EXPLANATORY STATEMENT

 

Select Legislative Instrument 2007 No. 350

 

 

Subject - Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004

 

Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 2)

 

Background

The Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004 (the Act) provides for financial assistance to the States and Territories for government and non‑government schools for the 2005-2008 funding quadrennium.

 

Authority

Section 140 of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Purpose and operation

The Regulations amend the Schools Assistance (Learning Together –Achievement Through Choice and Opportunity) Regulations 2005 (the Principal Regulations) to supplement funding for the 2007 to 2008 program years for primary and secondary education under sections 121, 122, 123, 123A, 124, 126 and 127 of the Act, through adjustments to recurrent grants and capital grants for both government and non-government schools in line with the changes in the Average Government School Costs (AGSC). This will provide estimated additional funding of $370 million to government and non-government schools for the 2007 calendar year.

 

The Regulations also amend Parts 2 and 3 of the Principal Regulations, to specify requirements under subsections 19(4) and 36(4) of the Act in relation to common national tests. The Regulations specify the requirements for national tests for 2008 for literacy and numeracy for Years 3, 5, 7 and 9 to be implemented by State, Territory and non-government education authorities in each school in 2008.

The Regulations also reflect that for 2008 tests for spelling will be expanded to language conventions. Language conventions is defined as spelling for 2005, 2006 and 2007, and is defined as spelling, grammar and punctuation for 2008. The Regulations amend references to spelling to language conventions in Parts 2 and 3 and Schedules 1 and 2 to the Principal Regulations.

 

Subsections 121(3) and 124(4) of the Act provide that before the Governor-General makes regulations for the purposes of subsections 121(1) or 124(1), the Minister must consider changes in the relevant figures known as the AGSC published from time to time by the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA). The Minister has considered changes to these figures.

 

Section 123A of the Act provides that the regulations may specify changes to certain grant amounts for particular program years, which includes the guarantee amounts relating to the Schools Grants and Non-government Centre Support elements of the Grants for Literacy, Numeracy and Special Learning Needs specified in Columns 3 and 5 of Part 1 of Schedule 9 for a particular program year.

 

Subsection 126(3) of the Act provides that before the Governor-General makes regulations for the purposes of subsection 126(1), the Minister must consider changes in an index of building prices, and an index of wage costs, published by the Australian Statistician. The Minister has considered changes in these indices.

 

Subsection 127(1) of the Act provides that the regulations may provide for an amount in the table in Schedule 6 to the Act to be increased by reference to an index determined in writing by the Finance Minister for the purposes of this section. The Index to be used for this purpose is the Wage Cost Index Number 1 (WCI1). The Finance Minister has determined in writing the changes in the WCI1.

 

The Regulations replace amounts in the relevant Schedules to the Act for:

·      average Government School Recurrent Costs (AGSRC) for primary and secondary levels of education (Schedule 1);

·      the per capita amounts paid under the General Recurrent Grants program (Schedules 2 and 4);

·      the funding available for the Capital Grants Program (Column 2 of Schedules 3 and 5);

·      the funding available for Grants for Non-government Rural Student Hostels (Schedule 6);

·      the funding available for Grants of Short Term Emergency Assistance for Non-government Schools (Schedule 7);

·      the funding available for the Grants for Targeted Assistance (Schedule 8, Part 1);

·      the per capita amounts paid under the ESL New Arrivals program (Schedule 8, Part 2);

·      the funding available for Grants for Literacy, Numeracy and Special Learning Needs (Schedule 9, Part 1); and

·      the per capita amounts paid under the Strategic Assistance program (Schedule 9 Part 2).

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

Commencement

Regulations 1, 2 and 3 and Schedule 1 commence the day after they are registered on the Federal Register of Legislative Instruments. Schedule 2 to the Regulations which change the term “spelling” to “language conventions” in the Principal Regulations, commences on the day worked out in accordance with subsection 140(2) of the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004.

 

Consultation

 

Consultation was not undertaken prior to making the regulations as it was not considered necessary. The regulations have the effect of increasing amounts under sections 121, 122, 123, 123A, 124, 126 and 127 of the Act. The arrangements for national tests for literacy and numeracy for Years 3, 5, 7 and 9 in 2008 were agreed by the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA), in July 2006.

 

Details of the Regulations

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 2).

 

Regulation 2 – Commencement

This regulation provides that:

-          regulations 1, 2 and 3 and Schedule 1 commenced on the day after they were registered on the Federal Register of Legislative Instruments; and

-          Schedule 2 commences on the day worked out in accordance with subsection 140(2) of the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Act 2004.

 

Regulation 3 – Amendment of Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Regulations 2005

 

This regulation provides that the Schools Assistance (Learning Together – Achievement Through Choice and Opportunity) Regulations 2005 (the Principal Regulations) are amended as set out in Schedule 1 and Schedule 2.

 

Schedule 1– Amendments

Item [1] – Part 4

Item 1 substitutes Part 4 – Changes to amounts and costs, into the Principal Regulations.

Regulation 4.1 deals with changes to Average Government School Recurrent Costs and provides that for subsection 121(1) of the Act, each amount mentioned in Schedule 1 of the Act for a program year and a type of education is replaced by the amount mentioned in the table set out in regulation 4.1 for that type of education and program year.

Notes at the end of the table explain that section 121 of the Act provides for changes to Average Government School Recurrent Costs mentioned in Schedule 1 of the Act and that in accordance with sections 122 and 123 of the Act, each amount mentioned in Schedules 2 and 4 of the Act is replaced by an amount worked out using the corresponding amount mentioned in this regulation.

Regulation 4.2 deals with changes to grant amounts for a particular program year and provides that for subsection 123A(1) of the Act, the amounts mentioned in the table are specified for columns 3 and 5 of the table in Part 1 of Schedule 9 of the Act.

 

The amounts in column 3 and column 5 of the table at Part 1 of Schedule 9 of the Act are the ‘guarantee amounts’ for funding recipients which are intended to ensure that funding recipients are not disadvantaged by changes in the mechanisms by which funding is allocated for the 2005-2008 quadrennium.

Overall, funding recipients will receive funding up to the sum of columns 2 and 3 for grants for schools, and likewise non-government centres will receive up to the sum of columns 4 and 5.

Regulation 4.3 deals with general changes to recurrent grants and provides that for the definition of recurrent number for the program year in paragraph 124(1)(b) of the Act, the number for the 2005 program year is 1.038, the number for the 2006 program year is 1.087 and the number for the 2007 and 2008 program years is 1.140.

Regulation 4.4 deals with changes to capital grants for government schools and non-government schools, and provides that for paragraph (b) of the definition of capital number for the program year in paragraph 126(1)(b) of the Act, the number for the 2005 program year is 1.117, the number for the 2006 program year is 1.175 and the numbers for the 2007 and 2008 program years is 1.244.

Regulation 4.5 deals with changes to other grants for non-government rural student hostels and provides that for subsection 127(1) of the Act, each amount mentioned in the table in Schedule 6 of the Act is increased by a factor of 1.021 for the 2005 program year, a factor of 1.040 for the 2006 program year and is increased by a factor of 1.061 for the 2007 and 2008 program years.

A note at the end of the regulation explains that the Wage Cost Index No. 1 is the index determined in writing by the Finance Minister for subsection 127(1) of the Act.

Schedule 2– Amendments commencing in accordance with subsection 140(2) of the Act

Item [1] - Regulation 1.3

Item 1 inserts a new definition for “language conventions” in regulation 1.3 of the Principal Regulations. Language conventions is defined as meaning spelling for 2005, 2006 and 2007, and is defined meaning as spelling, grammar and punctuation for 2008.

Items [2] to [7]

Items 2 to 7 replaces “spelling” with “language conventions” in paragraphs 2.1(1)(a), 2.1(1)(c), 2.1(1)(e), 2.3(2)(a), 2.3(2)(b) and 2.3(2)(c).

Item [8] - Regulation 2.7

Item 8 substitutes a new regulation 2.7 Educational accountability – common national tests. New regulation 2.7 outlines the requirements of common national tests to be implemented by each government school in 2008 as required under subsection 19(4) of the Act. In 2008 each school is required to administer common national tests in reading, writing, language conventions and numeracy for students in Years 3, 5, 7 or 9.

 

Items [9] to [14]

Items 9 to 14 replace “spelling” with “language conventions” in paragraphs 3.1(1)(a), 3.1(1)(c), 3.1(1)(e), 3.3(2)(a), 3.3(2)(b) and 3.3(2)(c).

Item [15] - Regulation 3.7

Item 15 substitutes a new regulation 3.7 Educational accountability – common national tests. New regulation 3.7 outlines the requirements of common national tests to be implemented by each non-government school in 2008 as required under subsection 36(4) of the Act. In 2008 each school is required to administer common national tests in reading, writing language conventions and numeracy for students in Years 3, 5, 7 or 9.

Items [16] to [19] - Schedule 1

Items 16 to 19 replace “spelling” with “language conventions” in items 103, 106, 109 and 112 of Schedule 1, Performance Measures respectively.

Item [20] - Schedule 2

Item 20 replaces “spelling” with “language conventions” in item 6 of Schedule 2, School Performance Information.