligible year 12 student if:
(a) the person was enrolled in the program year 1991 at a systemic school or at a non‑systemic school in a State; and
(b) a payment under section 22 was made to the State for that year in relation to year 12 students at the systemic or non‑systemic school; and
(c) the person in that year was enrolled in and recorded an achievement in an accredited year 12 level course, or in an accredited year 12 level equivalent course, in a language; and
(d) the language is a language in respect of which a declaration under subsection 4B(4) is in force in the State in the program year 1992.