Commonwealth Consolidated Acts

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AUSTRALIAN EDUCATION ACT 2013


TABLE OF PROVISIONS

           Preamble

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Short title  
   2.      Commencement  
   3.      Objects of this Act  
   4.      Guide to this Act  
   5.      Binding the Crown  

           Division 2--Interpretation

   6.      Definitions  
   7.      Definition of census day  
   8.      Definition of majority Aboriginal and Torres Strait Islander school  
   9.      Definition of overpayment  
   10.     Definition of receives  
   11.     Definition of recoverable payment  
   12.     Definition of total entitlement  
   13.     Definitions of kinds of schools based on location  
   14.     Minister to determine participating States and Territories  
   15.     Levels of education  
   16.     Working out the number of students at a school for a year  
   17.     Part-time students  
   18.     Minister to make determinations in relation to locations of schools  
   19.     Non-government schools providing only distance education  

   PART 2--GRANTS OF FINANCIAL ASSISTANCE TO STATES AND TERRITORIES

   20.     Guide to this Part  
   21.     Financial assistance for schools  
   22.     Conditions of financial assistance--implementing national policy initiatives relating to school education  
   23.     Conditions of financial assistance--conditions relating to payments to States and Territories for non-government schools  
   24.     Condition of financial assistance--recovering amounts  
   25.     Minister to determine timing and amounts of recurrent funding  
   26.     Entitlement to recurrent funding  
   27.     Pro-rating of recurrent funding  
   28.     Minister to determine timing and amounts of capital funding  
   29.     Minister to determine timing and amounts of other funding for schools  
   30.     Minister to determine timing and amounts of funding for non-government representative body  

   PART 3--RECURRENT FUNDING FOR PARTICIPATING SCHOOLS

           Division 1--Guide to this Part

   31.     Guide to this Part  

           Division 2--The funding formula for participating schools

   32.     The amount payable for a participating school  
   33.     Base amount for schools  
   34.     SRS funding amounts  
   35.     School's total loading  

           Division 3--Working out loadings

              Subdivision A--Loadings

   36.     Student with disability loading  
   37.     Aboriginal and Torres Strait Islander loading  
   38.     Low socioeconomic status student loading  
   39.     Low English proficiency loading  

              Subdivision B--Location loading

   40.     Location loading  
   41.     Location percentage for certain schools  

              Subdivision C--Size loading

   42.     Size loading  
   43.     Definitions--kinds of schools based on size  
   44.     Definition--maximum size loading  
   45.     Definitions--primary percentage and secondary percentage  
   46.     Very small schools--size loading  
   47.     Very small schools--schools covered by item 3 of the table in section 46  
   48.     Very small schools--major city schools  
   49.     Very small schools--starting amount  
   50.     Very small schools--ARIA student number  
   51.     Medium-sized schools--size loading  

           Division 4--Miscellaneous

              Subdivision A--Capacity to contribute percentage

   52.     Determining SES scores  
   53.     Determinations may be on application or on Minister's own initiative  
   54.     Capacity to contribute percentage  

              Subdivision B--Miscellaneous

   55.     Locations of a school  
   56.     Rounding amounts  

           Division 5--Transitional recurrent funding for participating schools

              Subdivision A--Funding for approved authorities that were approved authorities on 1 January 2014

   57.     Application of this Subdivision  
   58.     New and old per student amounts  
   59.     Old per student amount for 2014 less than new per student amount for 2014  
   60.     Limits on amount that may be determined for the purposes of section 59  
   61.     Old per student amount for 2013, increased by 3%, more than new per student amount for 2014  
   62.     Transitional recurrent funding for special schools and special assistance schools  
   63.     Funding for all other participating schools  

              Subdivision B--Funding for approved authorities if there is a change in the approved authority for a participating school

   63A.    Transitional recurrent funding for a participating school whose approved authority changes after 1 January 2014  
   63B.    Application of Subdivision A of this Division to the new approved authority  

   PART 4--RECURRENT FUNDING FOR NON-PARTICIPATING SCHOOLS THROUGH A NATIONAL SPECIFIC PURPOSE PAYMENT

   64.     Guide to this Part  
   65.     National specific purpose payments for schools in non-participating States and Territories  

   PART 5--CAPITAL AND OTHER FUNDING

           Division 1--Guide to this Part

   66.     Guide to this Part  

           Division 2--Capital funding

   67.     Capital funding  
   68.     Limit on total amount available for capital funding for block grant authorities  

           Division 3--Other funding for schools

   69.     Special circumstances funding  
   69A.    Funding in prescribed circumstances  

           Division 4--Funding for non-government representative bodies

   70.     Funding for non-government representative bodies  

   PART 6--APPROVING AUTHORITIES AND BODIES

           Division 1--Guide to this Part

   71.     Guide to this Part  

           Division 2--Approving approved authorities

   72.     Application for person to be approved as an approved authority  
   73.     Approval of person  
   74.     Approval or refusal of approval on public interest grounds  
   75.     Basic requirements for approval  
   76.     Approved authorities for government schools taken to satisfy basic requirements  
   77.     Ongoing policy requirements for approved authorities  
   78.     Ongoing funding requirements for approved authorities  
   79.     Limitation on approval  
   80.     Variation or revocation of approval on application  
   81.     Variation or revocation of approval on Minister's own initiative  

           Division 3--Approving block grant authorities

   82.     Application for person to be approved as a block grant authority  
   83.     Approval of person  
   84.     Basic requirements for approval  
   85.     Ongoing requirements for approval  
   86.     Limitation on approval  
   87.     Variation or revocation of approval on application  
   88.     Variation or revocation of approval on Minister's own initiative  

           Division 4--Approving non-government representative bodies

   89.     Minister may invite a person to apply to be a non-government representative body  
   90.     Application for person to be approved as a non-government representative body  
   91.     Approval of person  
   92.     Basic requirements for approval  
   93.     Ongoing requirements for approval  
   94.     Limitation on approval  
   95.     Variation or revocation of approval on application  
   96.     Variation or revocation of approval on Minister's own initiative  

   PART 7--IMPLEMENTATION PLANS

   97.     Guide to this Part  
   98.     Application of this Part to approved authorities for more than one participating school  
   99.     Approved authority must have an implementation plan  
   100.    Approved authority must be able to implement implementation plan properly  
   101.    Period of implementation plan  
   102.    Review of implementation plan  
   103.    Keeping implementation plans up to date  
   104.    Publication of implementation plan  
   105.    Minister may give a direction in relation to an implementation plan  
   106.    Requirement to consider relevant arrangements before making regulations  

   PART 8--TAKING ACTION FOR NON-COMPLIANCE AND REQUIRING AMOUNTS TO BE REPAID

           Division 1--Guide to this Part

   107.    Guide to this Part  

           Division 2--Taking action for non-compliance and requiring amounts to be repaid

   108.    Application of Division for non-compliance  
   109.    Application of Division when amounts are required to be repaid  
   110.    Actions the Minister may take  
   111.    Effect of determination under paragraph 110(1)(a) or (b)  

           Division 3--Recoverable payments

   112.    Recoverable payments  
   113.    Reports about recoverable payments  

   PART 9--MISCELLANEOUS

           Division 1--Guide to this Part

   114.    Guide to this Part  

           Division 2--Rules relating to applications

   115.    Approved form for applications  
   116.    Request for further information  
   117.    Withdrawal of application  

           Division 3--Review of decisions

   118.    Reviewable decisions  
   119.    Notice of decision  
   120.    Internal review of reviewable decisions  
   121.    Secretary or internal reviewer may require further information from applicants  
   122.    Review by the Administrative Appeals Tribunal  

           Division 4--Miscellaneous

   123.    False or misleading information  
   124.    Secretary may arrange for use of computer programs to make decisions  
   125.    Making records of, using, disclosing or publishing protected information  
   126.    Appropriation  
   127.    Annual report by Minister  
   128.    Independent reviews of arrangements and requirements relating to funding  
   129.    Delegation  
   130.    Regulations  


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