Australian Education Regulation 2013

Part 1—Preliminary

Division 1—Preliminary

1 Name of regulation

This regulation is the Australian Education Regulation 2013.

3 Authority

This regulation is made under the Australian Education Act 2013.

4 Definitions

(1) In this regulation:

2011 SES score has the meaning given by subsection 24(1).

2016 SES score has the meaning given by subsection 24(4).

2023 transition period for a transition year means the number of years from the transition year to 2023 (not including the transition year).

Example: If the transition year is 2020, the number of years from the transition year to 2023 is 3. If the transition year is 2023, the number of years from the transition year to 2023 is 0.

2029 transition period for a transition year means the number of years from the transition year to 2029 (not including the transition year).

Example: If the transition year is 2024, the number of years from the transition year to 2029 is 5. If the transition year is 2029, the number of years from the transition year to 2029 is 0.

ACARA (short for Australian Curriculum, Assessment and Reporting Authority) means the authority established by section 5 of the Australian Curriculum, Assessment and Reporting Authority Act 2008.

Act means the Australian Education Act 2013.

attendance rate, for students at a school, means a percentage representing the total number of full‑time equivalent days the students attended the school to receive primary education or secondary education, divided by the number of full‑time equivalent days the students at the school could have received primary education or secondary education.

Note: Only certain students are taken into account for the purposes of this definition (see subsection (2)).

Australian Accounting Standards means the accounting standards issued or adopted by the Australian Accounting Standards Board, as in force from time to time.

Australian Auditing Standards means the auditing standards issued or adopted by the Auditing and Assurance Standards Board, as in force from time to time.

Australian Professional Standards for Teachers means the standards of that name issued by the Australian Institute for Teaching and School Leadership Limited.

Note: In 2013, the Australian Professional Standards for Teachers was accessible at http://www.aitsl.edu.au.

Australian Statistical Geography Standard means the geographical framework of that name published by the Australian Bureau of Statistics from time to time.

Note: In 2013, the Australian Statistical Geography Standard was accessible at http://www.abs.gov.au.

authorised person means a person authorised, in writing, by the Minister under section 33.

average DMI score has the meaning given by subsection 22(1).

basis of a school’s CTC score for a year means whichever of the following is the basis of the number that is the CTC score for the school for the year:

(a) the average DMI score;

(b) the 2016 SES score;

(d) a determination made by the Minister other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act.

Note: The basis of a school’s CTC score is the same in successive years if the number that is the school’s CTC score is determined on the same basis for each of those years. The number itself need not be the same each year. For example, the basis of a school’s CTC score for 2021 is the same as in 2020 if in both years the basis of the CTC score was a determination made by the Minister other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act.

capital funding amount has the meaning given by subsection 64(1).

Capital Grants Program Guidelines means the Capital Grants Program Guidelines issued by the Department, as in force from time to time.

Note: The Capital Grants Program Guidelines could in 2018 be viewed on the Department’s website (http://www.education.gov.au).

census day has the meaning given by subsection 5(1).

census day enrolment:

(a) for a government school—has the meaning given by subsection 9A(1); or

(b) for a non‑government school—has the meaning given by subsection 9B(1).

census reference period has the meaning given by subsection 5(6).

Choice and Affordability Fund Guidelines means the Choice and Affordability Fund Guidelines issued by the Department, as in force from time to time.

Note: The Choice and Affordability Fund Guidelines could in 2020 be viewed on the Department’s website (http://www.education.gov.au).

commit to spend, for an approved authority, block grant authority or non‑government representative body and in relation to financial assistance payable to the authority or body under the Act, includes the authority or body committing to spend financial assistance in circumstances where:

(a) either:

(i) the authority or body has entered into a legal arrangement under which the authority or body will be liable to pay an amount; or

(ii) an amount will become due or payable under a liability under a law of the Commonwealth, a State or a Territory that the authority or body is required to meet; and

(b) the time for paying the amount has not yet arisen; and

CTC‑adjusted SRS amount for the school for the year has the meaning given by section 19F.

Data Standards Manual: Student Background Characteristics means the Data Standards Manual: Student Background Characteristics, issued by ACARA, as in force from time to time.

Note: The Data Standards Manual: Student Background Characteristics could in 2015 be viewed on ACARA’s website (http://www.acara.edu.au).

DMI methodology document means the Direct Measure of Income Methodology Document issued by the Department, as in force from time to time.

Note: The DMI methodology document could in 2020 be viewed on the Department’s website (http://www.dese.gov.au).

DMI score (short for direct measure of income score) has the meaning given by subsection 22(4).

first funding year for a school means the year for which the Minister first makes a determination under section 25 of the Act for the school.

foundation means the year of schooling immediately before year 1.

ICT means Information and Communications Technology.

key individual: an individual is a key individual of an approved authority, a block grant authority or a non‑government representative body if the individual:

(a) is an officer, of the authority or body, within the meaning of section 9 of the Corporations Act 2001; or

(b) is responsible for executive decisions of the authority or body; or

(d) manages or supervises the provision of school education for the authority or body under an arrangement with the authority or body.

language conventions means spelling, grammar and punctuation.

Local Schools Community Fund Guidelines means the Local Schools Community Fund Guidelines issued by the Department, as in force from time to time.

Note: The Local Schools Community Fund Guidelines could in 2019 be viewed on the Department’s website (http://www.education.gov.au).

Ministerial Council disability guidelines, for a year, means the guidelines for the Nationally Consistent Collection of Data on School Students with Disability approved by the Ministerial Council for the year.

NAP means the National Assessment Program.

NAPLAN Online Data Extract Dictionary means the NAPLAN Online Data Extract Dictionary, issued by ACARA, as in force from time to time.

Note: The NAPLAN Online Data Extract Dictionary could in 2018 be viewed on ACARA’s website (http://www.acara.edu.au).

National Schools Statistics Collection means the national collection of information on schools undertaken in accordance with the NSSC Collection Manual.

Non‑Government Reform Support Fund Guidelines means the Non‑Government Reform Support Fund Guidelines issued by the Department, as in force from time to time.

Note: The Non‑Government Reform Support Fund Guidelines could in 2018 be viewed on the Department’s website (http://www.education.gov.au).

notional funding amount for the school for the year has the meaning given by section 19G.

notional starting share has the meaning given by section 19E.

NSSC Collection Manual means the National Schools Statistics Collection‑Collection Manual:

(a) issued by the Australian Bureau of Statistics; and

(b) as in force from time to time.

PIRLS means the Progress in International Reading Literacy Study.

PISA means the Programme for International Student Assessment.

record includes an account or a document.

refined area based score has the meaning given by subsection 23(2).

reporting period has the meaning given by subsection 52(4).

selected student means a student selected in a sample.

SES dimension means each of the following dimensions:

(a) the education dimension;

(b) the family income dimension;

(d) the occupation dimension.

statement of student addresses, for a school, means:

(a) a statement provided in relation to the school that contains the information in paragraph 58B(2)(aa), so far as the statement relates to students who are not distance education students; or

(b) a statement provided in relation to the school in accordance with section 21 as in force before the commencement of the Australian Education Amendment (2020 Measures No. 1) Regulations 2020.

Statistical Area Level 1 means an area designated by the Australian Bureau of Statistics as a Statistical Area Level 1 as mentioned in the Australian Statistical Geography Standard.

student with disability, for a year, means a student about whom information must be provided, as specified in the Ministerial Council disability guidelines for the year.

TIMSS means the Trends in International Mathematics and Science Study.

ungraded primary or secondary student means a student at a special school who receives primary education or secondary education at a level of education that constitutes primary education or secondary education (as the case requires) for the school under section 15 of the Act.

(2) For the purposes of the definition of attendance rate in subsection (1), a student may be taken into account for a reporting period only if the student is:

(a) a full‑time student who is:

(i) in any of years 1 to 10; or

(ii) an ungraded primary or secondary student; and

(b) enrolled for any part of the reporting period.

5 Meanings of census day and census reference period

(1) The census day for a non‑government school for a year is the day determined in writing by the Minister.

Determining the census day

(2) The Minister may determine, in writing, that a particular day in a year is the school’s census day for the year.

(3) The Minister must not determine a day to be a school’s census day for a year less than 10 weeks before the day unless the Minister is satisfied that special circumstances justify determining that day. If the Minister is so satisfied, the Minister may determine any day, including a past day.

Notifying census day

(4) The Minister must:

(a) notify the approved authority for a school of the school’s census day for a year; and

(b) do so in a way that makes it reasonably likely the approved authority will become aware of the census day.

Example: A census day could be published on a website that the approved authority is likely to access regularly.

(5) The notification must be given at least 10 weeks before the census day. If the Minister determines a day under subsection (3) because of special circumstances, the notification must be given as soon as practicable.

Meaning of census reference period

(6) The census reference period for a non‑government school for a year is the period of 20 school days for the school that ends at the end of the census day for the school for the year.

Note: A public holiday is not a school day.

Division 2—Interpretation

Subdivision A—Overseas students

6 Overseas students

For paragraph (b) of the definition of overseas student in section 6 of the Act, the following persons are excluded from being an overseas student:

(a) a dependant of a person who is receiving a sponsorship or a scholarship for the purpose of undertaking a course provided by an institution in Australia that:

(i) is a Table A provider or a Table B provider (within the meaning of the Higher Education Support Act 2003); and

(ii) is meeting the full cost of the education component of the course;

(b) a person who is undertaking a course of study provided by an institution or body in Australia under a Student Exchange Program registered by the relevant education authority in the State or Territory where the person is undertaking the Program;

(c) a person, or a dependant of a person, who is receiving a sponsorship or a scholarship from the Commonwealth for the purpose of undertaking a course provided by an institution or other body or person in Australia.

Subdivision AA—SRS indexation factor

6A SRS indexation factor

For the purposes of subsection 11A(5) of the Act, the SRS indexation factor for 2019 and 2020 is 1.0356.

Subdivision B—Levels of education

7 Levels of education that constitute primary and secondary education for schools other than special schools

(1) For the purposes of section 15 of the Act, the levels of education that constitute primary education for a school, other than a special school, for a calendar year are:

(a) for schools in South Australia other than those specified in the table in clause 1 of Schedule 3 for the calendar year—foundation to year 7; and

(b) for all other schools (including those specified in that table)—foundation to year 6.

(2) For the purposes of section 15 of the Act, the levels of education that constitute secondary education for a school, other than a special school, for a calendar year are:

(a) for schools in South Australia other than those specified in the table in clause 1 of Schedule 3 for the calendar year—years 8 to 12; and

(b) for all other schools (including those specified in that table)—years 7 to 12.

9 Levels of education that constitute primary education and secondary education for special schools

(1) For section 15 of the Act, the level of education that constitutes primary education for a special school is the education provided to students aged 4 to 11 at the school.

(2) For section 15 of the Act, the level of education that constitutes secondary education for a special school is the education provided to students aged 12 to 21 at the school.

Subdivision C—Census day enrolment

9A Government schools

(1) For the purposes of section 16 of the Act, the number of students at a government school (the school’s census day enrolment) for a year is the number of primary and secondary students at the school who are to be included in the National Schools Statistics Collection for the year.

Counting part‑time students

(2) For the purposes of working out a census day enrolment for a government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking.

9B Non‑government schools

(1) For the purposes of section 16 of the Act, the number of students at a non‑government school (the school’s census day enrolment) for a year is the number of primary and secondary students:

(a) who are enrolled at the school on the census day for the school for the year; and

(b) whose enrolment is for education at a level specified for the school in the approval of the approved authority for the school; and

(d) whose attendance is, for at least one day during the census reference period for the school for the year:

(i) at a location specified for the school in the approval of the approved authority for the school; or

(ii) as a distance education student.

Counting part‑time students

(2) For the purposes of working out a census day enrolment for a non‑government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking.

Minister may determine that a person be included

(3) The Minister may, in writing, determine that a person who does not meet the requirements set out in paragraphs (1)(c) and (d) is to be included in a non‑government school’s census day enrolment as a primary student or secondary student (including as a part‑time student) if the Minister is satisfied that special circumstances justify the determination.

(4) In making a determination under subsection (3), the Minister must have regard to the following:

(a) the period or periods of attendance by the person at the school, or at school generally, during the year;

(b) the pattern of attendance by the person at the school, or at school generally, during the year;

(d) for any period of non‑attendance by the person—the steps taken by the school to engage the person in the relevant level of education;

(e) any other matter the Minister considers relevant.

(5) A determination under subsection (3) may be made:

(a) on the Minister’s own initiative; or

(b) on application by the approved authority for the school.

Note: For rules relating to applications, see Division 2 of Part 9 of the Act.

(6) An application by an approved authority for a school for a determination under subsection (3) that relates to a year must be made within:

(a) 14 days of the school’s census day for the year; or

(b) if the Minister allows a longer period (whether before or after the period referred to in paragraph (a))—that longer period.

(7) For the purposes of subsection 118(2) of the Act, a determination under subsection (3) is a reviewable decision, and the relevant person for the reviewable decision is the approved authority for the school concerned.

Part 2—Grants of financial assistance to States and Territories

10A Starting State‑Territory shares

(1) This section is made for the purposes of the definition of starting State‑Territory share in subsection 22A(3) of the Act.

(2) The starting State‑Territory share for the purposes of working out the State‑Territory share for a State or Territory for 2018 and each later year is:

(a) for government schools in a State or Territory specified in column 1 of an item in the following table—the percentage specified in column 2 of the item; and

(b) for non‑government schools in a State or Territory specified in column 1 of an item in the following table—the percentage specified in column 3 of the item.

Starting State‑Territory shares for 2018 and each later year
Item	Column 1 State or Territory	Column 2 Starting State‑Territory share for government schools	Column 3 Starting State‑Territory share for non‑government schools
1	New South Wales	70.73%	25.29%
2	Victoria	67.80%	19.70%
3	Queensland	65.90%	23.80%
4	Western Australia	84.43%	26.30%
5	South Australia	75.00%	19.72%
6	Tasmania	72.93%	21.50%
7	Australian Capital Territory	92.11%	36.97%
8	Northern Territory	54.40%	15.09%

11 Condition of financial assistance—recovering amounts

(1) For section 24 of the Act, if the Minister makes a determination under paragraph 110(1)(a) of the Act that a State or Territory pay to the Commonwealth a specified amount, the State or Territory must (subject to subsection (6)) pay the amount by the time specified in the determination.

Assigning rights of recovery to the Commonwealth or recovering debts

(2) A State or Territory must ensure that there is in force an arrangement (whether by or under a law, or otherwise) that complies with subsection (3) in relation to each approved authority, block grant authority or non‑government representative body to whom the State or Territory may pay an amount of financial assistance in accordance with the Act.

(3) An arrangement in relation to an approved authority, a block grant authority or a non‑government representative body must provide that if:

(a) the Minister makes a determination under paragraph 110(1)(a) of the Act that the State or Territory must pay to the Commonwealth a specified amount; and

(b) the Minister makes the determination as a result of:

(i) non‑compliance or a breach by the authority or body mentioned in section 108 of the Act; or

(ii) a payment mentioned in subsection 109(1), (2) or (4) or paragraph 109(3)(a) of the Act that was paid to the State or Territory for the authority or body;

then the amount mentioned in paragraph (a) of this subsection is a debt due by the authority or body to the State or Territory, and may be recovered by the State or Territory (or another person on behalf of the State or Territory) in a court.

(4) The State or Territory must:

(a) assign to the Commonwealth the right to recover the debt; or

(b) promptly recover the debt from the authority or body.

(5) The Commonwealth must accept the assignment by the State or Territory of the right to recover the debt.

(6) If the State or Territory assigns to the Commonwealth the right to recover the debt due by the authority or body, then:

(a) the debt may be recovered by the Minister, on behalf of the Commonwealth, in a court of competent jurisdiction; and

(b) the debt due by the State or Territory to the Commonwealth that arises under subsection 111(1) of the Act is taken to be extinguished (and the State or Territory is not required to pay the amount to the Commonwealth under subsection (1) of this section).

12 Pro‑rating of recurrent funding

(1) For the purposes of section 27 of the Act, the total entitlement is to be determined in accordance with this section for a year if one or more of the following events occurs during the year:

(a) a school begins to provide primary education or secondary education;

(b) a school becomes entitled to financial assistance under Part 3 of the Act;

(d) a school ceases to be entitled to financial assistance under Part 3 of the Act.

(2) The amount of financial assistance that is to be determined in relation to the school for the year is the lesser of:

(a) the amount the Minister considers appropriate; and

(b) the full amount of financial assistance.

(3) In deciding an appropriate amount for the purposes of paragraph (2)(a), the Minister must have regard to the following:

(a) the proportion of the school year during which the school was providing education or was entitled to financial assistance under Part 3 of the Act;

(b) the time during the school year when the school began or ceased to provide education or be entitled to financial assistance under Part 3 of the Act;

(c) in the case of a school that has ceased to provide education or be entitled to financial assistance under Part 3 of the Act—the amount of any financial assistance that has already been paid for the school for the year in accordance with determinations under subsection 25(1) of the Act.

(4) Subsection (3) does not limit the matters to which the Minister may have regard.

Part 3—Recurrent funding for schools

Division 1—Matters related to the funding formula

14 ARIA index value

For the definition of ARIA index value in section 6 of the Act, a school’s ARIA index value is the average ARIA+ score for the Statistical Area Level 1 in which the school is located.

Note 1: In 2013, the average ARIA+ scores were obtained from the Australian Population and Migration Research Centre. The Australian Population and Migration Research Centre was responsible for the development and dissemination of the ARIA+ (2011) index.

Note 2: The Minister may determine the location of a school with more than one location for the purposes of working out the school’s ARIA index value (see section 18 of the Act).

16 Definition of Aboriginal and Torres Strait Islander student

For the definition of Aboriginal and Torres Strait Islander student in section 6 of the Act, a student is an Aboriginal and Torres Strait Islander student if:

(a) either or both of the following apply:

(i) the student is of Aboriginal descent;

(ii) the student is of Torres Strait Islander descent; and

(b) the student identifies as a person of that descent; and

16AA Base amounts for schools

For the purposes of paragraph 33(4)(b) of the Act, 45% is prescribed.

17 Disability loading—disability loading percentages

(1) For the purposes of subsection 36(5) of the Act, this section prescribes disability loading percentages.

Supplementary disability loading percentage

(2) The supplementary disability loading percentage is:

(a) for a primary school—42%; and

(b) for a secondary school—33%; and

Substantial disability loading percentage

(3) The substantial disability loading percentage is:

(a) for a primary school—146%; and

(b) for a secondary school—116%; and

Extensive disability loading percentage

(4) The extensive disability loading percentage is:

(a) for a primary school—312%; and

(b) for a secondary school—248%; and

Note: The SRS funding amount for a year for a student at a combined school is worked out in accordance with section 34 of the Act.

(5) The primary student extensive adjustment number is the amount worked out using the following formula:

(6) The primary student substantial adjustment number is the amount worked out using the following formula:

(7) The primary student supplementary adjustment number is the amount worked out using the following formula:

(8) The secondary student extensive adjustment number is the number worked out using the following formula:

(9) The secondary student substantial adjustment number is the number worked out using the following formula:

(10) The secondary student supplementary adjustment number is the number worked out using the following formula:

17A Disability loading—levels of adjustment

For the purposes of subsection 36(6) of the Act, a student needs a supplementary level of adjustment, a substantial level of adjustment or an extensive level of adjustment for a year if the student is classified as receiving that level of adjustment in accordance with the Ministerial Council disability guidelines for the year.

Note: References to student in this regulation and in section 36 of the Act do not include references to overseas students: see the definitions of primary student and secondary student in section 6 of the Act.

18 Other loadings

Socio‑educational disadvantage loading—students in quartile 1

(1) For subsection 38(4) of the Act, the number of students at a school for a year who are in quartile 1 is the number worked out using the following formula:

Socio‑educational disadvantage loading—students in quartile 2

(2) For subsection 38(7) of the Act, the number of students at a school for a year who are in quartile 2 is the number worked out using the following formula:

Low English proficiency loading

(3) For subsection 39(2) of the Act, the number of students at a school for a year who have low English proficiency is the number worked out using the following formula:

Definitions

(4) In this section:

ACARA low English proficiency students for the school for the year means the number of students at the school for the year identified by ACARA as disadvantaged language background other than English students.

Note 1: ACARA identifies a student as a disadvantaged language background other than English student if:

(a) ACARA identifies the student as having a language background other than English; and

(b) at least one of the student’s parents completed school education only to year 9 (or equivalent) or below.

Note 2: ACARA uses the definitions in the Data Standards Manual: Student Background Characteristics to determine language background and school education.

ACARA quartile 1 students for the school for the year means the number of students at the school for the year identified by ACARA as being in the lowest Socio‑Educational Advantage quarter.

Note: ACARA identifies a student as being in a quarter by allocating all students in a school to a scale of socio‑educational advantage and segmenting the scale into quarters. Information about socio‑educational advantage could in 2015 be viewed on ACARA’s website (http://www.acara.edu.au).

ACARA quartile 2 students for the school for the year means the number of students at the school for the year identified by ACARA as being in the second lowest Socio‑Educational Advantage quarter.

total ACARA students for the school for the year means the number of students at the school for the year as identified by ACARA.

Note: The total ACARA students for the school for the year may be different from the number of students at the school for the year worked out under section 16 of the Act.

Division 1A—Commonwealth share for non‑government schools for transition years for the schools

19 Transition years for non‑government schools

(1) For the purposes of paragraph (c) of the definition of transition year in section 6 of the Act, the prescribed year is (subject to subsection (2) of this regulation):

(a) for a non‑government school that has a Commonwealth share of 80% for 2023—2023; or

(b) for any other non‑government school—2029.

(2) However, for a non‑government school that has its first funding year for the school in 2022 or later (but no later than 2029), the prescribed year for the school is the first funding year for the school.

19A Commonwealth share for non‑government schools worked out using the notional starting share for 2019

Scope

(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) for a transition year for the school if:

(a) the transition year is 2020; or

(b) the transition year is 2021 and the basis of the school’s CTC score for 2021 is the same as for 2020; or

(c) the transition year is 2022 and the basis of the school’s CTC score for the school for 2022 is the same as for both 2020 and 2021; or

(d) the transition year is 2023 or later and this section applied to the school in 2022.

Notional starting share is less than or equal to 80%

(2) If the notional starting share for the school for 2019 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).

Notional starting share is greater than 80%

(3) If the notional starting share for the school for 2019 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

19B Commonwealth share for non‑government schools worked out using the notional starting share for 2020

Scope

(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) for a transition year for the school if:

(a) the transition year is 2021 and the basis of the school’s CTC score for 2021 is not the same as for 2020; or

(b) the transition year is 2022, this section applied to the school in 2021 and the basis of the school’s CTC score for 2022 is the same as for 2021; or

Notional starting share is less than or equal to 80%

(2) If the notional starting share for the school for 2020 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).

Notional starting share is greater than 80%

(3) If the notional starting share for the school for 2020 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

19C Commonwealth share for non‑government schools worked out using the notional starting share for 2021

Scope

(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) if the transition year for the school is 2022 or later and the school is covered by neither section 19A nor 19B of this regulation for the transition year.

Notional starting share is less than or equal to 80%

(2) If the notional starting share for the school for 2021 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).

Notional starting share is greater than 80%

(3) If the notional starting share for the school for 2021 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:

19D Commonwealth share for new non‑government schools

Scope

(1) For the purposes of section 35C of the Act, this section applies to a non‑government school whose first funding year is 2020 or later.

Commonwealth share for new non‑government schools

(2) The Commonwealth share for the school for the school’s first funding year is 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act).

(3) If the school’s first funding year is 2020 or 2021, the Commonwealth share for the school for a transition year after the first funding year is worked out in accordance with section 19A, 19B or 19C, as applicable.

Note: If a non‑government school’s first funding year is 2022 or later, this is also its last transition year: see subsection 19(2).

19E Notional starting share for non‑government schools

The notional starting share for a non‑government school for a year for the school is the percentage worked out using the following formula:

where:

CTC‑adjusted SRS amount for the school for the year has the meaning given by section 19F.

notional funding amount for the school for the year has the meaning given by section 19G.

19F CTC‑adjusted SRS amount

The CTC‑adjusted SRS amount for the school for the year is the amount that would have been the school’s total entitlement for the year if:

(a) the Commonwealth share for the school had been 100%; and

(b) the SES score or the CTC score for the school had been the CTC score of the school for the next year.

Note: SES score was defined in the Act as previously in force before the commencement of the Australian Education Amendment (Direct Measure of Income) Act 2020.

19G Notional funding amount

Notional funding amount for the school

(1) The notional funding amount for the school for the year is (subject to subsection (2)) the school’s total entitlement for the year.

Note: See section 12 of the Act for the definition of a school’s total entitlement for a year.

Exception—schools with a certain approved authority

(2) However, in 2019 the notional funding amount for the school for the year is the amount worked out under subsection (4) if the person who was the approved authority for the school in 2019 was also:

(a) the school’s approved authority in 2017; and

(b) the school’s approved system authority within the meaning of section 5 of this regulation as in force immediately before 1 January 2018.

(3) For the purposes of subsection (2), if:

(a) the school’s approved authority in 2017 was the school’s approved system authority within the meaning of section 5 of this regulation as in force immediately before 1 January 2018; and

(b) the school’s approved authority changed legal entity status after 2017;

the school’s approved authority in 2017 is taken to be the approved authority for the school in 2019.

(4) For the purposes of subsection (2), the amount is worked out under this subsection using the following formula:

where:

2017 school funding proportion for the school is the amount worked out by:

(a) identifying the amount of financial assistance paid to the school’s approved authority in accordance with Part 3 of the Act for 2017 that was allocated to the school for the year; and

(b) dividing that amount by the sum of the total entitlements of the approved authority’s schools for 2017 (not including a school for which the Minister has not made a determination under section 25 of the Act that applies to the school in either or both 2018 and 2019).

2019 approved authority total entitlement for the school is the sum of the total entitlements of the approved authority’s schools for 2019 (not including a school whose first funding year is 2018 or 2019).

Division 2—CTC score

21 CTC score

(1) For the purposes of subsection 52(4) of the Act, a school’s CTC score to be determined by the Minister must be the number worked out in accordance with this section.

CTC score for 2020 or 2021

(2) The number that is the CTC score for a school for 2020 or for 2021 is whichever of the following would, if it were the CTC score for the school for the year, result in the highest amount of financial assistance being payable to a State or Territory for the school for the year under Division 2 of Part 3 of the Act:

(a) the average DMI score;

(b) the 2016 SES score;

CTC score for 2022 or later years

(3) In working out the CTC score for a school for 2022 or a later year, the number is:

(a) the average DMI score for the school for the year; or

(b) the refined area based score for the school for the year worked out in accordance with section 23, if the Minister is satisfied that:

(i) it is not reasonably practicable to use the average DMI score for the school for the year; and

(ii) if less than 95% of the residential addresses included in a school’s statement of student addresses can be assigned to the Statistical Area Level 1 in which the addresses are located—it is still appropriate to work out a refined area based score for the school for the year.

Note: This section does not apply to a school if the Minister is satisfied that determining the school’s CTC score in accordance with this section would result in a CTC score that does not accurately reflect the capacity of the persons responsible for students at the school to contribute financially to the operation of the school (see subsection 52(4) of the Act).

22 Average DMI score

(1) A school’s average DMI score is:

(a) for 2020—the average of the DMI scores for the school for 2018 and 2019; or

(b) for a later year—the average of the DMI scores for the school for the 3 years before that year.

(2) A number worked out under subsection (1) must be rounded to the nearest whole number, rounding up a number that ends in .5.

(3) However, if, for 2022 or a later year, the number worked out under subsection (1) for a small school or a very small school for the year is 3 or more higher or 3 or more lower than the school’s CTC score for the previous year, the average DMI score is taken to be 2 higher or 2 lower (as applicable) than the school’s CTC score for the previous year.

(4) A school’s DMI score for a year is worked out as follows:

Method statement

Step 1. Use the DMI methodology document to determine the annual income of each person responsible for a student at the school for the year.

Step 2. Add the annual incomes of each person responsible for each student at the school for the year to work out the family income for each student.

Step 3. Use the family income for each student at the school for the year to calculate the median family income for the school for the year.

Step 4. Calculate the standardised and weighted family income for the school using the median family income of all schools for the year, the number of students at the school for the year and the number of students at all schools for the year as set out in the DMI methodology document. The result is the school’s DMI score for the year.

23 Refined area based score

(1) For the purposes of subparagraph 21(3)(b)(i), and without limiting that subparagraph, the Minister may be satisfied that it is not reasonably practicable to use the average DMI score for the school if:

(a) there is less than 3 years of information to calculate the average DMI score for the school for the year; or

(b) the number of persons responsible for students at the school for the year is too low to ensure that the CTC score does not identify information relating to a particular student or a person responsible for that student; or

(c) the information available to calculate step 2 of the method statement for the DMI score does not meet the standards in the document titled Capacity to Contribute Data Validation and Quality Assurance Process published by the Department and as in force from time to time.

Note: The Capacity to Contribute Data Validation and Quality Assurance Process document could in 2020 be viewed on the Department’s website (http://www.dese.gov.au).

Refined area based score

(2) The refined area based score for a school for a year is worked out using the following formula:

(3) A number worked out under subsection (2) must be rounded to the nearest whole number, rounding up a number that ends in .5.

Working out the school’s average SES dimension score for an SES dimension

(4) The school’s average SES dimension score for an SES dimension is, subject to subsection (5), worked out by:

(a) adding, for each residential address represented in the latest statement of student addresses, the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned; and

(b) dividing the result by the total number of those SES dimension scores.

Note: The SES dimension score of a Statistical Area Level 1 for an SES dimension:

(a) is worked out by the Department; and

(b) could in 2020 be viewed on the Department’s website (http://www.dese.gov.au).

(5) In working out an average SES dimension score under subsection (4), the Minister may include a residential address in the school’s statement of student addresses that was not included in that statement, but the Minister considers ought to have been.

24 SES score

2011 SES score

(1) The 2011 SES score for a school for a year is the number worked out using the formula in subsection (7) and the following information:

(a) if statements of student addresses were provided for the school between 2012 and 2016 (inclusive)—the most recent of those statements;

(b) otherwise—the oldest of the statements of student addresses provided for the school after 2016.

(2) A number worked out under subsection (1) must be rounded to the nearest whole number, rounding up a number that ends in .5.

(3) For each residential address represented in a statement of student addresses mentioned in subsection (1), the Minister must use the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned, as determined in the 2011 Census of Population and Housing.

Note: Information about the 2011 Census of Population and Housing could in 2020 be viewed on the Australian Bureau of Statistics website (http://www.abs.gov.au).

2016 SES score

(4) The 2016 SES score for a school for a year is the number worked out using the formula in subsection (7) and the oldest of the statement of student addresses for the school provided for 2017 or a later year.

(5) A number worked out under subsection (4) must be rounded to the nearest whole number, rounding up a number that ends in .5.

(6) For each residential address represented in a statement of student addresses mentioned in subsection (4), the Minister must use the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned, as determined in the 2016 Census of Population and Housing.

Note: Information about the 2016 Census of Population and Housing could in 2020 be viewed on the Australian Bureau of Statistics website (http://www.abs.gov.au).

Formula

(7) The following formula is to be used for the purposes of the 2011 SES score and the 2016 SES score:

Working out the school’s average SES dimension score for an SES dimension

(8) The school’s average SES dimension score for an SES dimension is, subject to subsection (9), worked out by:

(a) adding, for each residential address represented in a statement of student addresses, the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned; and

(b) dividing the result by the total number of those SES dimension scores.

Note: The SES dimension score of a Statistical Area Level 1 for an SES dimension:

(a) is worked out by the Department; and

(b) could in 2020 be viewed on the Department’s website (http://www.dese.gov.au).

(9) In working out an average SES dimension score under subsection (8), the Minister may include a residential address in the school’s statement of student addresses that was not included in that statement, but the Minister considers ought to have been.

24AAA Publication of CTC score if determined other than in accordance with this regulation

If the Minister makes a determination of a CTC score for a school other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act, the Minister must:

(a) publish, in a way the Minister considers appropriate, the CTC score for the school and the reasons for making the determination; and

(b) do so within 30 days of making the determination.

Note: The Minister must determine a school’s CTC score in accordance with this regulation unless the Minister is satisfied doing so would result in a CTC score that does not accurately reflect the capacity of the persons responsible for students at the school to contribute financially to the operation of the school: see subsection 52(4) of the Act.

Part 4—Capital and other funding

Division 1—Capital funding

24AA Base assistance amount

For the purposes of section 68 of the Act, the base assistance amount is:

(a) for 2018—$150,895,000; and

(b) for 2019—$160,920,000; and

24A Indexation percentage

For paragraph 68(3)(b) of the Act, the indexation percentage is:

(a) for 2015, 102.30%; and

(b) for 2016, 101.76%; and

24B Indexes of building prices and wage costs

For paragraph 68(4)(a) of the Act, the index of building prices and the index of wage costs is the composite index of construction activity costs in the Index Number for Australian and New Zealand Standard Industrial Classification, 2006 Class 3020 Non‑residential Building Construction Australia, published by the Australian Bureau of Statistics in Table 17 (Output of the Construction industries) in the Producer Price Indexes, Australia (Catalogue No. 6427.0), as it exists from time to time.

Division 2—Special circumstances funding

25 Special circumstances funding

For paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to in making a decision for a school for a year that special circumstances justify a determination under subsection 69(1) of the Act are:

(a) whether the special circumstances would not have been reasonably foreseeable by a competent approved authority; and

(b) whether the special circumstances would, or are likely to, result in severe financial difficulty requiring the school to cease a large part of its educational activities, or significantly lower the quality of the education it provides, during the year; and

(c) if the school were to receive financial assistance under subsection 69(1) of the Act, whether the school would be able to:

(i) resume operating satisfactorily within 2 years; or

(ii) continue operating until the end of the year; and

(d) whether, having exhausted all other options to remedy the financial situation of the school (including all alternative sources of financial assistance), there is still a need for financial assistance under subsection 69(1) of the Act to address the school’s immediate financial difficulties; and

(e) whether the approved authority for the school has complied with the Act and this regulation; and

(f) whether the approved authority for the school proposes to use any financial assistance provided under subsection 69(1) of the Act to pay any debts due to the Commonwealth that are recoverable by the Commissioner of Taxation; and

(g) whether the approved authority proposes to use any financial assistance provided under subsection 69(1) of the Act:

(i) in relation to the school, and the school has provided primary education or secondary education for less than 5 years; or

(ii) to lower the amount of debt the authority owes; or

(iii) as capital expenditure; and

(h) whether the approved authority requires financial assistance under subsection 69(1) of the Act as a result of a financial loss resulting from inadequate insurance for capital facilities.

Division 3—Funding in prescribed circumstances

25A Funding in prescribed circumstances

Schedule 1 has effect.

Note: Schedule 1 deals with financial assistance payable under sections 69A and 69B of the Act.

Division 4—Funding for non‑government representative bodies

25B Funding for non‑government representative bodies

(1) For the purposes of paragraph 130(2)(b) of the Act, for the purposes of determining under section 70 of the Act the amount of financial assistance that is payable to a State or Territory for a year for a non‑government representative body for a non‑government school, the Minister must have regard to the following matters:

(a) the Choice and Affordability Fund Guidelines;

(b) the Non‑Government Reform Support Fund Guidelines;

(c) any written arrangement entered into between the Secretary and the non‑government representative body relating to financial assistance payable to the body under Division 4 of Part 5 of the Act (funding for non‑government representative bodies);

(d) the amount specified in subsection (2) as the total amount of financial assistance under Division 4 of Part 5 of the Act for the matters set out in the Choice and Affordability Fund Guidelines for all non‑government representative bodies for the year.

(2) For the purposes of paragraph (1)(d), the total amount is:

(a) for 2020:

(i) for all non‑government representative bodies approved for non‑government schools that are Catholic systemic schools—$61.5 million; and

(ii) for all other non‑government representative bodies approved for non‑government schools—$41.5 million; and

(b) for each later year—the amount worked out by multiplying the total amount of financial assistance for the previous year by the SRS indexation factor for the current year.

Part 5—Approved authorities and bodies

Division 1—Basic requirements for authorities and bodies

26 Not‑for‑profit requirement

For paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to for the purposes of determining whether a person satisfies the requirement in subsection 75(3), 84(3) or 92(3) of the Act are:

(a) whether the person has not‑for‑profit status under a law of the Commonwealth, a State or a Territory; and

(b) whether:

(i) the person has financial policies and practices for a school in relation to which the person has applied to be an approved authority, block grant authority or non‑government representative body; and

(ii) if so, the quality of those policies and practices; and

(c) whether money derived from or relating to a school in relation to which the person has applied to be the approved authority, block grant authority or non‑government representative body:

(i) has been applied for the purposes of the school or for the purposes of the functions of the authority or body; or

(ii) has been distributed (whether directly or indirectly) to an owner of the authority or body, or any other person; and

(d) if the person is a body corporate—the requirements in any legislation under which the person is established, or in the person’s constitution.

Note: A law of the Commonwealth under which a person may have a not‑for‑profit status is the Australian Charities and Not‑for‑profits Commission Act 2012.

27 Financial viability requirement

For paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to for the purposes of determining whether a person satisfies the requirement in subsection 75(4), 84(4) or 92(4) of the Act are:

(a) whether the person is a body corporate that is being wound up; and

(b) whether the affairs of the person are under any form of external control (for example, the control of a manager) under a law of the Commonwealth, a State or a Territory; and

(d) whether the Minister considers that the person is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment; and

(e) whether an audit conducted in accordance with a law of the Commonwealth, a State or a Territory:

(i) is expressed to be qualified; or

(ii) expresses concern about the financial viability of the person.

28 Fit and proper person requirement

Requirements for approved authorities

(1) For paragraph 130(2)(b) of the Act, for the purposes of determining whether a person satisfies the requirement in subsection 75(5) of the Act, the Minister may have regard to:

(a) the experience and expertise of the person, and key individuals of the person, in administering a school and providing education at a school; and

(b) the person’s governance arrangements, including:

(i) arrangements for managing and supervising the provision of education at the school; and

(ii) arrangements to ensure compliance with the laws of the Commonwealth, a State or a Territory relating to the provision of school education; and

Requirements for all authorities and bodies

(2) For paragraph 130(2)(b) of the Act, for the purposes of determining whether a person satisfies the requirement in subsection 75(5), 84(5) or 92(5) of the Act, the Minister may have regard to:

(a) the person’s governance arrangements, including arrangements to receive independent and professional advice about the way in which the person complies with its obligations under the Act; and

(aa) whether there is in force an arrangement of a kind mentioned in subsections 11(2) and (3) (recovering debts) in relation to the person; and

(b) the record of financial management of the person, and key individuals of the person, taking into account whether the person or individual has been:

(i) bankrupt or insolvent; or

(ii) placed under external administration; and

(c) whether the person, or a key individual of the person, has been convicted of, or charged with, an offence, including an offence in relation to children, dishonesty or violence (subject to Part VIIC of the Crimes Act 1914); and

(d) whether the person, or a key individual of the person, has engaged in a deliberate pattern of immoral or unethical behaviour.

Division 2—Ongoing policy and funding requirements for authorities and bodies

Subdivision A—Spending, or committing to spend, financial assistance

29 Approved authorities

Recurrent funding

(1) For paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable to the authority in accordance with Division 2 of Part 3 of the Act (recurrent funding for schools) for the purpose of providing school education at a school for which the approved authority is approved.

(2) Without limiting subsection (1), the purpose mentioned in that subsection includes the following:

(a) salaries and other expenses relating to staff at the school, including expenses related to the professional development of the staff;

(b) developing materials related to the school’s curriculum;

(d) maintaining the school’s land and buildings;

(e) purchasing capital equipment for the school;

(g) in any case—administrative costs associated with the authority’s compliance with the Act and this regulation.

(3) Despite subsections (1) and (2), financial assistance must not be spent, or committed to be spent:

(a) as security for any form of loan, credit, payment or other interest; or

(b) for the preparation of or in the course of any litigation, except litigation by a State or Territory to recover a debt from an authority or body as mentioned in paragraph 11(4)(b); or

(i) the purchase of land or a building for the school;

(ii) the construction of a building or a part of the building for the school;

(iii) capital improvements for the school;

(iv) any form of loan, credit or other interest in relation to expenditure mentioned in subparagraphs (i) to (iii).

Note: See subsection 54(1) of the Act for schools whose capacity to contribute percentage is 0%.

(3A) The restriction in subparagraph (3)(c)(iv) does not extend to interest payments on the forms of loan, credit or other interest mentioned in that subparagraph.

Special circumstances funding

(4) For paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable to the authority under section 69 of the Act (special circumstances funding) in accordance with any written directions of the Minister.

(5) For the purposes of subsection (4), the Minister may give written directions to an approved authority.

Direction not legislative instrument

(6) A direction given under subsection (5) is not a legislative instrument.

Time limit for spending, or committing to spend, funding

(7) Financial assistance mentioned in subsection (1) or (4) must be spent, or committed to be spent:

(a) in the year in which the financial assistance is paid to the approved authority; or

(b) if a determination is made by the Minister under subsection (7A) for the approved authority—before the day, or within the period, specified in the determination.

(7A) For paragraph (7)(b), the Minister may determine, in writing, a day before, or a period within which, an approved authority must spend, or commit to spend, financial assistance mentioned in subsection (1) or (4).

Interest earned on financial assistance

(8) Any interest earned on financial assistance mentioned in subsection (1) or (4) must be spent, or committed to be spent, in the same way as the financial assistance.

30 Block grant authorities

(1) For paragraph 85(2)(a) of the Act, a block grant authority for a school must spend, or commit to spend, financial assistance that is payable to the authority under Division 2 of Part 5 of the Act (capital funding):

(a) on capital expenditure in relation to a school for which the block grant authority is approved; and

(b) in accordance with:

(i) any written directions of the Minister; and

(ii) the Capital Grants Program Guidelines.

(2) The financial assistance must (subject to subsections (3) and (3A)) be spent, or committed to be spent:

(a) in the year in which the financial assistance is paid to the block grant authority; or

(b) before a day, or within a period, determined by the Minister for the block grant authority.

(3) Subsection (3A) applies to financial assistance that:

(a) is paid to a block grant authority in accordance with the Act; and

(b) is recovered from:

(i) savings on capital expenditure; or

(ii) capital expenditure that has not proceeded.

(3A) The financial assistance must be spent, or committed to be spent:

(a) on alternative capital expenditure, in relation to a school for which the block grant authority is approved:

(i) within 12 months of the financial assistance being recovered; or

(ii) before a day, or within a period, determined by the Minister for the block grant authority; and

(b) in accordance with:

(i) any written directions of the Minister; and

(ii) the Capital Grants Program Guidelines.

(4) The block grant authority may retain any interest earned on financial assistance that is payable to the authority under Division 2 of Part 5 of the Act. However, the block grant authority must spend, or commit to spend, the interest on capital expenditure in relation to a school for which the block grant authority is approved, in accordance with:

(a) any written directions of the Minister; and

(b) the Capital Grants Program Guidelines.

(5) For the purposes of subsections (1), (3A) and (4), the Minister may give written directions to a block grant authority.

Direction not legislative instrument

(6) A direction given under subsection (5) is not a legislative instrument.

31 Non‑government representative bodies

(1) For paragraph 93(2)(b) of the Act, a non‑government representative body for a school must spend, or commit to spend, financial assistance that is payable to the body under Division 4 of Part 5 of the Act (funding for non‑government representative bodies):

(a) for the purpose of supporting school education; and

(b) in accordance with the Non‑Government Reform Support Fund Guidelines; and

(d) in accordance with any written arrangement entered into between the Secretary and the non‑government representative body relating to financial assistance payable to the body under Division 4 of Part 5 of the Act; and

(e) in accordance with any written directions of the Minister.

(4) Any interest earned on the financial assistance must be spent, or committed to be spent, in the same way as the financial assistance.

Subdivision B—Monitoring compliance of authorities and bodies

32 Application of this Subdivision

This Subdivision sets out requirements for monitoring compliance with the Act for:

(a) approved authorities for paragraph 78(2)(b) of the Act; and

(b) block grant authorities for paragraph 85(2)(b) of the Act; and

33 Minister may appoint authorised persons

The Minister may, in writing, appoint a person as an authorised person if the Minister is satisfied that the person has suitable qualifications or experience.

34 Certificate to be given to Secretary

(1) An approved authority, block grant authority or non‑government representative body for a school must give the Secretary a certificate that relates to a year.

(2) The certificate must be prepared and certified by:

(a) for an approved authority for a government school located in a State or Territory:

(i) the Auditor‑General of the State or Territory; or

(ii) an independent third party agreed to by the Minister; or

(iii) the Chief Executive Officer (however described) of the approved authority; or

(iv) the Chief Financial Officer (however described) of the approved authority; or

(b) for any other authority or body—a qualified accountant who is independent from the approved authority, block grant authority or non‑government representative body.

(3) The certificate:

(a) for an approved authority or a non‑government representative body—must state:

(i) the amount of financial assistance paid to the authority or body in accordance with the Act in the year that has been spent in accordance with section 29 or 31 or a provision of Schedule 1 (as the case requires); and

(ii) the amount of financial assistance paid to the authority or body in accordance with the Act in the year that has been committed to be spent in accordance with section 29 or 31 or a provision of Schedule 1 (as the case requires); and

(iii) whether interest earned on financial assistance paid to the authority or body in accordance with the Act has been spent, or committed to be spent, in the year in accordance with section 29 or 31 or a provision of Schedule 1 (as the case requires); and

(iv) the amount of financial assistance paid to the authority or body in accordance with the Act in a previous year that has been spent, or committed to be spent, in the year in accordance with section 29 or 31 or a provision of Schedule 1 (as the case requires), including any amounts of such financial assistance committed in a previous year but spent in the current year; and

(b) for a block grant authority—must state:

(i) the amount of financial assistance paid to the authority in accordance with the Act in the year that has been spent, or committed to be spent, in accordance with section 30; and

(ii) whether interest earned on financial assistance paid to the authority in accordance with the Act has been spent, or committed to be spent, in the year in accordance with section 30; and

(i) on or before 30 June of the next year, or another day determined by the Minister; and

(ii) in a way or ways (if any) determined by the Minister.

(4) In this section:

qualified accountant means:

(a) a qualified accountant within the meaning of the Corporations Act 2001; or

(b) a person registered (or taken to be registered) as an auditor under the Corporations Act 2001; or

(5) For paragraph (c) of the definition of qualified accountant in subsection (4), the Minister may approve a person if the Minister is satisfied that the person has relevant qualifications or experience.

35 Requirement relating to financial assistance and financial operations—government schools

(1) An approved authority for government schools located in a State or Territory must give the Secretary a report for each year that includes the following:

(a) the total amount of financial assistance paid in accordance with the Act that is allocated by the authority to the schools for the year;

(b) for each school—the amount of financial assistance paid in accordance with the Act that is allocated by the authority to the school for the year;

(ba) for each school—the amount of financial assistance paid in accordance with the Act and allocated by the authority to the school because the circumstances mentioned in Schedule 1 applied in relation to the school for the year;

(c) for each school—information showing how the amount mentioned in paragraph (b) was determined in accordance with the authority’s needs‑based funding arrangement;

(e) the total amount of financial assistance paid in accordance with the Act to the authority that is not allocated by the authority to the schools.

Note: For paragraph (c), see subsection 78(3) of the Act in relation to needs‑based funding arrangements for approved authorities for more than one school.

(1A) Despite subsection (1), an approved authority is not required to include the information mentioned in paragraph (1)(ba) in a report for a year if the Minister has not requested, in writing, the approved authority to do so in relation to that year.

(2) The report must be prepared by:

(a) the Auditor‑General of the State or Territory; or

(b) an independent third party agreed to by the Minister; or

(d) the Chief Financial Officer (however described) of the approved authority.

(3) The report must be given to the Secretary:

(a) no later than a day or days (if any) determined by the Minister; and

(b) in a way or ways (if any) determined by the Minister.

36 Requirement relating to financial assistance and financial operations—non‑government schools

(1) An approved authority for a non‑government school must give the Secretary a report for each year that includes the following:

(a) the total amount of financial assistance paid in accordance with the Act that is allocated by the authority to the school for the year;

(c) a statement about how the financial assistance paid in accordance with the Act was used, or is intended to be used, by the authority and the school;

(d) a statement about whether the authority and the school have in place satisfactory internal accounting systems, controls and procedures for records kept by the authority in accordance with section 37;

(e) a statement about the financial operations of the authority and the school, that includes the authority’s financial viability, funding sources and the following:

(i) recurrent income and expenditure;

(ii) capital income and expenditure;

(iii) trading activities;

(iv) loans for recurrent or capital purposes;

(v) assets and liabilities;

(vi) any other financial information required by the Minister;

(vii) refundable enrolment deposits;

(f) the total amount of financial assistance paid in accordance with the Act to the authority that is not allocated by the authority to a school;

(fa) for an approved authority that is an approved system authority—the amount of financial assistance paid in accordance with the Act and allocated by the authority to a school because the circumstances mentioned in Schedule 1 applied in relation to the school for the year;

(g) for an approved authority for more than one school—information showing how each amount mentioned in paragraph (a) for a school was determined in accordance with the authority’s needs‑based funding arrangement.

Note: For paragraph (g), see subsection 78(3) of the Act in relation to needs‑based funding arrangements for approved authorities for more than one school.

(1A) Despite subsection (1), an approved authority is not required to include the information mentioned in paragraph (1)(fa) in a report for a year if the Minister has not requested, in writing, the approved authority to do so in relation to that year.

(2) The report must:

(a) identify any records kept by the authority in accordance with section 37; and

(b) include a copy of any financial statement prepared in accordance with section 38; and

(3) The report must not include any information that would identify a donor as a funding source of the school.

(4) The report must be given to the Secretary:

(a) no later than a day or days (if any) determined by the Minister; and

(b) in a way or ways (if any) determined by the Minister.

(5) A block grant authority for a non‑government school must give the Secretary a report or reports for each year in accordance with the Capital Grants Program Guidelines.

(6) A non‑government representative body for a non‑government school must give the Secretary a report or reports for each year in accordance with:

(a) the Choice and Affordability Fund Guidelines; and

(b) the Non‑Government Reform Support Fund Guidelines; and

37 Requirement to keep records

(1) An approved authority, block grant authority or non‑government representative body for a school must keep records relating to:

(a) the authority or body’s compliance with the Act and this regulation; and

(b) for an approved authority, block grant authority or non‑government representative body for a non‑government school—the financial administration of the authority or body; and

(i) the financial administration of the school;

(ii) capital expenditure in relation to land or buildings at or for the school, including expenditure by contractors and sub‑contractors carrying out works in relation to that capital expenditure.

(2) The records of an approved authority, block grant authority or non‑government representative body for a non‑government school must:

(a) be identifiably separate from other records that the authority or body may hold for the purposes of other undertakings the authority or body conducts or to which the authority or body is related; and

(b) identify all income and expenditure that relates to any financial assistance paid to the authority or body in accordance with the Act.

(3) A record kept under this section must be kept for 7 years.

(4) Without limiting subsection (1), records relating to an approved authority’s compliance with the Act or this regulation include records relating to enrolments and attendance rolls at schools for which the authority is approved.

38 Requirement for authorities or bodies for non‑government schools to prepare and audit financial statements

An approved authority, block grant authority or non‑government representative body for a non‑government school must:

(a) prepare financial statements in accordance with the Australian Accounting Standards that relate to any money received by the authority or body in a year; and

(b) have those statements audited in accordance with the Australian Auditing Standards and generally accepted auditing practices.

39 Requirements for access to records and premises

(1) An approved authority, block grant authority or non‑government representative body for a school must (subject to subsection (6)) comply with the requirements mentioned in this section.

(2) The authority or body must allow an authorised person full and free access to any record relating to:

(a) the authority or body’s compliance with the Act and this regulation; and

(b) for an authority or body for a non‑government school—the financial administration of the authority or body; and

(3) The authority or body must allow the authorised person to take extracts from, or make copies of, the records.

(4) An approved authority, block grant authority or non‑government representative body for a non‑government school must allow an authorised person to have the following for a purpose mentioned in subsection (2) or (3):

(a) full and free access to any premises occupied by the authority or body in its capacity as such an authority or body;

(b) for an approved authority for a non‑government school—full and free access to the school, and a location of the school:

(i) to inspect the school; and

(ii) to count students at the school.

(5) An approved authority, block grant authority or non‑government representative body for a school must give or arrange for any help that the authorised person requires in exercising a power under this section.

(6) An authority or body is not required to comply with subsections (2) to (5) unless:

(a) the authorised person gives reasonable notice to the authority or body of any access required under subsection (2) or (4); and

(b) that access occurs at reasonable times.

(7) An authorised person must seek and consider the views of the relevant authority or body on any access required by the authorised person under subsection (2) or (4).

39A Requirement to provide information and records

(1) A block grant authority, non‑government representative body or an approved authority for a non‑government school must provide the Minister or an authorised person with any information or records requested by the Minister or authorised person that relate to the following:

(a) the authority or body’s compliance with the Act and this regulation;

(b) the financial administration of the authority or body;

(2) The information or records must be provided in the manner, and by the day, specified by the Minister or the authorised person.

40 Requirement to keep Minister informed

An approved authority, block grant authority or non‑government representative body for a school must notify the Minister, in writing, if there are any changes to:

(a) any information in the authority or body’s approval under Part 6 of the Act; or

(b) for an authority (other than an approved system authority) or body for a non‑government school—any of the key individuals of the authority or body; or

(c) for an approved system authority—a person who is, or who is acting in the capacity of, the chief executive officer or chief finance officer (however described) of the authority.

Division 3—Ongoing policy requirements for approved authorities

Subdivision B—Implementing a curriculum

42 Implementing a curriculum

(1) For paragraph 77(2)(b) of the Act, an approved authority for a school must implement at the school:

(a) the Australian Curriculum that is authorised by the Ministerial Council from time to time; or

(b) if ACARA assesses another curriculum as allowing comparable outcomes to the Australian Curriculum authorised by the Ministerial Council, and that curriculum is included in ACARA’s Recognition Register—that curriculum.

(2) An approved authority for a school must fully implement a curriculum, mentioned in subsection (1), in learning areas, and by the times, agreed by the Ministerial Council from time to time.

(3) An approved authority for a school fully implements a curriculum at a school by teaching, assessing and reporting on student achievement using the content and achievement standards in the curriculum.

Subdivision C—National Assessment Program

43 Student assessments

(1) For paragraph 77(2)(c) of the Act, an approved authority for a school ensures that the school participates in the National Assessment Program by requiring that:

(a) the assessments mentioned in column 1 of items 1 to 3 of the table in this subsection are undertaken; and

(b) any other assessments mentioned in column 1 of the table are undertaken if the school is selected in a sample; and

(c) the assessments mentioned in the table are undertaken by the students at the school mentioned in column 3 of the table; and

(d) other assessments are undertaken as agreed by the Ministerial Council.

Note: The other assessments mentioned in paragraph (d) would be outlined on the NAP website. In 2016, this website was accessible at http://www.nap.edu.au.

Assessments
Item	Column 1 Assessments	Column 2 How frequently the assessments must be undertaken	Column 3 Who must undertake the assessments
1	NAP annual assessment in reading, writing and language conventions	Once a year	Students in each of years 3, 5, 7 and 9
2	NAP annual assessment in numeracy	Once a year	Students in each of years 3, 5, 7 and 9
3	NAP annual assessment in science literacy	Once a year from the year determined by the Ministerial Council	Students in each of the years determined by the Ministerial Council
4	NAP sample assessment in science literacy	Once in 2015 and in each year determined by the Ministerial Council	Selected students in year 6
5	NAP sample assessment in civics and citizenship	Once in 2016 and in each year determined by the Ministerial Council	Selected students in years 6 and 10
6	NAP sample assessment in ICT literacy	Once in 2017 and in each year determined by the Ministerial Council	Selected students in years 6 and 10
7	PISA assessment in reading, mathematical and scientific literacy, and innovation	Once every 3 years beginning in 2015	Selected students aged 15
8	TIMSS assessment in mathematics and science	Once every 4 years beginning in 2015	Selected students in years 4 and 8
9	PIRLS assessment in reading literacy	Once every 5 years beginning in 2016	Selected students in year 4

(2) The assessments must be undertaken:

(a) with the frequency mentioned in column 2 of the table; and

(b) no later than a day or days determined by the Minister.

Note: The performance of students in the assessments is reported under section 53.

(3) An approved authority for a school must provide to ACARA the following information about each student at the school who is required to undertake an assessment mentioned in items 1 to 6 of the table in subsection (1):

(a) the student’s result in the assessment, or if the student did not undertake the assessment, an indication of that fact;

(b) the information specified in:

(i) the Data Standards Manual: Student Background Characteristics; and

(ii) for an assessment mentioned in items 1 and 2 of that table—the NAPLAN Online Data Extract Dictionary.

(3A) The information mentioned in subsection (3) must be provided to ACARA:

(a) no later than the day or days determined by the Minister; and

(b) in a way or ways (if any) determined by the Minister.

(4) An approved authority for a school must participate in all activities associated with the NAP, in accordance with any written directions of the Minister.

(5) For the purposes of subsection (4), the Minister may, in writing, give a written direction to an approved authority for a school.

Direction not legislative instrument

(6) A direction given under subsection (5) is not a legislative instrument.

Subdivision E—Information relating to a school’s census

46 Providing information about a school’s census

(1) For paragraph 77(2)(f) of the Act, an approved authority for a school must provide information each year to the Secretary relating to the school’s census in accordance with this section.

(2) The approved authority for a school must provide the relevant information mentioned in sections 47 to 50.

(3) The information must be included in a census return:

(a) for each location of the school; and

(b) in the form and manner approved by the Secretary.

(4) A single census return provided by an approved authority for more than one school may include the information for more than one school.

(5) A census return for a year for a non‑government school must be given to the Secretary:

(a) no later than 7 days after the school’s census day for the year; or

(b) if the Secretary allows a longer period (whether before or after the period mentioned in paragraph (a))—before the end of that longer period.

(6) A census return for a year for a government school must be given to the Secretary by the day determined by the Minister.

47 Government schools—information about the schools

The following information about government schools located in a State or Territory must be included in a census return for the schools for a year:

(a) the name of each school;

(b) the street address of each location of each school;

(d) whether each school is a primary school, a secondary school or a combined school;

(e) whether each school is a special school or a special assistance school.

48 Government schools—information about students

(1) The following information about students included in government schools’ census day enrolments for a year must be included in a census return for the schools for the year:

(a) the number of students at each school for the year;

(b) for each year of schooling at each school—the number of students at the school in each of the following categories:

(i) Aboriginal and Torres Strait Islander students;

(iii) distance education students.

Note: For the number of students at a school for the year, see section 16 of the Act.

(2) For each year of schooling, the number of:

(a) overseas students; and

(b) students who hold or are included in a visa in force under the Migration Act 1958;

included in government schools’ census day enrolments for a year must also be included in a census return for the schools for the year.

(3) An overseas student is taken to be a student for the purposes of subsection (2).

(4) Information must not explicitly identify any student.

(5) If a government school has more than one location, the information mentioned in subsection (1) or (2) (except for subparagraph (1)(b)(iii)) must be provided for each location of the school.

49 Non‑government schools—information about the school

The following information about a non‑government school must be included in the school’s census return for a year:

(a) the name of the school;

(b) the street address of each location of the school;

(d) the school’s email address;

(e) the years of schooling offered by the school;

(f) whether the school is a primary school, a secondary school or a combined school;

(g) whether the school is a special school or a special assistance school;

(h) the number of staff at the school in the following categories on the school’s census day for the year:

(i) teaching staff;

(ii) staff who are not teaching staff;

(iii) full‑time staff;

(iv) part‑time staff;

(v) full‑time equivalent staff;

(vi) Aboriginal and Torres Strait Islander staff;

(vii) if the school is a combined school—full‑time equivalent staff providing primary education and full‑time equivalent staff providing secondary education;

(viii) if students board at the school—full‑time equivalent staff with boarding duties and full‑time equivalent staff without boarding duties.

50 Non‑government schools—information about students

(1) The following information about students included in a non‑government school’s census day enrolment for a year must be included in the school’s census return for the year:

(a) the number of students at the school for the year, and the number of full‑time and part‑time students at the school for the year;

(b) for each year of schooling—the number of students at the school in each category that is defined by reference to the following characteristics as specified, in writing, by the Secretary:

(i) age;

(ii) sex;

(iii) Aboriginal and Torres Strait Islander students;

(v) distance education students;

(vi) students who board.

(2) For each year of schooling, the number of:

(a) overseas students; and

(b) students who hold or are included in a visa in force under the Migration Act 1958;

included in a non‑government school’s census day enrolment for a year must also be included in the school’s census return for the year.

(3) An overseas student is taken to be a student for the purposes of subsection (2).

(4) Information must not explicitly identify any student.

(5) If a non‑government school has more than one location, the information mentioned in subsection (1) or (2) (except for subparagraph (1)(b)(v)) must be provided for each location of the school.

Subdivision F—Information for the purposes of a national program to collect data on schools and school education

52 Information for the purposes of a national program to collect data on schools and school education

(1) For paragraph 77(2)(f) of the Act, an approved authority for a school must provide information mentioned in sections 53 to 58B in relation to the school.

(2) Information mentioned in section 53 must be given to the Minister:

(a) no later than:

(i) if the Minister determines a day or days—that day or those days; or

(ii) otherwise—a day or days that will allow publication of the report within one year after the end of each year; and

(b) in a way or ways (if any) determined by the Minister.

(3) Information mentioned in sections 55 to 57 must be given to ACARA:

(a) no later than:

(i) if ACARA determines a day or days—that day or those days; or

(ii) otherwise—a day or days that will allow publication of the report within one year after the end of each year; and

(b) in a way or ways (if any) determined by ACARA.

(3A) Information mentioned in section 58A must be given:

(a) to the Department, or a person determined by the Minister for the purposes of this paragraph; and

(b) by the day determined by the Minister; and

(3B) In determining a matter under subsection (3A), the Minister must have regard to the Ministerial Council disability guidelines for the year.

(3C) Information mentioned in section 58B must be given:

(a) to the Department; and

(b) by the day determined by the Minister; and

(4) The Minister may, in writing, determine a period (the reporting period) to which information, or a specified class of information, must relate.

Determination not legislative instrument

(5) A determination made under subsection (4) is not a legislative instrument.

53 Required information—performance measures

The performance measures for students at a school must be provided as mentioned in section 52.

Performance measures
Item	Performance measures
1	The performance measures for English literacy are: (a) the percentage of students at or above the national minimum standard in each of years 3, 5, 7 and 9 in the NAP annual assessment in each of reading, writing and language conventions for the reporting period; and (b) the percentage of students, during the reporting period, in each of those years in each of the following categories: (i) students who participated in those assessments; (ii) students who were absent from those assessments; (iii) students who were exempted from those assessments; (iv) students who were withdrawn from those assessments; and (c) the NAP mean scale scores for reading, writing and language conventions for the reporting period; and (d) the percentage of selected students achieving at or above the proficient standard (level 3) on the PISA assessment combined reading literacy scale for the reporting period; and (e) the percentage of selected students achieving at or above the proficient standard (intermediate international benchmark) on the PIRLS reading literacy scale for students in year 4 for the reporting period.
2	The performance measures for numeracy and mathematics are: (a) the percentage of students at or above the national minimum standard in each of years 3, 5, 7 and 9 in the NAP annual assessment in numeracy for the reporting period; and (b) the percentage of students, during the reporting period, in each of those years in each of the following categories: (i) students who participated in that assessment; (ii) students who were absent from that assessment; (iii) students who were exempted from that assessment; (iv) students who were withdrawn from that assessment; and (c) the NAP mean scale scores for numeracy for the reporting period; and (d) the percentage of selected students achieving at or above the proficient standard (level 3) on the PISA assessment combined mathematical literacy scale for the reporting period; and (e) the percentage of selected students achieving at or above the proficient standard (intermediate international benchmark) on the TIMSS mathematics assessment scale for students in each of years 4 and 8 for the reporting period.
3	The performance measures for science are: (a) the percentage of selected students achieving at or above the proficient standard (level 3.2) for the NAP sample assessment in science literacy for students in year 6 for the reporting period; and (b) for the year determined by the Ministerial Council and for each later year, the percentage of students in each of the years determined by the Ministerial Council at each level of proficiency in the NAP annual assessment in science literacy for the reporting period, including specific reference to the national minimum standards; and (c) for paragraph (b), the percentage of students, during the reporting period, in each of the years determined in each of the following categories: (i) students who participated in that assessment; (ii) students who were absent from that assessment; (iii) students who were exempted from that assessment; (iv) students who were withdrawn from that assessment; and (d) for paragraph (b), the NAP mean scale scores for science literacy for the reporting period; and (e) the percentage of selected students achieving at or above the proficient standard (level 3) on the PISA assessment combined scientific literacy scale for the reporting period; and (f) the percentage of selected students achieving at or above the proficient standard (intermediate international benchmark) on the TIMSS science assessment scale for students in each of years 4 and 8 for the reporting period.
4	The performance measures for civics and citizenship are the percentages of selected students achieving at or above the proficient standard for the NAP sample assessment in civics and citizenship, which is set at the following levels for the reporting period: (a) for students in year 6—level 2; (b) for students in year 10—level 3.
5	The performance measures for ICT literacy are the percentages of selected students achieving at or above the proficient standard for the NAP sample assessment in ICT literacy, which is set at the following levels for the reporting period: (a) for students in year 6—level 3; (b) for students in year 10—level 4.
6	The performance measure for vocational education and training is the percentage of selected students aged 15 to 19 years who successfully completed at least one unit of competency as part of a vocational education and training qualification at the Australian Qualifications Framework Certificate II or above during the reporting period.
7	The performance measures for student participation are: (a) the attendance rate for students in the reporting period; and (b) the proportion of students who attended school 90% or more of the time during the reporting period; and (c) the apparent retention rates from year 10 to year 12 for the reporting period.

Note 1: See subsection 4(2) for who may be taken into account for the purposes of determining the attendance rate at a school.

Note 2: An approved authority for a school is not required to provide the performance measures for an assessment mentioned in any of items 4 to 8 of the table in subsection 43(1) unless the school is selected in the sample for the assessment.

54 Form of information—performance measures

(1) The percentages mentioned in paragraphs (a) and (b) of items 1 and 2, paragraphs (a) to (c) of item 3, and items 4 and 5, of the table in section 53 must be in a form that enables the publication of information to be broken down into the following categories:

(a) sex;

(b) Aboriginal and Torres Strait Islander students;

(d) language background;

(e) disability;

(f) geographic location.

(2) The percentages mentioned in paragraph (d) of item 1, paragraphs (d) and (e) of item 2, paragraphs (e) and (f) of item 3, and the information mentioned in item 7, of the table in section 53 must be in a form that enables the publication of information to be broken down into the following categories:

(a) sex;

(b) Aboriginal and Torres Strait Islander students;

(d) geographic location;

(e) either:

(i) students in each of years 1 to 10; or

(ii) ungraded primary or secondary students.

(3) In subsections (1) and (2):

(a) the categories mentioned in paragraphs (1)(a) to (e) and (2)(a) to (c) are as described in the Data Standards Manual: Student Background Characteristics; and

(b) the category mentioned in paragraphs (1)(f) and (2)(d) is as approved by the Ministerial Council at its meeting in July 2001.

55 Required information—general information

The following information about a school must be provided as mentioned in section 52:

(a) a short statement about the school that may include information about any of the following matters:

(i) the school’s mission;

(ii) the school’s values;

(iii) the school’s focus;

(iv) the school’s philosophy;

(v) the school’s achievements;

(vi) the school’s curriculum strengths;

(vii) any specialist programs offered by the school;

(viii) any student welfare programs offered by the school;

(ix) any extra curricular activities offered by the school;

(x) affiliations (if any) of the school;

(b) whether the school is part of the Catholic school sector, the independent school sector or the government school sector;

(i) the number of teaching staff, and full‑time equivalent teaching staff, at the school; and

(ii) the positions of teaching staff at the school; and

(iii) the number of teaching staff at the school at each level of the Australian Professional Standards for Teachers;

(d) the number of staff who are not teaching staff at the school during the reporting period, including the number of full‑time equivalent staff who are not teaching staff at the school;

(e) a statement about whether students, parents and teachers were satisfied with the school during the reporting period, including (if applicable) data collected using the National School Opinion Survey;

(f) a statement of the financial information for a school during the reporting period that complies with the My School ACARA FDWG 2011 Financial Data Reporting Methodology.

Note: In 2013, the My School ACARA FDWG 2011 Financial Data Reporting Methodology was accessible at http://www.acara.edu.au.

56 Required information—information about a school’s students

The following information about a school’s students must be provided as mentioned in section 52:

(a) the total number of full‑time equivalent students at the school during the reporting period;

(b) the number of students at the school during the reporting period who have a language background other than English;

(d) the attendance rate for each of the following categories during the reporting period:

(i) sex;

(ii) year of schooling;

(iii) Aboriginal and Torres Strait Islander students;

(e) student results, which do not identify students, from each of the NAP annual assessments at the school for each of the years required to undertake the assessments;

(f) any other information that is specified in the Data Standards Manual: Student Background Characteristics, but not so as to explicitly identify any student.

Note: See subsection 4(2) for who may be taken into account for the purposes of determining the attendance rate at a school.

57 Required information—secondary schools and combined schools

For a secondary school or a combined school, the following information must be provided as mentioned in section 52:

(a) the number of students at the school who participated in vocational education and training during the reporting period, including for each of those students:

(i) the number who were enrolled in a vocational education and training course (if any); and

(ii) the number of vocational education and training qualifications (if any) that were completed; and

(iii) the level of vocational education and training qualifications (if any) that were completed; and

(iv) the industry with which each vocational education and training course enrolled in was associated;

(b) the number of students at the school who undertook a school‑based apprenticeship during the reporting period;

(d) the number of students at the school who attained year 12 (or an equivalent level) during the reporting period;

(e) the number of students at the school who at the end of their schooling completed a qualification other than year 12 (or an equivalent level) during the reporting period;

(f) a statement of the tertiary entrance results (if any) of students at the school after the end of the students’ schooling;

(g) a statement of the destination of students at the school after the end of the students’ schooling.

58 Form of information—information required under sections 55 to 57

The Minister may, by legislative instrument, determine categories into which information, or a class of information, required under section 55 to 57 is to be broken down.

58A Required information—students with disability

(1) The information in subsection (2) must be provided, as mentioned in section 52, in relation to each student with disability at the school.

(2) The information is:

(b) the student’s category of disability; and

(ca) the student’s year of schooling; and

(cb) if the student is not undertaking a full‑time study load, the fraction of the full‑time study load that the student is undertaking; and

(d) any other information required, by the Ministerial Council disability guidelines for the year, to be reported; and

(e) any other information determined by the Minister, by legislative instrument, for the purposes of this paragraph.

(2A) An overseas student is taken to be a student for the purposes of this section.

(3) The information must not explicitly identify a student.

(3A) If a school has more than one location, the information mentioned in subsection (1) or (2) must be provided for each location of the school.

(4) In this section:

category of disability has the same meaning as in the Ministerial Council disability guidelines for the year.

level of adjustment has the same meaning as in the Ministerial Council disability guidelines for the year.

58B Required information—information about students at certain schools

(1) The information in subsection (2) must be provided, as mentioned in section 52, in relation to each student at a school unless the school is:

(a) a government school; or

(b) a special school; or

(d) a school that is a majority Aboriginal and Torres Strait Islander school for a year; or

(e) a sole provider school.

(2) The information is:

(a) the name and residential address of each person responsible for the student; and

(aa) the residential address of the student; and

(ab) whether the student is a distance education student; and

(b) whether the student is a primary student or secondary student; and

(d) any other information determined by the Minister, by legislative instrument, for the purposes of this paragraph.

(3) If the school has more than one location, the information must be provided for each location of the school.

Subdivision G—Reports to persons responsible for students at a school

59 Student reports

(1) For paragraph 77(2)(f) of the Act, an approved authority for a school must provide a report to each person responsible for each student at the school in accordance with this section.

(2) A report must be readily understandable to a person responsible for a student at the school.

(3) A report must be given to each person responsible for the student at least twice a year.

(4) For a student who is in any of years 1 to 10, the report must:

(a) give an accurate and objective assessment of the student’s progress and achievement, including an assessment of the student’s achievement:

(i) against any available national standards; and

(ii) relative to the performance of the student’s peer group; and

(iii) reported as A, B, C, D or E (or on an equivalent 5 point scale) for each subject studied, clearly defined against specific learning standards; or

(b) contain the information that the Minister determines is equivalent to the information in paragraph (a).

Note: An approved authority for a school may have obligations under the Privacy Act 1988 in providing information.

(5) For paragraph (4)(b), the Minister may, in writing, determine information that the Minister considers is equivalent to the information in paragraph (4)(a).

Determination not legislative instrument

(6) A determination under subsection (5) is not a legislative instrument.

Subdivision H—Making information publicly available annually

60 Making information publicly available annually

(1) For paragraph 77(2)(f) of the Act, the following information for a school must be publicly available within 6 months after the end of a year:

(a) contextual information about the school, including the characteristics of students at the school;

(b) teacher standards and qualifications (as mandated in the State or Territory in which the school is located);

(d) student attendance at the school, including:

(i) the attendance rates for each year of schooling; and

(ii) a description of how non‑attendance is managed by the school;

(e) student results in NAP annual assessments;

(f) parent, student and teacher satisfaction with the school, including (if applicable) data collected using the National School Opinion Survey;

(g) school income broken down by funding source;

(h) for a school that provides secondary education:

(i) senior secondary outcomes, including the percentage of year 12 students undertaking vocational training or training in a trade and the percentage of year 12 students attaining a year 12 certificate or equivalent vocational education and training qualification; and

(ii) post‑school destinations.

Note 1: The information need not be made separately publicly available for the purposes of this section if it has been made publicly available for some other purpose, provided that subsection (3) is also complied with.

Note 2: See subsection 4(2) for who may be taken into account for the purposes of determining the attendance rate at a school.

(2) The information mentioned in subsection (1) is the minimum information required, and this section does not prevent an approved authority for a school from making other information publicly available.

(3) The approved authority for a school must:

(a) make the information publicly available on the internet; and

(b) make arrangements to provide the information, on request, to a person who is responsible for a student and is unable to access the internet.

Note: An approved authority for a school may have obligations under the Privacy Act 1988 in providing information.

Division 4—Ongoing policy requirements for block grant authorities and non‑government representative bodies

62 Information to the public about financial assistance

(1) For paragraphs 85(2)(c) and 93(2)(d) of the Act, a block grant authority, or non‑government representative body, for a non‑government school must publish the following information each year:

(a) for a block grant authority:

(i) the amount of financial assistance (if any) provided in the year under Division 2 of Part 5 (capital funding) of the Act to the authority; and

(ii) the application of that financial assistance;

(b) for a non‑government representative body:

(i) the amount of financial assistance (if any) provided in the year under Division 4 of Part 5 (funding for non‑government representative bodies) of the Act to the body; and

(ii) the application of that financial assistance;

(d) how decisions of the authority or body to allocate financial assistance are reviewed.

Note: For example, information mentioned in this subsection may be published on the internet.

(2) The information mentioned in subsection (1) is the minimum information required, and this section does not prevent the authority or body from making other information publicly available.

Note: The authority or body may have obligations under the Privacy Act 1988 in providing information.

Division 5—Former approved authorities and bodies

62A Continuing requirements

(1) For the purposes of subsection 96A(1) of the Act, this section prescribes requirements that must be met by a person who was:

(a) an approved authority for a school; or

(b) a block grant authority for a school; or

(2) The person must meet the requirements set out in Division 2 as if:

(a) section 36, subsections 37(1), (2) and (4) and section 38 applied in relation only to a year in which the person spent, or committed to spend, financial assistance provided under the Act; and

(b) section 40 were omitted.

Part 6—Actions Minister may take for failure to comply with the Act or this regulation, and to require amounts to be repaid

63 Limits on recovery of overpayments, recoverable payments and other unpaid amounts

This section prescribes, for subsection 110(3) of the Act, limits on amounts that may be determined under paragraph 110(1)(a) or (b) of the Act (actions the Minister may take for failure to comply with the Act).

Limits on recovery of overpayments, recoverable payments and other unpaid amounts
Item	If Division 2 of Part 8 of the Act applies to a State or Territory because ...	the amount that may be determined by the Minister under paragraph 110(1)(a) or (b) of the Act must not exceed ...
1	as mentioned in subsection 109(1) of the Act, the Commonwealth makes an overpayment under the Act to the State or Territory	the amount of the excess referred to in paragraph (b) of the relevant subsection in section 9 of the Act (definition of overpayment).
2	as mentioned in subsection 109(2) of the Act, the Commonwealth makes a recoverable payment under the Act to the State or Territory	the amount of the recoverable payment.
3	as mentioned in paragraph 109(3)(b) of the Act, the whole or part of an amount has not been repaid	the amount that has not been repaid as mentioned in paragraph 109(3)(b) of the Act.

64 Recovering capital funding when a school ceases to provide education

(1) For subsection 109(4) of the Act, an amount (the capital funding amount) of financial assistance, mentioned in paragraph 109(4)(a) of the Act, that is provided for a school is recoverable if:

(a) the capital funding amount is included in column 1 of an item of the table in this subsection; and

(b) the school ceases to provide any primary education or secondary education in the period mentioned in column 2 of that item.

When a capital funding amount may be recovered
Item	Column 1 Capital funding amount	Column 2 Designated use period
1	$75 001 to $500 000	2 years plus one additional year for each $50 000 of financial assistance that is over $100 000
2	$500 001 to $1.5 million	10 years plus one additional year for every $100 000 of financial assistance that is over $500 000
3	Over $1.5 million	20 years

(2) If the school ceases to provide primary education or secondary education during the first half of the period specified in column 2 of an item in the table in subsection (1), the amount specified under paragraph 110(1)(a) or (b) of the Act must not exceed the capital funding amount.

Note 1: Paragraphs 110(1)(a) and (b) of the Act allow the Minister to require a State or Territory to repay an amount and reduce the amount that is payable to a State or Territory.

Note 2: Subsections (2) and (3) are prescribed for subsection 110(3) of the Act.

(3) If the school ceases to provide primary education or secondary education during the second half of the period specified in column 2 of an item of the table in subsection (1), the amount specified under paragraph 110(1)(a) or (b) of the Act must not exceed the amount that remains if, each year in the second half of the period, the capital funding amount were reduced by equal proportions.

Example: Financial assistance of $2 million is provided to a block grant authority to build a school building for a primary school. If the school ceases to provide primary education during the 10 year period after the financial assistance is provided, the entire amount may be recovered by the Commonwealth. For each year following that 10 year period, the amount that may be recovered by the Commonwealth reduces by 10%.

(4) In determining a period for the purposes of subsection (2) or (3), round the period to the nearest full year.

Part 7—Miscellaneous

65 Using or disclosing school education information

(1) For paragraph 125(1)(a) of the Act, the Minister may use or disclose school education information for the following purposes:

(a) the purposes of the Act or this regulation;

(aa) the National School Resourcing Board;

(b) programs administered by the Minister;

(d) statistical analysis of matters of relevance to the Department;

(e) policy development;

(f) any other purpose determined by the Minister under subsection (3).

Note: For National School Resourcing Board, see section 128 of the Act.

(2) The Minister may also disclose school education information to the following persons for the following purposes:

(a) ACARA for the purposes of its functions;

(b) Australian Bureau of Statistics for the purposes of its functions;

(ca) a State or Territory body responsible for school education in the State or Territory, for the purposes of its functions;

(d) any other person determined by the Minister under subsection (3) for the purposes determined by the Minister.

(2A) Without limiting subsection (1) or (2), the Minister may disclose school education information to the Australian Bureau of Statistics for the purposes of its assistance in determining a CTC score for a school.

Note: For requirements in relation to information disclosed by the Australian Bureau of Statistics: see the Census and Statistics Act 1905.

(3) The Minister may, by legislative instrument, determine any one or more of the following:

(a) a purpose for the purposes of paragraph (1)(f);

(b) a person or purpose for the purposes of paragraph (2)(d).

(4) To avoid doubt, this section does not limit any other lawful use or disclosure of school education information.

66 Giving notice to persons of proposed decisions

(1) This section applies if the Minister proposes to make any of the following decisions:

(a) a decision to make a determination under subsection 76(2) of the Act (approved authorities for government schools not taken to satisfy basic requirements);

(c) a decision to take action under paragraph 110(1)(a) or (b) of the Act in relation to a State or Territory because of a matter mentioned in section 108 of the Act (actions the Minister may take for failure to comply with the Act).

(2) The Minister must, in writing, give the person mentioned in subsection (3) a notice that:

(a) contains:

(i) the terms of the proposed decision; and

(ii) the reasons for the proposed decision; and

(b) invites the person to make a submission about the proposed decision within the period specified in the notice (which must be at least 28 days).

(3) The person who must be given a notice under subsection (2) is:

(a) the relevant person for the decision; or

(b) for a decision under subsection 76(2) of the Act—the approved authority.

Note: For the definition of relevant person, see section 6 of the Act.

(4) For paragraph 130(2)(b) of the Act, in making the final decision, the Minister must have regard to any submission made in accordance with this section in relation to the decision.

Part 8—Application and transitional provisions

67 Application provisions for the Australian Education Amendment (2014 Measures No. 1) Regulation 2014

(1) The amendments made by items 5, 6, 7 and 8 of Schedule 1 to the Australian Education Amendment (2014 Measures No. 1) Regulation 2014 apply in relation to financial assistance that has not been spent, or committed to be spent, at the commencement time.

(2) The following apply in relation to interest (earned on financial assistance) that has not been spent, or committed to be spent, at the commencement time:

(a) item 4 of Schedule 1 to the Australian Education Amendment (2014 Measures No. 1) Regulation 2014;

(b) subsection 31(4) as inserted by item 9 of that Schedule.

(3) The amendment made by item 12 of Schedule 1 to the Australian Education Amendment (2014 Measures No. 1) Regulation 2014 applies in relation to capital expenditure that occurs after the commencement time.

(4) In this section:

commencement time means the time when Schedule 1 to the Australian Education Amendment (2014 Measures No. 1) Regulation 2014 commences.

68 Application provisions for the Australian Education Amendment (2015 Measures No. 1) Regulation 2015

Attendance rate

(1) Paragraph 4(2)(b), as in force at the commencement time, applies in relation to reporting periods that start at or after that time.

Agreements about debt recovery

(2) Subsections 11(2) and (3), as in force at the commencement time, apply in relation to financial assistance that is paid to a State or Territory under the Act at or after that time.

Pro‑rating of recurrent funding

(3) Sections 12, 13 and 13A, as in force at the commencement time, apply in relation to the 2015 year and later years.

Loadings

(4) Section 18, as in force at the commencement time, applies in relation to the 2015 year and later years.

Spending financial assistance—administrative costs for approved authorities associated with compliance

(5) Paragraph 29(2)(g), as in force at the commencement time, applies in relation to financial assistance whether it is paid to an approved authority before, at or after that time.

Spending financial assistance—time within which block grant authorities are to spend assistance

(6) Subsections 30(2) and (3A), as in force at the commencement time, apply in relation to financial assistance whether it is paid to a block grant authority before, at or after that time.

Reports relating to financial assistance and financial operations

(7) Sections 35 and 36, as in force at the commencement time, apply in relation to the 2015 year and later years.

Information relating to a school’s census

(8) Subdivision E of Division 3 of Part 5, as in force at the commencement time, applies in relation to the 2015 year and later years.

Information for the purposes of a national program to collect data on schools and school education

(9) Subdivision F of Division 3 of Part 5, as in force at the commencement time, applies in relation to a reporting period that starts at or after that time.

School education information

(10) Section 65, as in force at the commencement time, applies in relation to school education information whether the information is obtained before, at or after that time.

Definitions

(11) In this section:

commencement time means the time when the Australian Education Amendment (2015 Measures No. 1) Regulation 2015 commences.

69 Application provision for the Australian Education Amendment (2016 Measures No. 2) Regulation 2016

(1) Subdivision C of Division 3 of Part 4, subparagraphs 34(3)(a)(i) and (iii), and paragraphs 35(1)(ba) and 36(1)(fa), as in force at the commencement time, apply in relation to 2016 and later years.

(2) In this section:

commencement time means the start of the day that the Australian Education Amendment (2016 Measures No. 2) Regulation 2016 commences.

70 Application provisions for the Australian Education Amendment (2016 Measures No. 3) Regulation 2016

Approved authorities—spending, or committing to spend, financial assistance

(1) Subsections 29(7) and (7A), as in force at the commencement time, apply in relation to financial assistance that is paid to an approved authority for the 2016 year or a later year.

Student assessments under the National Assessment Program

(2) Section 43, as in force at the commencement time, applies in relation to the 2016 year and later years.

Information about performance measures

(3) Section 53, as in force at the commencement time, applies in relation to the 2016 year and later years.

Needs‑based funding arrangements

(4) Paragraph 61(3)(a) and subsection 61(3A), as in force at the commencement time, apply in relation to financial assistance received for a school and paid to the approved authority for the school for the 2016 year or a later year.

Definitions

(5) In this section:

commencement time means the time when the Australian Education Amendment (2016 Measures No. 3) Regulation 2016 commences.

71 Application provisions for the Australian Education Amendment (2017 Measures No. 2) Regulations 2017

Funding in prescribed circumstances—students with disability

(1) Despite the repeal of Subdivision C of Division 3 of Part 4 of this regulation as in force immediately before the commencement of this section, that Subdivision continues to have effect for the purposes of determinations by the Minister under section 69A of the Act in relation to 2016 or 2017.

Funding for previous years

(2) Despite the amendments made by the Australian Education Amendment (2017 Measures No. 2) Regulations 2017, this regulation, as in force immediately before the commencement of this section, continues to apply in relation to financial assistance for years before 2018.

72 Application provision for the Australian Education Amendment (2017 Measures No. 3) Regulations 2017

(1) Despite the amendments made by the Australian Education Amendment (2017 Measures No. 3) Regulations 2017, this regulation, as in force immediately before the commencement of this section, continues to apply in relation to financial assistance for years before 2018.

(2) However, the amendments made by items 16 and 27 of that instrument apply in relation to 2017 and each later year.

73 Application provisions for the Australian Education Amendment (2018 Measures No. 3) Regulations 2018

(1) The amendments made by items 8 to 10 and 13 to 20 of Schedule 1 to the Australian Education Amendment (2018 Measures No. 3) Regulations 2018 apply in relation to 2018 and each later year.

(2) The amendments made by items 11 and 12 of Schedule 1 to the Australian Education Amendment (2018 Measures No. 3) Regulations 2018 apply in relation to 2018.

(3) The amendments made by items 23 and 27 of Schedule 1 to the Australian Education Amendment (2018 Measures No. 3) Regulations 2018 apply in relation to financial assistance paid to an approved authority before, at or after the commencement of that Schedule.

(4) The amendment made by item 2 of Schedule 2 to the Australian Education Amendment (2018 Measures No. 3) Regulations 2018 applies in relation to 2019 and each later year.

74 Application provisions for the Australian Education Amendment (2019 Measures No. 1) Regulations 2019

(1) Despite the amendments made by items 3 and 4 of Schedule 1 to the Australian Education Amendment (2019 Measures No. 1) Regulations 2019, section 31 of this regulation, as in force immediately before the commencement of that Schedule, continues to apply in relation to financial assistance that is payable for 2019 and each earlier year.

(2) The amendments made by items 5 to 19 of Schedule 1 to the Australian Education Amendment (2019 Measures No. 1) Regulations 2019 apply in relation to 2020 and each later year.

75 Application provision for the Australian Education Amendment (2020 Measures No. 1) Regulations 2020

The amendments made by items 1, 4 and 7 of Schedule 2 to the Australian Education Amendment (2020 Measures No. 1) Regulations 2020 apply in relation to financial assistance for 2020 and each later year.

Schedule 1—Funding in prescribed circumstances

Note: See section 25A.

Part 1—Additional support for Northern Territory government schools

1 Circumstances

(1) For the purposes of subsection 69B(1) of the Act, the circumstances for a school for a relevant transition year are:

(a) the school is a government school located in the Northern Territory; and

(b) the approved authority for the school has entered into an arrangement with the Minister relating to the use of financial assistance payable under subsection 69B(1) of the Act.

(2) In this Part:

relevant transition year means any of the years from 2018 to 2027 (inclusive).

2 Amounts payable

Total amount of funding for relevant transition years

For the purposes of paragraph 69B(4)(a) of the Act, the total of the amounts determined by the Minister for relevant transition years, taken together, in relation to the circumstances mentioned in clause 1, is $78.453 million.

3 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69B(1) of the Act in the circumstances mentioned in clause 1:

(a) for the purpose of supporting school education; and

(b) in accordance with the arrangement mentioned in paragraph 1(1)(b).

(2) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) in the year in which the financial assistance is paid to the approved authority; or

(b) as otherwise directed in writing by the Minister.

(3) For the purposes of paragraph (2)(b) of this clause, the Minister may give written directions to an approved authority.

(4) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Part 2—Additional financial assistance and adjustment funding for non‑government schools

Division 1—Additional financial assistance for low‑growth non‑government schools for 2018

4 Circumstances

For the purposes of subsection 69A(1) of the Act, the circumstances for a school for 2018 are:

(a) the school is a non‑government school; and

(b) subsection 78(6) of the Act does not apply to the approved authority for the school for that year; and

5 Amounts payable

Total amount of funding for 2018

(1) For the purposes of paragraph 69A(4)(a) of the Act, the total of the amounts determined by the Minister for 2018 in relation to the circumstances mentioned in clause 4 is the sum of the total amounts determined by the Minister under subclause (2).

Maximum amount of funding for a particular school for 2018

(2) For the purposes of paragraph 69A(2)(b) of the Act, the total of the amounts determined by the Minister for a school for 2018, in relation to the circumstances mentioned in clause 4, must not exceed the difference between:

(a) the amount payable under section 32 of the Act for the school for that year; and

(b) the amount worked out using the following formula:

(3) In this Division:

2017 recurrent funding for an approved authority means the amount worked out under subsection 35B(3) of the Act for the approved authority.

per‑student amount for a school for 2017 means:

(a) if the school is specified in column 1 of an item in the table in clause 1 of Schedule 2—the amount specified in column 2 of the item; or

(b) otherwise—the 2017 recurrent funding for the school’s approved authority divided by the number of students at the schools of the approved authority for 2017.

6 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 4:

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1).

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 31 December 2022; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Division 2—Adjustment funding for low‑growth non‑government schools for 2019

7 Circumstances

For the purposes of subsection 69A(1) of the Act, the circumstances for a school for 2019 are:

(a) the school is a non‑government school; and

(b) subsection 78(6) of the Act does not apply to the approved authority for the school for that year.

8 Total amount payable

For the purposes of paragraph 69A(4)(a) of the Act, the total of the amounts determined by the Minister for 2019, taken together, in relation to the circumstances mentioned in clause 7 of this Schedule, is $36.49 million.

9 Matters that Minister may have regard to

For the purposes of paragraph 130(2)(b) of the Act, in making a decision under subsection 69A(1) of the Act about the amount of financial assistance that is payable for a school in the circumstances mentioned in clause 7 of this Schedule, the Minister may have regard to the total amount, if any, of financial assistance payable for the school in the circumstances mentioned in clause 20 of this Schedule.

10 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 7 of this Schedule:

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1) of this clause.

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 31 December 2022; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Part 3—Adjustment assistance for ACT non‑government schools

11 Circumstances

(1) For the purposes of subsection 69B(1) of the Act, the circumstance for a school for a relevant transition year is that the school is a non‑government school located in the Australian Capital Territory.

(2) In this Part:

relevant transition year means any of the years from 2018 to 2027 (inclusive).

12 Amounts payable

Total amount of funding for relevant transition years

13 Purpose for which funding is spent or committed to be spent

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1).

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 2028; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Part 4—Additional financial assistance for system weighted average SES schools for 2018

14 Circumstances

For the purposes of subsection 69A(1) of the Act, the circumstances for a school for 2018 are:

(a) in 2017 the approved authority for the school was an approved system authority; and

(b) the SES score for the school for 2017 was specified in the Australian Education (SES Scores) Determination 2013.

Note: SES score was defined in the Act as previously in force in relation to 2017.

15 Amounts payable

Total amount of funding for 2018

(1) For the purposes of paragraph 69A(4)(a) of the Act, the total of the amounts determined by the Minister for 2018 in relation to the circumstances mentioned in clause 14 is the sum of the total amounts determined by the Minister under subclause (2).

Maximum amount of funding for a particular school for 2018

(a) the amount payable under section 32 of the Act for the school for 2018; and

(b) the amount that would be payable under section 32 of the Act for the school for 2018 if that amount were calculated using the SES score for the school for 2017.

Note: SES score was defined in the Act as previously in force in relation to 2017.

16 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 14:

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1).

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 31 December 2022; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Part 5—Financial assistance certainty for non‑government schools

Division 1—Additional financial assistance for non‑government schools of approved system authorities (system weighted benefit) for 2019

17 Circumstances

(1) For the purposes of subsection 69A(1) of the Act, prescribed circumstances will apply in relation to a school for 2019 if subclause (2) or (3) applies to the school for 2019.

(2) This subclause applies to the school for 2019 if:

(a) the school is a non‑government school at any time during 2019; and

(b) subsection 78(6) of the Act applies to the approved authority for the school for 2019; and

(3) This subclause applies to the school for 2019 if:

(a) in 2017 the approved authority for the school was an approved system authority; and

(b) the SES score for the school for 2017 was specified in the Australian Education (SES Scores) Determination 2013.

Note: SES score was defined in the Act as previously in force in relation to 2017.

18 Total amount payable

19 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 17 of this Schedule:

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1) of this clause.

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 31 December 2022; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Division 2—Additional financial assistance for non‑government schools (2016 census data arrangements) for 2019

20 Circumstances

For the purposes of subsection 69A(1) of the Act, the circumstance for a school for 2019 is that the school is a non‑government school.

21 Total amount payable

22 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 20 of this Schedule:

(a) for the purpose of providing school education at a school for which the authority is approved; and

(b) in accordance with any written directions given by the Minister.

(2) Subsections 29(2) and (3) of this regulation have effect as if a reference in those subsections to subsection (1) included a reference to subclause (1) of this clause.

(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 31 December 2022; or

(b) as otherwise directed in writing by the Minister.

(4) For the purposes of paragraphs (1)(b) and (3)(b) of this clause, the Minister may give written directions to an approved authority.

(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Part 6—Local Schools Community Fund

23 Circumstances

For the purposes of subsection 69A(1) of the Act, the circumstance for 2019 or 2020 is that a project for the school has been approved by the Minister, in writing, for the year in accordance with the Local Schools Community Fund Guidelines.

24 Total amount payable

For the purposes of paragraph 69A(4)(a) of the Act, the total of the amounts determined by the Minister for 2019 and 2020, taken together, in relation to the circumstances mentioned in clause 23 of this Schedule, is $30.2 million.

25 Purpose for which funding is spent or committed to be spent

(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 23 of this Schedule:

(a) for the purposes of the project mentioned in clause 23 of this Schedule; and

(b) in accordance with the Local Schools Community Fund Guidelines or as otherwise directed in writing by the Minister.

(2) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:

(a) before 1 January 2021; or

(b) as otherwise directed in writing by the Minister.

(3) For the purposes of paragraphs (1)(b) and (2)(b) of this clause, the Minister may give written directions to an approved authority.

(4) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.

Schedule 2—Per‑student amounts for 2017 for certain schools

Note: See subclause 5(3) of Schedule 1.

1 Per‑student amounts for 2017 for certain schools

For a school specified in column 1 of an item in the following table, the per‑student amount is the amount specified in column 2 of the item.

Per‑student amounts for 2017
Item	Column 1 School	Column 2 Per‑student amount for 2017
1	Albury Wodonga Community College (AGEID: 25136)	$15,892.75
2	Albury Wodonga Community College, Albury (AGEID: 28887)	$14,867.86
3	Al‑Faisal College (AGEID: 15403)	$8,410.30
4	Al‑Faisal College—Campbelltown (AGEID: 30306)	$8,122.73
5	Al‑Faisal College—Liverpool (AGEID: 30305)	$8,128.03
6	Aspect Central Coast School (AGEID: 4079)	$12,883.41
7	Aspect Hunter School (AGEID: 3039)	$12,505.69
8	Aspect Macarthur School (AGEID: 29102)	$12,546.84
9	Aspect Riverina School (AGEID: 29104)	$13,841.56
10	Aspect South Coast School (AGEID: 6747)	$12,231.79
11	Aspect South East Sydney School (AGEID: 15942)	$12,344.46
12	Aspect Treetop School (AGEID: 30339)	$13,081.14
13	Aspect Vern Barnett School (AGEID: 3048)	$11,853.54
14	Aspect Western Sydney School (AGEID: 4280)	$14,482.80
15	Australian Industry Trade College (AGEID: 28118)	$8,798.72
16	Australian Industry Trade College—Redlands (AGEID: 30340)	$8,972.48
17	Australian International Academy, Kellyville Campus (AGEID: 30170)	$7,346.17
18	Australian International Academy of Education (AGEID: 4270)	$9,047.18
19	Australian Islamic College (Dianella) (AGEID: 14588)	$9,161.39
20	Australian Islamic College (Kewdale) (AGEID: 16671)	$9,651.01
21	Australian Islamic College (Thornlie) (AGEID: 13273)	$8,553.27
22	Blakes Crossing Christian College (AGEID: 30155)	$9,077.13
23	Brisbane Boys College (AGEID: 416)	$3,290.06
24	Broughton Anglican College (AGEID: 5492)	$7,305.71
25	Calderwood Christian School (AGEID: 80047)	$11,182.58
26	Calvary Christian College (AGEID: 4228)	$7,763.45
27	Calvin Christian School (AGEID: 17627)	$8,679.20
28	Carey Baptist College (AGEID: 15683)	$6,610.51
29	Carey Baptist College—Forrestdale (AGEID: 29930)	$8,493.58
30	Carinity Education—Glendyne (AGEID: 17689)	$15,096.38
31	Carinity Education—Rockhampton (AGEID: 30310)	$20,066.16
32	Carinity Education—Southside (AGEID: 16708)	$15,742.71
33	Carinya Christian School (AGEID: 3321)	$11,723.90
34	Carinya Christian School (AGEID: 4263)	$9,590.92
35	Carmichael College (AGEID: 30254)	$8,674.59
36	Channel Christian School (AGEID: 30320)	$11,721.48
38	Chinchilla Christian School (AGEID: 4245)	$10,156.97
39	Christian Aboriginal Parent‑Directed School (AGEID: 2756)	$21,122.84
40	Christian Aboriginal Parent‑Directed School (Caps), Kurrawang (AGEID: 8870)	$30,225.68
41	Christian Brothers High School (AGEID: 1348)	$6,682.78
42	Christian Outreach College (AGEID: 4005)	$7,927.65
43	Citipointe Christian College The Christian Outreach College Brisbane (AGEID: 2531)	$6,450.58
44	Clayfield College (AGEID: 432)	$4,679.04
45	Craig Davis College (AGEID: 30001)	$34,486.86
46	Dalby Christian College (AGEID: 2548)	$9,644.49
47	Dynamic Alternative Learning Environment (D.A.L.E.) Christian School (AGEID: 16054)	$23,578.95
48	Dynamic Alternative Learning Environment (D.A.L.E.) Young Parents School (AGEID: 30309)	$19,687.94
49	EDEN College (AGEID: 29772)	$27,671.94
50	Edmund Rice College (AGEID: 1379)	$8,640.24
51	Emmanuel Christian School (AGEID: 30319)	$13,348.67
52	Endeavour Christian College (AGEID: 29365)	$16,707.75
53	Frensham School (AGEID: 1381)	$6,320.87
54	Gib Gate School (AGEID: 1382)	$6,193.60
55	Groves Christian College (AGEID: 17213)	$7,768.27
56	Hilliard Christian School (AGEID: 55)	$12,179.86
57	Hinterland Christian College (AGEID: 5454)	$10,127.16
58	Illawarra Christian School (AGEID: 14564)	$8,186.95
59	Key College (AGEID: 16513)	$20,453.01
60	Kinross Wolaroi School (AGEID: 1410)	$7,269.64
61	Knox Grammar School (AGEID: 1411)	$2,339.71
62	Livingstone Christian College (AGEID: 17662)	$8,325.34
63	Mercedes College (AGEID: 106)	$7,627.87
64	MLC School (AGEID: 1452)	$5,208.49
65	Montgrove College (AGEID: 16519)	$7,573.54
66	Mueller College (AGEID: 17214)	$8,903.83
67	Muswellbrook Christian School (AGEID: 16412)	$10,208.30
68	Northern Christian School (AGEID: 84755)	$13,199.02
69	North West Christian School (AGEID: 2803)	$13,785.45
70	Pacific Coast Christian School (AGEID: 28198)	$10,433.21
71	Pacific Hope School (AGEID: 30206)	$35,077.37
72	Presbyterian Ladies College (AGEID: 1526)	$4,680.07
73	Presbyterian Ladies’ College (PLC) Armidale (AGEID: 1525)	$8,042.90
74	Pymble Ladies’ College (AGEID: 1528)	$2,771.72
75	Ravenswood School for Girls (AGEID: 1531)	$2,351.55
76	Redfield College (AGEID: 5601)	$4,715.28
77	Royal Institute for Deaf and Blind Children (RIDBC) Alice Betteridge School (AGEID: 3040)	$22,323.88
78	Royal Institute for Deaf and Blind Children (RIDBC) Garfield Barwick School (AGEID: 13283)	$32,027.62
79	Royal Institute for Deaf and Blind Children (RIDBC) Thomas Pattison School (AGEID: 15957)	$28,012.00
80	Santa Maria College (AGEID: 232)	$5,957.48
81	Seaview Christian College (AGEID: 30314)	$12,909.00
82	Shalom Christian College (AGEID: 13496)	$21,111.80
83	Somerville House (AGEID: 724)	$4,045.21
84	St Aloysius College (AGEID: 306)	$7,056.04
85	St Andrew’s Cathedral Gawura School (AGEID: 29067)	$20,531.80
86	St Andrew’s Cathedral School (AGEID: 29275)	$3,995.34
87	St Andrew’s Christian School (AGEID: 16099)	$12,352.17
88	St Brigid’s College (AGEID: 15269)	$7,565.06
89	St Dominic’s College (AGEID: 1632)	$8,783.93
90	St Edmund’s College (AGEID: 2068)	$7,623.05
91	St Edmund’s School (AGEID: 3032)	$18,635.94
92	St Edward’s Christian Brothers College (AGEID: 1636)	$8,163.92
93	St Gabriel’s School for Hearing Impaired Children (AGEID: 3033)	$17,918.05
94	St John’s Anglican College (AGEID: 15331)	$6,916.01
95	St Joseph’s College (AGEID: 1442)	$5,833.72
96	St Mary’s Flexible Learning Centre (AGEID: 30203)	$20,517.15
97	St Patrick’s College (AGEID: 1900)	$6,189.01
98	St Paul’s College (AGEID: 375)	$8,647.18
99	St Peter’s Anglican Primary School (AGEID: 4064)	$7,027.27
100	St Philip’s Christian College (AGEID: 3317)	$7,404.55
101	St Philip’s Christian College—Gosford (AGEID: 2398)	$8,242.95
102	St Philip’s Christian College—Port Stephens (AGEID: 14376)	$8,909.65
103	St Pius X College (AGEID: 1954)	$6,974.27
104	Staines Memorial College (AGEID: 28858)	$9,807.41
105	Summerland Christian College (AGEID: 5297)	$9,888.85
106	Suncoast Christian College (AGEID: 2525)	$8,181.84
107	Sunshine Coast Grammar School (AGEID: 15407)	$6,751.92
108	Sydney Grammar School (AGEID: 2021)	$2,628.37
109	Sydney Grammar School, Edgecliff Preparatory School (AGEID: 2019)	$2,200.26
110	Sydney Grammar School, St Ives Preparatory School (AGEID: 2020)	$2,015.11
111	Tangara School for Girls (AGEID: 4021)	$4,118.78
112	The John Berne School (AGEID: 16089)	$25,815.45
113	The King’s School (AGEID: 2027)	$4,531.43
114	The Lakes College (AGEID: 22799)	$7,256.47
115	The Lakes College (AGEID: 80038)	$30,209.25
116	The Scots College (AGEID: 2029)	$2,668.66
117	The SCOTS PGC College (AGEID: 738)	$9,671.91
118	The Scots School (AGEID: 2030)	$8,243.29
119	The Springfield Anglican College (AGEID: 15361)	$7,863.66
120	Tom Quinn Community Centre Alternative School (AGEID: 30336)	$18,348.33
121	Tudor House (AGEID: 2034)	$6,405.19
122	Victory College (AGEID: 2545)	$10,282.96
123	Warwick Christian College (AGEID: 26131)	$12,255.14
124	Waverley College (AGEID: 2039)	$6,971.43
125	Wesley College (AGEID: 10940)	$3,743.98
126	Whitsunday Christian College (AGEID: 15362)	$9,657.91
127	Wollemi College (AGEID: 27644)	$8,757.75
128	Wollongong Flexible Learning Centre (AGEID: 29962)	$21,825.19
129	Wongutha Christian Aboriginal Parent‑Directed School (AGEID: 13603)	$27,434.31
130	Yiramalay/Wesley Studio School (AGEID: 29953)	$48,570.30
131	Youth Outreach Service (YOS) Lawnton (AGEID: 30260)	$18,179.96

Note: AGEID (short for Australian Government Education ID) is the unique identifier used by the Commonwealth for managing client information for Australian schools receiving financial assistance under the Act.

Schedule 3—Levels of education: certain schools in South Australia

Note: See section 7.

1 Certain schools in South Australia

For a school specified in an item in the following table, the levels of education constituting primary and secondary education for:

(a) the calendar year specified in the item; and

(b) each later calendar year;

are those mentioned in paragraphs (7)(1)(b) and (2)(b), respectively.

Certain schools in South Australia
Item	Name of school	First calendar year
1	Blackfriars Priory School (AGEID: 15689)	2018
2	Blakes Crossing Christian College (AGEID: 30155)	2018
3	Cabra Dominican College (AGEID: 255)	2018
4	Cardijn College (AGEID: 4041)	2019
5	Caritas College (AGEID: 351)	2018
6	Cedar College (AGEID: 14586)	2018
7	Christian Brothers College (AGEID: 15342)	2018
8	Concordia College (AGEID: 15944)	2018
9	Cornerstone College (AGEID: 17262)	2018
10	Crossways Lutheran School, Ceduna (AGEID: 2630)	2018
11	Domino Servite College Inc (AGEID: 30308)	2018
12	Emmaus Christian College Incorporated (AGEID: 2610)	2018
13	Encounter Lutheran College (AGEID: 17272)	2018
14	Endeavour College (AGEID: 16101)	2018
15	Faith Lutheran College (AGEID: 17261)	2019
16	Garden College (AGEID: 30212)	2018
17	Gleeson College (AGEID: 13267)	2018
18	Harvest Christian College (AGEID: 16728)	2018
19	Heritage College Inc (AGEID: 14653)	2018
20	Hope Christian College (AGEID: 2622)	2018
21	Horizon Christian School (AGEID: 14133)	2018
22	Immanuel College (AGEID: 17260)	2018
23	Investigator College (AGEID: 17289)	2018
24	IQRA College (AGEID: 84822)	2019
25	Kildare College (AGEID: 14053)	2019
26	King’s Baptist Grammar School (AGEID: 4039)	2018
27	Loreto College (AGEID: 15690)	2018
28	Maitland Lutheran School (AGEID: 269)	2018
29	Mary Mackillop College (AGEID: 275)	2018
30	Marymount College (AGEID: 276)	2018
31	Mercedes College (AGEID: 279)	2018
32	Meridian School Incorporated (AGEID: 15880)	2018
33	Mid North Christian College (AGEID: 22798)	2018
34	Mount Barker Waldorf School (AGEID: 2611)	2018
35	Mount Carmel College (AGEID: 282)	2019
36	Navigator College (AGEID: 28557)	2018
37	Nazareth Catholic College (AGEID: 26772)	2018
38	Our Lady of the Sacred Heart College (AGEID: 15344)	2019
39	Pembroke School (AGEID: 265)	2018
40	Pinnacle College—Elizabeth East Campus (AGEID: 22817)	2018
41	Playford College (AGEID: 80002)	2018
42	Portside Christian College (AGEID: 2601)	2018
43	Prescott College (AGEID: 391)	2019
44	Prescott College Southern (AGEID: 2606)	2018
45	Prince Alfred College (AGEID: 299)	2018
46	Pulteney Grammar School (AGEID: 300)	2018
47	Rivergum College (AGEID: 5529)	2018
48	Rostrevor College (AGEID: 15341)	2018
49	Sacred Heart College (AGEID: 303)	2018
50	Samaritan College (AGEID: 28124)	2018
51	Scotch College (AGEID: 390)	2018
52	Seaview Christian College (AGEID: 30314)	2019
53	Seymour College (AGEID: 298)	2018
54	Southern Montessori School (AGEID: 13279)	2018
55	Southern Vales Christian College (AGEID: 2619)	2018
56	St Aloysius College (AGEID: 306)	2018
57	St Barbara’s Parish School (AGEID: 16983)	2018
58	St Columba College (AGEID: 15419)	2018
59	St Dominic’s Priory College (AGEID: 315)	2018
60	St Francis de Sales College (AGEID: 381)	2018
61	St Ignatius’ College (AGEID: 15343)	2018
62	St John’s Grammar School (AGEID: 326)	2018
63	St Joseph’s School (AGEID: 352)	2018
64	St Mark’s College (AGEID: 362)	2018
65	St Martins Lutheran College (AGEID: 2629)	2018
66	St Mary’s College (AGEID: 366)	2018
67	St Michael’s College (AGEID: 15691)	2018
68	St Paul’s College (AGEID: 375)	2018
69	St Peter’s College (AGEID: 252)	2018
70	St Peter’s Collegiate Girls’ School (AGEID: 377)	2018
71	Sunrise Christian School Marion (AGEID: 85516)	2018
72	Sunrise Christian School Naracoorte (AGEID: 85514)	2020
73	Sunrise Christian School, Whyalla (AGEID: 13280)	2020
74	Tatachilla Lutheran College (AGEID: 14290)	2018
75	Temple Christian College (AGEID: 4040)	2018
76	Tenison Woods College (AGEID: 17290)	2018
77	The Hills Christian Community School Incorporated (AGEID: 4038)	2018
78	The Hills Montessori School (AGEID: 2623)	2018
79	Thomas More College (AGEID: 2612)	2019
80	Torrens Valley Christian School (AGEID: 2616)	2018
81	Trinity College Blakeview (AGEID: 16029)	2018
82	Trinity College Gawler River School (AGEID: 16879)	2018
83	Trinity College North (AGEID: 16030)	2018
84	Trinity College South (AGEID: 16031)	2018
85	Tyndale Christian School (AGEID: 4046)	2018
86	Tyndale Christian School Murray Bridge (AGEID: 16724)	2018
87	Tyndale Christian School Strathalbyn (AGEID: 13508)	2018
88	Unity College Inc (AGEID: 2605)	2018
89	Xavier College (AGEID: 14339)	2019
90	Walford Anglican School for Girls (AGEID: 401)	2018
91	Westminster School (AGEID: 402)	2018
92	Wilderness School (AGEID: 404)	2018
93	Willunga Waldorf School (AGEID: 13521)	2018
94	Woodcroft College (AGEID: 13281)	2018

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3—Legislation history

Number and year	FRLI registration	Commencement	Application, saving and transitional provisions
195, 2013	31 July 2013 (F2013L01476)	1 Jan 2014 (s 2)
188, 2014	16 Dec 2014 (F2014L01723)	Sch 2: 1 Jan 2015 (s 2 item 3) Remainder: 17 Dec 2014 (s 2 items 1, 2, 4)	—
140, 2015	24 Aug 2015 (F2015L01305)	25 Aug 2015 (s 2(1) item 1)	—

Name	Registration	Commencement	Application, saving and transitional provisions
Australian Education Amendment Regulation 2016 (No. 1)	9 May 2016 (F2016L00713)	10 May 2016 (s 2(1) item 1)	—
Australian Education Amendment (2016 Measures No. 2) Regulation 2016	29 Sept 2016 (F2016L01545)	30 Sept 2016 (s 2(1) item 1)	—
Australian Education Amendment (2016 Measures No. 3) Regulation 2016	28 Oct 2016 (F2016L01653)	29 Oct 2016 (s 2(1) item 1)	—
Australian Education Amendment (2017 Measures No. 1) Regulations 2017	21 Sept 2017 (F2017L01231)	22 Sept 2017 (s 2(1) item 1)	—
Australian Education Amendment (2017 Measures No. 2) Regulations 2017	20 Nov 2017 (F2017L01501)	Sch 1: 1 Jan 2018 (s 2(1) item 2)	—
Australian Education Amendment (2017 Measures No. 3) Regulations 2017	18 Dec 2017 (F2017L01643)	Sch 1: 1 Jan 2018 (s 2(1) item 2)	—
Australian Education Amendment (2018 Measures No. 1) Regulations 2018	25 July 2018 (F2018L01056)	26 July 2018 (s 2(1) item 1)	—
Australian Education Amendment (2018 Measures No. 2) Regulations 2018	12 Oct 2018 (F2018L01424)	13 Oct 2018 (s 2(1) item 1)	—
Australian Education Amendment (2018 Measures No. 3) Regulations 2018	6 Dec 2018 (F2018L01677)	Sch 2: 1 Jan 2019 (s 2(1) item 3) Remainder: 7 Dec 2018 (s 2(1) items 1, 2)	—
Australian Education Amendment (2019 Measures No. 1) Regulations 2019	8 Apr 2019 (F2019L00558)	1 Jan 2020 (s 2(1) item 1)	—
Australian Education Amendment (2019 Measures No. 2) Regulations 2019	12 July 2019 (F2019L00981)	13 July 2019 (s 2(1) item 1)	—
Australian Education Amendment (2019 Measures No. 3) Regulations 2019	12 July 2019 (F2019L00982)	13 July 2019 (s 2(1) item 1)	—
Australian Education Amendment (2019 Measures No. 4) Regulations 2019	4 Nov 2019 (F2019L01421)	5 Nov 2019 (s 2(1) item 1)	—
Australian Education Amendment (2019 Measures No. 5) Regulations 2019	4 Nov 2019 (F2019L01422)	5 Nov 2019 (s 2(1) item 1)	—
Australian Education Amendment (2020 Measures No. 1) Regulations 2020	17 Apr 2020 (F2020L00439)	18 Apr 2020 (s 2(1) item 1)	—
Australian Education Amendment (2020 Capital Funding Limit) Regulations 2020	12 June 2020 (F2020L00695)	13 June 2020 (s 2(1) item 1)	—
Australian Education Amendment (South Australia Year 7 Schools) Regulations 2020	13 Nov 2020 (F2020L01428)	14 Nov 2020 (s 2(1) item 1)	—

Endnote 4—Amendment history

Provision affected	How affected
Part 1
Division 1
s 2.....................	rep LIA s 48D
s 4.....................	am No 188, 2014; No 140, 2015; F2016L01653; F2017L01501; F2017L01643; F2019L00558; F2019L00981; F2020L00439
s 5.....................	rs F2017L01501
Division 2
Subdivision A
s 6.....................	am No 188, 2014; F2017L01501
Subdivision AA
Subdivision AA............	ad F2018L01677
s 6A....................	ad F2018L01677
Subdivision B
s 7.....................	am No 188, 2014
	rs F2017L01643
	am F2019L01422
s 8.....................	am No 188, 2014
	rep F2017L01643
s 9.....................	am No 188, 2014; F2017L01643
Subdivision C
Subdivision C..............	ad F2017L01501
s 9A....................	ad F2017L01501
s 9B....................	ad F2017L01501
Part 2
s 10....................	am F2017L01643
	rep F2018L01677
s 10A...................	ad F2018L01677
	am F2019L01422
s 11....................	am No 140, 2015
s 12....................	am No 188, 2014; No 140, 2015
	rs F2017L01501
s 13....................	am No 188, 2014; No 140, 2015
	rep F2017L01501
s 13A...................	ad No 140, 2015
	rep F2017L01501
Part 3
Part 3 heading.............	rs F2017L01501
Division 1
s 15....................	rep F2017L01501
s 16....................	am No 188, 2014; F2017L01501
s 16AA..................	ad F2019L01421
s 16A...................	ad F2017L01643
	am F2018L01677
	rep F2020L00439
s 17....................	rs F2017L01501
s 17A...................	ad F2017L01501
s 18....................	rs No 140, 2015
	am F2017L01501
Division 1A
Division 1A...............	ad F2020L00439
s 19....................	rep No 140, 2015
	ad F2020L00439
s 19A...................	ad F2020L00439
s 19B...................	ad F2020L00439
s 19C...................	ad F2020L00439
s 19D...................	ad F2020L00439
s 19E...................	ad F2020L00439
s 19F...................	ad F2020L00439
s 19G...................	ad F2020L00439
Division 2
Division 2................	rs F2020L00439
Subdivision A.............	rep F2017L01501
s 20....................	rep F2017L01501
Subdivision B heading........	rep F2017L01501
s 21....................	am F2017L01501; F2018L01424
	rs F2020L00439
s 22....................	rs F2020L00439
s 23....................	am F2017L01501; F2018L01677
	rs F2020L00439
s 24....................	rs F2020L00439
s 24AAA.................	ad F2020L00439
Part 4
Part 4 heading.............	rs No 188, 2014
Division 1
Division 1................	ad No 188, 2014
s 24AA..................	ad F2018L01056
	am F2019L00982; F2020L00695
s 24A...................	ad No 140, 2015
	rs F2016L00713
	am F2017L01231
s 24B...................	ad No 188, 2014
	am F2017L01501
Division 2
Division 2 heading..........	ad No 188, 2014
Division 3
Division 3................	ad No 188, 2014
	rs F2017L01501
Subdivision A heading........	rep F2017L01501
s 25A...................	ad No 188, 2014
	am No 140, 2015
	rs F2017L01501
s 25B...................	ad No 188, 2014
	am No 140, 2015
	rep F2017L01501
s 25C...................	ad No 188, 2014
	am No 140, 2015
	rep F2017L01501
s 25D...................	ad No 188, 2014
	rep F2017L01501
s 25E...................	ad No 188, 2014
	rep F2017L01501
s 25F...................	ad No 188, 2014
	rep F2017L01501
s 25G...................	ad No 188, 2014
	rep F2017L01501
Subdivision C..............	ad F2016L01545
	rep F2017L01501
s 25H...................	ad F2016L01545
	rep F2017L01501
s 25J....................	ad F2016L01545
	rep F2017L01501
s 25K...................	ad F2016L01545
	rep F2017L01501
s 25L...................	ad F2016L01545
	rep F2017L01501
Division 4
Division 4................	ad F2019L00558
s 25B...................	ad F2019L00558
Part 5
Division 1
s 28....................	am No 140, 2015
Division 2
Subdivision A
s 29....................	am No 188, 2014; No 140, 2015; F2016L01653; F2017L01501; F2017L01643
s 30....................	am No 188, 2014; No 140, 2015; F2017L01643
s 31....................	am No 188, 2014; F2017L01501; F2019L00558
Subdivision B
s 34....................	am No 188, 2014; F2016L01545; F2017L01643; F2018L01677; F2019L00558
s 35....................	am No 140, 2015; F2016L01545; F2018L01677
s 36....................	am No 140, 2015; F2016L01545; F2017L01501; F2017L01643; F2018L01677; F2019L00558
s 37....................	am No 188, 2014
s 38....................	am F2017L01643
s 39A...................	ad F2018L01677
Division 3
Subdivision A.............	rep F2017L01501
s 41....................	rep F2017L01501
Subdivision C
s 43....................	am No 140, 2015; F2016L01653; F2017L01501
Subdivision D.............	rep F2016L01653
s 44....................	rep F2016L01653
s 45....................	rep F2016L01653
Subdivision E
s 46....................	am No 140, 2015; F2017L01501
s 47....................	am No 140, 2015
s 48....................	am No 140, 2015; F2017L01501; F2017L01643
s 49....................	am No 140, 2015
s 50....................	am No 140, 2015; F2017L01501; F2017L01643
s 51....................	rep No 140, 2015
Subdivision F
s 52....................	am No 188, 2014; F2018L01424
s 53....................	am No 140, 2015; F2016L01653
s 56....................	am F2017L01501
s 58A...................	ad No 188, 2014
	am F2017L01501
s 58B...................	ad F2018L01424
	am F2020L00439
Subdivision H
s 60....................	am No 140, 2015
Subdivision I..............	rep F2017L01501
s 61....................	am F2016L01653
	rep F2017L01501
Division 5
Division 5................	ad F2017L01501
s 62A...................	ad F2017L01501
Part 7
s 65....................	am No 140, 2015; F2017L01501; F2020L00439
s 66....................	am No 140, 2015; F2017L01501
Part 8
Part 8...................	ad No 188, 2014
s 67....................	ad No 188, 2014
s 68....................	ad No 140, 2015
	am F2017L01501
s 69....................	ad F2016L01545
s 70....................	ad F2016L01653
	ed C6
s 71....................	ad F2017L01501
s 72....................	ad F2017L01643
s 73....................	ad F2018L01677
	am F2018L01677
s 74....................	ad F2019L00558
s 75....................	ad F2020L00439
Schedule 1
Schedule 1................	ad F2017L01501
Part 1
c 1.....................	ad F2017L01501
c 2.....................	ad F2017L01501
c 3.....................	ad F2017L01501
Part 2
Part 2 heading.............	rs F2017L01643
Division 1
Division 1 heading..........	rs F2017L01643
c 4.....................	ad F2017L01501
c 5.....................	ad F2017L01501
c 6.....................	ad F2017L01501
	am F2018L01677
Division 2
Division 2................	rs F2018L01677
c 7.....................	ad F2017L01501
	am F2017L01643
	rs F2018L01677
c 8.....................	ad F2017L01501
	am F2017L01643
	rs F2018L01677
	am F2019L01422
c 9.....................	ad F2017L01501
	rs F2018L01677
c 10....................	ad F2017L01501
	rs F2018L01677
Part 3
c 11....................	ad F2017L01501
c 12....................	ad F2017L01501
	am F2018L01677
c 13....................	ad F2017L01501
Part 4
Part 4 heading.............	rs F2017L01643
c 14....................	ad F2017L01501
	am F2020L00439
c 15....................	ad F2017L01501
	am F2020L00439
c 16....................	ad F2017L01501
	am F2018L01677
Part 5
Part 5...................	ad F2018L01677
Division 1
c 17....................	ad F2018L01677
	rs F2019L01422
	am F2020L00439
c 18....................	ad F2018L01677
c 19....................	ad F2018L01677
Division 2
c 20....................	ad F2018L01677
c 21....................	ad F2018L01677
c 22....................	ad F2018L01677
Part 6
Part 6...................	ad F2019L00981
c 23....................	ad F2019L00981
c 24....................	ad F2019L00981
c 25....................	ad F2019L00981
Schedule 2
Schedule 2................	ad F2017L01501
	am F2017L01643
c 1.....................	ad F2017L01501
	am F2018L01677
Schedule 3
Schedule 3................	ad F2017L01643
c 1.....................	ad F2017L01643
	am F2018L01677
	rs F2019L01422
	am F2020L01428
Schedule 4................	ad F2017L01643
	rep F2020L00439
c 1.....................	ad F2017L01643
	am F2018L01677
	rep F2020L00439