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AUSTRALIAN EDUCATION ACT 2013 - SECT 52

Determining CTC scores

  (1)   The Minister must (subject to subsection   ( 6)) determine, in writing, the CTC score for a school.

Note:   Decisions under this subsection are reviewable decisions (see Division   3 of Part   9).

  (4)   A determination under subsection   ( 1) for a school must be in accordance with the regulations 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 .

Note:   The regulations may prescribe matters that the Minister may or must have regard to in making a decision under this subsection   ( see paragraph   130(2)(b)).

  (5)   A determination of a school's CTC score that applies to a year must not be made under subsection   ( 1) after the year has ended unless:

  (a)   both of the following apply:

  (i)   the determination (the new determination ) replaces a previous determination that is in force for the school;

  (ii)   the CTC score in the new determination is no higher than the CTC score in the previous determination; or

  (b)   the approved authority for the school agrees in writing to the determination being made retrospectively; or

  (c)   the Minister is satisfied that special circumstances justify the determination; or

  (d)   the determination is made by, or as a result of a decision by, an internal reviewer, the Administrative Appeals Tribunal or a court after reviewing a previous determination that applied to the year.

  (6)   This section does not apply in relation to the following schools:

  (a)   a government school;

  (b)   a special school;

  (c)   a special assistance school;

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

  (e)   a sole provider school.


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