Commonwealth Numbered Regulations - Explanatory Statements

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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) REGULATIONS 2001 2001 NO. 11

STATUTORY RULES 2001 No. 11

Issued by the Authority of the Minister for Education, Training and Youth Affairs

States Grants (Primary and Secondary Education Assistance) Act 2000

States Grants (Primary and Secondary Education Assistance) Regulations 2001

Subsection 118(1) of the States Grants (Primary and Secondary Education Assistance) Act 2000 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Paragraphs 12(1)(b) and 19(b) of the Act provide that as a condition of funding, a State or nongovernment education authority must make a commitment to achieve performance measures (Including the performance targets) set out in the regulations as in force from time to time. Paragraphs 15(b) and 23(b) require as a condition of funding that a State or non-government education authority must provide to the Minister reports addressing the requirements for performance information as set out in the regulations as in force from time to time. Paragraphs 15(e) and 23(e) provide as a condition of funding, that if the Minister considers that the State or non-government education authority has not achieved the performance measures (Including the performance targets) set out in the regulations, the Minister may ask the State or non-government education authority to take specified action and the State or non-government education authority should provide a report on the action taken.

The Regulations provide for the setting of performance measures (including performance targets) which may be updated from time to time over the quadrennium 2001 to 2004. They provide for performance measures for Literacy and Numeracy achievements and targets covering Literacy and Numeracy achievement, as well as Participation measures and Attainment measures.

These performance measures and targets are based on agreements made by State and Commonwealth Education Ministers through the Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA), and have been developed through the MCEETYA Benchmarking Taskforce and the MCEETYA National Education Performance Monitoring Taskforce.

The Regulations commenced on the day after they were no longer liable to be disallowed, or to have been taken to have been disallowed, by either house of Parliament. This is in accordance with subsection 118(2) which provides that Regulations made for the purposes of sections 12, 15, 19 and 23 of the Act may not commence earlier than the first day after expiry of the disallowance period.

Details of the proposed Regulations are attached.

ATTACHMENT

DETAILS OF THE STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) REGULATIONS 2001

Regulation 1:        Name of Regulations

Provides that the Regulations may be cited as the States Grants (Primary and Secondary Education Assistance) Regulations 2001.

Regulation 2:        Commencement

Provides that the Regulations commence on the first day on which they are no longer liable to be disallowed by the Parliament.

Regulation 3:        Definition

Provides definitions for certain terms used in the Regulations.

Regulation 4:        National Benchmarks

Provides for the national benchmarks for reading, writing, spelling and numeracy for years 3, 5 and 7, and includes information on how information relating to the benchmarks may be accessed.

Regulation 5:        Performance measures

Provides the performance measures for literacy and numeracy that States and non-government education authorities are required to achieve in relation to students in Years 3, 5 and 7.

Regulation 6:        Performance targets

Provides the performance targets to be achieved by States and non-government education authorities in each program year as a condition of funding,

Regulation 7:        Performance information

Provides the performance information that States and non-government education authorities are required to provide to the Minister as a condition of financial assistance.