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SCHOOLS ASSISTANCE (LEARNING TOGETHER--ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) ACT 2004 - SECT 53

Change of funding level of non - government school due to incorrect SES score etc.

  (1)   If the Minister is satisfied that the school's SES score (the old SES score ):

  (a)   has not been determined correctly; or

  (b)   without limiting paragraph   ( a), does not reflect the socioeconomic circumstances of the school's community (in the way required by the guidelines approved by the Minister under section   8); or

  (c)   is no longer accurate because of a significant change in the school's circumstances;

the Minister must:

  (d)   determine a different SES score (the new SES score ); and

  (e)   determine a different current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision C of Division   2 of Part   6 applied to the school; and

  (f)   determine a different current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision D or E of Division   2 of Part   6 applied to the school; and

  (g)   determine a different current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision F of Division   2 of Part   6 applied to the school; and

  (ga)   determine a different current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision G of Division   2 of Part   6 applied to the school; and

  (h)   make appropriate variations to the list of non - government schools.

  (2)   A determination under paragraph   ( 1)(g) is taken to apply in relation to:

  (a)   the program year in which the application under section   52 is made if the current SES funding level determined under that paragraph is equal to or greater than the percentage of AGSRC relating to the school's old SES score; or

  (b)   the program year immediately after the program year in which the application under section   52 is made if the current SES funding level determined under that paragraph is less than the percentage of AGSRC relating to the school's old SES score.

  (3)   The Minister must refuse the application if the Minister is not satisfied of any of the matters in subsection   ( 1).

Note:   Section   65 requires the Minister to give notice of the determination to the approved authority.

  (4)   A variation under this section must not take effect for a program year before the program year in which the application is made.



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