Skip to main
Help and resources
Register
for My Account
Sign in
to My Account
Search
Australian Government
Federal Register of Legislation
Site navigation
Constitution
Acts
Legislative instruments
Notifiable instruments
Gazettes
Administrative Arrangements
Prerogative instruments
Norfolk Island
Home
Acts
In force
Text
Details
Authorises
Downloads
All versions
Interactions
Australian Education Act 2013
In force
Administered by
Department of Education
Latest version
Order print copy
Save this title to My Account
Set up an alert
C2024C00473 (C09)
14 October 2024
Legislation text
View document
Select value
Act
Filter active
Table of contents
Enter text to search the table of contents
Collapse
Part 1—Preliminary
Division 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Guide to this Act
5 Binding the Crown
Division 2—Interpretation
6 Definitions
8 Definition of majority Aboriginal and Torres Strait Islander school
9 Definition of overpayment
11 Definition of recoverable payment
11A Definition of SRS indexation factor
12 Definition of total entitlement
13 Definitions of kinds of schools based on location
15 Levels of education
16 Working out the number of students at a school for a year
18 Minister to make determinations in relation to locations of schools
19 Non government schools providing only distance education
Collapse
Part 2—Grants of financial assistance to States and Territories
20 Guide to this Part
21 Financial assistance for schools
22 Conditions of financial assistance—implementing national policy initiatives and agreements relating to school education
22A Conditions of financial assistance—State Territory contributions
23 Conditions of financial assistance—conditions relating to payments to States and Territories for non government schools
24 Condition of financial assistance—recovering amounts
25 Minister to determine timing and amounts of recurrent funding
26 Entitlement to recurrent funding
27 Pro rating of recurrent funding
28 Minister to determine timing and amounts of capital funding
29 Minister to determine timing and amounts of other funding for schools
30 Minister to determine timing and amounts of funding for non government representative body
Collapse
Part 3—Recurrent funding for schools
Collapse
Division 1—Preliminary
31 Guide to this Part
31A Eligibility for funding under this Part
Collapse
Division 2—The funding formula for schools
32 The amount payable for a school
33 Base amount for schools
34 SRS funding amounts
35 School’s total loading
35A Commonwealth share
35B Commonwealth share for transitioning government schools
35C Commonwealth share for transitioning non government schools
Collapse
Division 3—Working out loadings
Collapse
Subdivision A—Loadings (except location and size loadings)
36 Student with disability loading
37 Aboriginal and Torres Strait Islander loading
38 Socio educational disadvantage loading
39 Low English proficiency loading
Subdivision B—Location loading
40 Location loading
41 Location percentage for certain schools
Subdivision C—Size loading
42 Size loading
43 Definitions—kinds of schools based on size
44 Definition—maximum size loading
45 Definitions—primary percentage and secondary percentage
46 Very small schools—size loading
47 Very small schools—schools covered by item 3 of the table in section 46
48 Very small schools—major city schools
49 Very small schools—starting amount
50 Very small schools—ARIA student number
51 Medium sized schools—size loading
Division 4—Miscellaneous
Collapse
Subdivision A—Capacity to contribute percentage
52 Determining CTC scores
53 Determinations may be on application or on Minister’s own initiative
54 Capacity to contribute percentage
Collapse
Subdivision B—Miscellaneous
55 Locations of a school
56 Rounding amounts
Collapse
Part 5—Capital and other funding
Collapse
Division 1—Guide to this Part
66 Guide to this Part
Collapse
Division 2—Capital funding
67 Capital funding
68 Limit on total amount available for capital funding for block grant authorities
Collapse
Division 3—Other funding for schools
69 Special circumstances funding
69A Funding in prescribed circumstances
69B Transition adjustment funding
Collapse
Division 4—Funding for non government representative bodies
70 Funding for non government representative bodies
Collapse
Part 6—Approving authorities and bodies
Collapse
Division 1—Guide to this Part
71 Guide to this Part
Collapse
Division 2—Approving approved authorities
72 Application for person to be approved as an approved authority
73 Approval of person
74 Approval or refusal of approval on public interest grounds
75 Basic requirements for approval
76 Approved authorities for government schools taken to satisfy basic requirements
77 Ongoing policy requirements for approved authorities
78 Ongoing funding requirements for approved authorities
79 Limitation on approval
80 Variation or revocation of approval on application
81 Variation or revocation of approval on Minister’s own initiative
Collapse
Division 3—Approving block grant authorities
82 Application for person to be approved as a block grant authority
83 Approval of person
84 Basic requirements for approval
85 Ongoing requirements for approval
86 Limitation on approval
87 Variation or revocation of approval on application
88 Variation or revocation of approval on Minister’s own initiative
Collapse
Division 4—Approving non government representative bodies
89 Minister may invite a person to apply to be a non government representative body
90 Application for person to be approved as a non government representative body
91 Approval of person
92 Basic requirements for approval
93 Ongoing requirements for approval
94 Limitation on approval
95 Variation or revocation of approval on application
96 Variation or revocation of approval on Minister’s own initiative
Collapse
Division 5—Former approved authorities and bodies
96A Continuing requirements
Collapse
Part 8—Taking action for non compliance and requiring amounts to be repaid
Collapse
Division 1—Guide to this Part
107 Guide to this Part
Collapse
Division 2—Taking action for non compliance and requiring amounts to be repaid
108 Application of Division for non compliance
109 Application of Division when amounts are required to be repaid
110 Actions the Minister may take
111 Effect of determination under paragraph 110(1)(a) or (b)
Collapse
Division 3—Recoverable payments
112 Recoverable payments
113 Reports about recoverable payments
Collapse
Part 9—Miscellaneous
Collapse
Division 1—Guide to this Part
114 Guide to this Part
Collapse
Division 2—Rules relating to applications
115 Approved form for applications
116 Request for further information
117 Withdrawal of application
Collapse
Division 3—Review of decisions
118 Reviewable decisions
119 Notice of decision
120 Internal review of reviewable decisions
121 Secretary or internal reviewer may require further information from applicants
122 Review by the Administrative Review Tribunal
Collapse
Division 4—Miscellaneous
123 False or misleading information
124 Secretary may arrange for use of computer programs to make decisions
125 Using, disclosing or publishing school education information
125A GST inclusive payments
126 Appropriation
127 Annual report by Minister
128 Independent reviews of arrangements and requirements relating to funding
129 Delegation
130 Regulations
Collapse
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history