Federal Register of Legislation - Australian Government

Primary content

Act No. 1 of 1991 as made
An Act to amend the States Grants (Schools Assistance) Act 1988
Administered by: Education and Training
Date of Assent 08 Jan 1991
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - TABLE OF PROVISIONS

TABLE OF PROVISIONS

Section

1. Short title etc

2. Commencement

3. Interpretation

4. Grants for capital projects in connection with government schools etc

5. Grants for general recurrent expenditure of government schools

6. Grants for recurrent expenditure on ESL courses in government schools

7. Grants for expenditure in connection with special
education at government schools and centres

8. Insertion of new section:

16A. Special education schools support-government element

9. Variations of Schedule 5

10. Approval of capital projects for non-government schools etc

11. Grants for capital projects for non-government schools etc

12. Grants for general recurrent expenditure of non-government schools

13. Recurrent expenditure grants: ESL courses in non-government
schools for new arrivals

14. Grants for recurrent expenditure on special education at
non-government schools etc

15. Insertion of new section:

28A. Special education schools support-non-government element

16. Additional conditions of grants under Part

17. Grants for programs for children with severe disabilities

18. Grants for early special education programs

19. Insertion of new section:

37A. Special education-intervention support

20. Insertion of new sections:

39A. Literacy and learning projects-national element

39B. Literacy and learning projects-general element

21. Insertion of new Part:

PART VIIB - GRANTS FOR AWARD RESTRUCTURING

40E. Approved awards and agreements

40F. Award restructuring assistance

40G. Amount of award restructuring assistance

40H. Conditions of award restructuring assistance

40J. Publication of details of grants of award
restructuring assistance

22. Minor amendments of Principal Act

23. Repeal of Schedules and substitution of new Schedules
SCHEDULE 1
MINOR AMENDMENTS OF PRINCIPAL ACT
SCHEDULE 2
NEW SCHEDULES TO THE PRINCIPAL ACT

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - LONG TITLE

An Act to amend the States Grants (Schools Assistance) Act 1988

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 1
Short title etc.

(Assented to 8 January 1991)
1. (1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act 1990.
(2) In this Act, "Principal Act" means the States Grants (Schools Assistance) Act 1988*1*.

(Minister's second reading speech made in
House of Representatives on 8 November 1990
Senate on 15 November 1990)
*1* No. 1, 1989, as amended. For previous amendments, see Nos. 79, 159 and 169, 1989.

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 2
Commencement

2. This Act commences on the day on which it receives the Royal Assent.

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 3
Interpretation

3. Section 3 of the Principal Act is amended:
(a) by omitting from paragraph (h) of the definition of "capital project" in subsection (1) "or a rural student hostel";
(b) by omitting from subsection (1) the definition of "integration activities" and substituting the following definition:
" `integration activities' means activities designed to integrate children with disabilities or students with disabilities into schools, or into other places of education approved by the Minister or the State Minister for the purposes of this definition, being schools or places of education at which education is provided for children or students other than children with disabilities or students with disabilities;";
(c) by omitting from the definition of "schools census day" in subsection (1) "July" and substituting "August";
(d) by inserting the following definitions:
" `additional expenditure' means:
(a) in relation to complying with an approved award or agreement in a
Back to Top

program year - expenditure in that year of a greater amount than the amount that would have been spent if the award or agreement had not been made; or
(b) in relation to complying with terms or conditions referred to in subsection 40F (3) in a program year - expenditure in that year of a greater amount than the amount that would have been spent if the terms and conditions had not been restructured as mentioned in that subsection;
and, in either case, if the expenditure of an approved authority of an approved school system or of a non-systemic school in that year on the salary of a principal or a deputy principal of a school is greater than the amount that would have been spent if the award or agreement had not been made, or the terms and conditions had not been restructured, as the case may be - includes that greater expenditure, even if the principal or deputy principal is not covered by the approved award or agreement, or is not subject to the terms and conditions;
`approved award or agreement' means an award approved under section 40E, an agreement approved under that section, part of an award approved under that section or part of an agreement approved under that section;
`award restructuring assistance' means financial assistance under section 40F;
`children in residential care' means children who:
(a) are separated from their families for welfare, rehabilitation, corrective or medical purposes; and
(b) are living in establishments that provide programs that include one or more of the following services:
(i) counselling;
(ii) education;
(iii) guidance;
(iv) another service similar to a service mentioned in subparagraph (i), (ii) or (iii); and
(c) are participating in one or more of those programs;
`child with disabilities' means:
(a) a child who has not reached school age and who has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that would, if the child had reached school age, satisfy the criteria for enrolment in special education services, or special education programs, being services or programs provided by the government of a State; or
(b) a child with severe disabilities;
`ESL course' means a course of instruction in English as a second language;
`quarter' means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;
`secondary' means junior secondary or senior secondary;
`school age', in relation to a child, means the age at which the child is first required to attend school under a law of the State in which the child lives;
`student with disabilities' means:
(a) a student who is attending a government school, government centre, non-government school or non-government centre and has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that satisfies the criteria for enrolment in special education services or special education programs, being services or programs provided by the government of the State in which the school or centre is located; or
(b) a child with severe disabilities;";
(e) by inserting in subsection (4) ", a non-government centre" after "rural student hostel".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 4
Grants for capital projects in connection with government schools etc.

4. Section 12 of the Principal Act is amended by inserting after subsection (1) the following subsections:
"(1A) The Minister may, by determination in writing, authorise payment to a State by way of financial assistance to the State for expenditure for a program year for projects undertaken at secondary level assisting the retention of secondary level students in government schools.
"(1B) The total amount paid to a State under subsection (1A) for a program year must not exceed the amount set out opposite the name of the State in column 5 of Schedule 1.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 5
Grants for general recurrent expenditure of government
schools

5. Section 13 of the Principal Act is amended by adding at the end of
Back to Top

subsection (1) the following word and paragraphs:
"; and (c) the product of the amount set out in the column of Part 3 of Schedule 2 that relates to the year and the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving primary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister; and
(d) the product of the amount set out in the column of Part 4 of Schedule 2 that relates to the year and the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving secondary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 6
Grants for recurrent expenditure on ESL courses in government schools

6. Section 14 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections:
"(2) The Minister may, by determination in writing, authorise payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for a program year on ESL courses provided for eligible new arrivals at or in connection with government schools in the State, being courses beginning or continuing in the program year.
"(3) The total amount paid to a State under subsection (2) for a program year must not exceed the product of the amount specified in the column of Part 2 of Schedule 3 that relates to that year and the number of persons doing ESL courses as mentioned in subsection (2).".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 7
Grants for expenditure in connection with special
education at government schools and centres

7. Section 16 of the Principal Act is amended:
(a) by omitting from subsection (1) "in respect of a program year" and substituting "for the program years 1989 and 1990";
(b) by omitting from subsection (1) "that year" and substituting "the year concerned".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 8

8. After section 16 of the Principal Act the following section is inserted:
Special education schools support - government element
"16A. (1) The Minister may, by determination in writing, authorise the payment to a State for the program year 1991 and subsequent program years of an amount by way of financial assistance to the State for those years for recurrent expenditure, including recurrent expenditure on integration activities and expenditure on minor capital projects in connection with integration activities conducted at government schools in the State, or at places of education approved by the Minister or the State Minister for the purposes of the definition of `integration activities' in subsection 3 (1), being schools or places at which special education is provided by or on behalf of the State.
"(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 2 of Schedule 5 in relation to the year.
"(3) The Minister must not authorise a payment to a State under subsection (1) for a program year unless the State has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1).
"(4) Financial assistance is granted to a State for a program year under this section:
(a) on the conditions set out in the agreement; and
(b) on the additional conditions applicable under section 18.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 9
Variations of Schedule 5

9. Section 17 of the Principal Act is amended:
(a) by omitting from subsection (1) all the words from and including "a program year" and substituting "the program year 1989 or 1990 some or all of the amounts set out in columns 2, 3, 4, 5, 6, 7 and 8 of Part 1 or Part 2 of Schedule 5 respectively.";
(b) by inserting after subsection (1) the following subsection:
"(1A) Subject to subsection (2), the Minister may, by determination in writing, vary during the program year 1991 or a later program year some or all of the amounts set out, opposite the name of a State, in columns 2, 3 and 4 of the part of Schedule 5 that relates to the year.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 10
Approval of capital projects for non-government schools etc.

10. Section 20 of the Principal Act is amended:
(a) by omitting subsection (2) and substituting the following subsection:

"(2) If the Minister approves a capital project for a program year:
(a) in connection with a non-BGA school, a non-government centre or a non-BGA rural student hostel; or
(b) in connection with children with disabilities or students with

Back to Top

disabilities, being children or students attending a BGA school;
the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of that project for the year.";
(b) by omitting subsection (5) and substituting the following subsection:
"(5) If the Minister approves a capital project
for a BGA school or a BGA rural student hostel in respect of a program year or 2 or more program years, the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of the project for the year, or for each year, as the case requires.";
(c) by omitting paragraph (7) (a) and substituting the following paragraph:
"(a) varying the total amount originally specified under subsection (5) or, if the original amount has been varied under subsection (8), the amount as varied, by more than 10%; or";
(d) by omitting subsection (8) and substituting the following subsection:
"(8) The Minister may, by determination in
writing, vary an amount specified under subsection (5) but not so as to require a payment to the block grant authority for a program year that exceeds the amount determined in relation to the authority under subsection (4) for the year.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 11
Grants for capital projects for non-government schools etc.

11. Section 21 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:
"(2) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program years 1989 and 1990 in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.
"(2A) The sum of the amounts paid to the States under subsection (2) for a program year must not exceed the amount set out in column 3 of Schedule 6 opposite the year concerned.
"(2B) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program year 1991 and subsequent years in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.
"(2C) The sum of the amounts paid to the States under subsection (2B) for a program year must not exceed the amount set out in column 5 of the part of Schedule 5 that relates to that year.
"(2D) The Minister may, by determination in writing, authorise payment to the States by way of financial assistance for expenditure for a program year for projects assisting the retention of students in secondary schools, being projects at secondary level that have been approved under section 20 for that year.
"(2E) The sum of the amounts paid to the States under subsection (2D) for a program year must not exceed the amount set out in relation to the year in column 4 of Schedule 6.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 12
Grants for general recurrent expenditure of non- government schools

12. Section 22 of the Principal Act is amended by adding at the end the following subsection:
"(8) If:
(a) an amount is payable to a State for a program year under another subsection of this section (except subsection (2) or (3)) in relation to the number of students receiving education at systemic schools in an approved school system or at a non-systemic school; and
(b) any of the students are students with disabilities; and
(c) the funding level of the system or the non-systemic school is not category 12;
the Minister may, by determination in writing, authorise payment to the State for that year, for the approved authority of the system or the approved authority of the non-systemic school, of an additional amount equal to the product of:
(d) the number of the students with disabilities; and
(e) the difference between the amount payable under that subsection, in relation to a student, for the system or the non-systemic school for that year and the amount payable under that subsection for that year in relation to a student receiving education at a school in a system or a non-systemic school where the level of funding of the system or the non-systemic school is category 12.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 13
Recurrent expenditure grants: ESL courses in non-government schools for
new arrivals

13. Section 26 of the Principal Act is amended by omitting from subsection (1) "new arrivals in that year" and substituting "new arrivals enrolled in ESL courses beginning or continuing in the program year, being courses".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 14
Grants for recurrent expenditure on special education at

Back to Top

non-government schools etc.

14. Section 28 of the Principal Act is amended:
(a) by omitting from subsection (1) "in respect of a program year" and substituting "for the program years 1989 and 1990";
(b) by omitting from subsection (1) "that year" and substituting "the year concerned".
(c) by omitting from subsection (2) "in respect of a program year" and substituting "for the program years 1989 and 1990";
(d) by omitting from subsection (2) "that year" and substituting "the year concerned".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 15

15. After section 28 of the Principal Act the following section is inserted:
Special education schools support - non-government element
"28A. (1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for that year for recurrent expenditure, expenditure on integration activities and expenditure on minor capital projects, being expenditure in connection with special education provided at or in connection with a non-government school, or a non-government centre, in the State.
"(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 3 of Schedule 5 in relation to the year.
"(3) Financial assistance for a program year is granted to a State under subsection (1) in connection with a non-government school or a non-government centre:
(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay the approved authority of the school or the centre an amount equal to each amount paid to the State under subsection (1) in connection with the school or centre and, when making the payment, will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under subsection (1); and
(b) on the condition that the State will only make a payment to the approved authority of the school or the centre if the approved authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister; and
(c) on the additional conditions applicable under section 29.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 16
Additional conditions of grants under Part

16. Section 29 of the Principal Act is amended by omitting subparagraph (3) (a) (ii) and substituting the following subparagraph:
"(ii) is granted to a State under a provision of this Part for non-government schools, non-government centres or rural non-government student hostels; and".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 17
Grants for programs for children with severe disabilities

17. Section 36 of the Principal Act is amended:
(a) by omitting from subsection (1) "in respect of a program year" and substituting "for the program years 1989 and 1990";
(b) by omitting from subsection (1) "that year" and substituting "the year concerned".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 18
Grants for early special education programs

18. Section 37 of the Principal Act is amended:
(a) by omitting from subsections (1) and (2) "a program year" and substituting "the program years 1989 and 1990";
(b) by omitting from subsection (2) "that year" (wherever occurring) and substituting "the year concerned".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 19

19. After section 37 of the Principal Act the following section is inserted:
Special education - intervention support
"37A. (1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for special education programs and special education activities provided in that year for children with disabilities, children with severe disabilities and children in residential care.
"(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 4 of Schedule 5 in relation to the year.
"(3) The Minister must not authorise payment to a State under subsection (1) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1).
"(4) Financial assistance for a program year is granted to a State under
Back to Top

this section:
(a) on the conditions set out in the agreement; and
(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:
(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (1) for the program year; and
(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils that condition.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 20

20. After section 39 of the Principal Act the following sections are inserted:
Literacy and learning projects - national element
"39A. (1) The Minister may, by determination in writing, approve a project for the purposes of this section if:
(a) the project is to be carried out in Australia with the sole or principal object of enhancing literacy and learning at secondary level; and
(b) the Minister is satisfied that the project is of national importance and that it is desirable to provide assistance under this section in connection with the project.
"(2) The Minister may, by determination in writing, authorise the payment to a State, for a program year, of an amount by way of financial assistance to the State for expenditure in relation to an approved project.
"(3) The sum of amounts paid to the States under subsection (2) for a program year must not exceed the amount set out in relation to the year in Part 1 of Schedule 18.
"(4) The Minister must not authorise payment to a State under subsection (2) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (2).
"(5) Financial assistance is granted to a State under subsection (2) for a program year in relation to an approved project conducted by the State:
(a) on the conditions set out in the agreement; and
(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for the fulfilment of the condition:
(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (2) for the program year; and
(ii) the Minister may delay making any further payment to the State under subsection (2) until the State fulfils the condition.
"(6) Financial assistance is granted to a State under subsection (2) for a program year in relation to an approved project conducted by a person or organisation (except the State):
(a) on the condition that the State will, as soon as practicable, pay the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project, and, when making a payment, will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and
(b) on the condition that, if the State does not fulfil the condition referred to in paragraph (a), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (2) for the program year; and
(c) on the condition that the State will not make a payment to the person or organisation under subsection (2) unless the person or organisation has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister; and
(d) on the condition that, if the person or organisation does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the person or organisation until the person or organisation fulfils that obligation.
Literacy and learning projects-general element
"39B. (1) The Minister may, by determination in writing, authorise the payment to a State for a program year of an amount by way of financial assistance for recurrent expenditure for that year for professional development programs related to enhancing literacy and learning at secondary level.
"(2) The sum of any amounts paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in relation to that year in Part 2 of Schedule 18.
"(3) The Minister must not authorise a payment to a State for a program year unless the State has made an agreement with the Commonwealth for that year, or
Back to Top

for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under that subsection.
"(4) Financial assistance is granted to a State for a program year under subsection (1):
(a) on the conditions set out in the agreement; and
(b) on the condition that, if the State does not comply with a condition specified in the agreement relating to the grant within the time (if any) specified in the agreement for fulfilling the condition:
(i) the State will, if the Minister so determines, repay the Commonwealth an amount determined by the Minister, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (1) for the program year; and
(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils the condition.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 21

21. After Part VIIA of the Principal Act the following Part is inserted:
"PART VIIB - GRANTS FOR AWARD RESTRUCTURING
Approved awards and agreements
"40E. The Minister may approve for the purposes of this Part all or part of an award, or of an agreement, in respect of school teachers' salaries, being an award or agreement made or endorsed by an industrial tribunal, or an industrial court, of the Commonwealth or a State. Award restructuring assistance
"40F. (1) If the Minister is satisfied that a State will incur additional expenditure in relation to government schools in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment by way of financial assistance to the State towards that additional expenditure.
"(2) If the Minister is satisfied that the approved authority of an approved school system or the approved authority of a non-systemic school will incur additional expenditure in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.
"(3) If:
(a) school teachers employed by the approved authority of an approved school system or of a non-systemic school are not covered by an approved award or agreement; and
(b) the Minister is satisfied:
(i) that the approved authority will incur additional expenditure in relation to a program year as a result of restructuring the terms and conditions of employment of the school teachers; and
(ii) that as a result of the restructuring, elements of those terms and conditions are comparable to elements of the terms and conditions of school teachers under an approved award or agreement;
the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.
Amount of award restructuring assistance
"40G. (1) The amount of award restructuring assistance paid or to be paid to a State for government schools for a program year must be determined by the Minister in writing having regard to any other financial assistance paid or to be paid to the State under this Act for that year.
"(2) The amount of award restructuring assistance paid or to be paid for an approved authority for a program year must be determined by the Minister, in writing, having regard to any other assistance paid or to be paid to the State for the authority under this Act for that year.
"(3) The total amount of award restructuring assistance paid to the States for the program years 1990 and 1991 (including award restructuring assistance paid in those years to approved authorities) must not exceed the amount set out in column 1 of Schedule 19.
Conditions of award restructuring assistance
"40H. (1) Award restructuring assistance is granted to a State for government schools for a program year on the condition that the State has entered into an agreement with the Commonwealth in respect of that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.
"(2) Award restructuring assistance is granted to a State for government schools for a program year:
(a) on the conditions set out in the agreement; and
(b) on the conditions that, if the State does not fulfil a condition set out in the agreement:
(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for that year; and
(ii) the Minister may delay making any further payment to the State under this Part until the State fulfils the condition.
"(3) If the Minister has determined under subsection (2) that a State should
Back to Top

repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for government schools for a program year by an amount not greater than the amount that remains unpaid.
"(4) Award restructuring assistance is granted to a State for the approved authority of an approved school system or the approved authority of a non-systemic school for a program year on the conditions that:
(a) the State will pay the approved authority of the system or school an amount equal to each amount of award restructuring assistance paid to the State for the authority for that year, and, when making the payment, will identify it as a payment out of the award restructuring assistance granted to the State under this Act; and
(b) the State will not pay any award restructuring assistance to the approved authority for a program year unless the authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.
"(5) Award restructuring assistance is granted to a State for an approved authority for a program year on the additional conditions that:
(a) if the State does not fulfil a condition specified in an agreement entered into for the purposes of subsection (4) within the time (if any) specified for fulfilling the condition, the State will, if the Minister so determines, repay the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for the authority for the year; and
(b) if the approved authority does not fulfil a condition of the agreement, the Minister may delay making any further payment of award restructuring assistance to the State for the authority until the authority fulfils the condition.
"(6) If the Minister has determined under subsection (5) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for the approved authority for a program year by an amount not exceeding the amount that remains unpaid.
"(7) Nothing in this section authorises the recovery by the Commonwealth, in respect of award restructuring assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the sum of that amount and:
(a) any amount previously recovered from that State under that provision; and
(b) any amount previously recovered under such an agreement;
would exceed the amount of that award restructuring assistance.
Publication of details of grants of award restructuring assistance
"40J. As soon as practicable after the end of each quarter in which payments of award restructuring assistance are made, the Minister must publish in the Gazette details of:
(a) the amount of award restructuring assistance paid to each State in that quarter for government schools; and
(b) the amount of award restructuring assistance paid to each State in that quarter for non-systemic schools; and
(c) the amount of award restructuring assistance paid to each State in that quarter for systemic schools.".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 22
Minor amendments of Principal Act

22. The Principal Act is amended as set out in Schedule 1.

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SECT 23
Repeal of Schedules and substitution of new Schedules

23. The Schedules to the Principal Act (except Schedule 11) are repealed and the Schedules set out in Schedule 2 to this Act are substituted in their respective appropriate numerical positions.

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 1

SCHEDULE 1 Section 22
MINOR AMENDMENTS OF PRINCIPAL ACT
Paragraph 18 (2) (b):
Omit "corresponds with", substitute "corresponds to".
Paragraph 39 (b) (c):
Omit "unless that", substitute "unless".

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 2

SCHEDULE 2 Section 23
NEW SCHEDULES TO THE PRINCIPAL ACT

SCHEDULE 1 Section 12
CAPITAL PROJECTS FOR GOVERNMENT SCHOOLS
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4 Column 5
State General General General Projects
projects projects projects assisting
1989 1990 1991 retention
1991

Back to Top

------------------------------------------------------------------------------
$ $ $ $
New South Wales 61,677,000 64,270,000 65,829,000 8,068,000
Victoria 43,937,000 45,130,000 46,363,000 5,920,000
Queensland 30,697,000 32,249,000 34,040,000 3,679,000
Western Australia 16,997,000 17,814,000 18,666,000 1,906,000
South Australia 15,306,000 15,668,000 16,321,000 1,746,000
Tasmania 5,342,000 5,546,000 5,709,000 712,000
Australian Capital 1,901,000 3,453,000 3,581,000 -
Territory
Northern Territory 2,182,000 2,228,000 2,283,000 200,000
--------------------------------------------------------------------------
Total 178,039,000 186,358,000 192,792,000 22,231,000
----------------------------------------------------------------------------

SCHEDULE 2 Section 13
GENERAL RECURRENT EXPENDITURE OF
GOVERNMENT SCHOOLS
PART 1 - PRIMARY EDUCATION
----------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
1989 1990 1991 1992
----------------------------------------------------------------------------
$ $ $ $
226 245 261 272
----------------------------------------------------------------------------<
PART 2 - SECONDARY EDUCATION
----------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
1989 1990 1991 1992
----------------------------------------------------------------------------
$ $ $ $
312 360 386 401
----------------------------------------------------------------------------

PART 3 - PRIMARY EDUCATION-STUDENTS WITH DISABILITIES
----------------------------------------------------------------------------
Column 1 Column 2
1991 1992
----------------------------------------------------------------------------
$ $
52 54
----------------------------------------------------------------------------

PART 4 - SECONDARY EDUCATION-STUDENTS WITH DISABILITIES
----------------------------------------------------------------------------
Column 1 Column 2
1991 1992
----------------------------------------------------------------------------
$ $
77 80
----------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 3

SCHEDULE 3 Section 14
EDUCATION IN ENGLISH AS A SECOND LANGUAGE-GOVERNMENT SCHOOLS
PART 1-ESL-GENERAL EDUCATION
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
State 1989 1990 1991
$ $ $
New South Wales 12,724,000 13,431,000 13,700,000
Victoria 10,764,000 11,361,000 11,590,000
Queensland 2,645,000 2,792,000 2,848,000
Western Australia 2,647,000 2,794,000 2,851,000
South Australia 2,753,000 2,906,000 2,965,000
Tasmania 361,000 381,000 388,000
Australian Capital 361,000 722,000 737,000
Territory
Northern Territory 320,000 338,000 344,000
----------------------------------------------------------------------------
Total 32,575,000 34,725,000 35,423,000
------------------------------------------------------------------------------

PART 2-ESL-NEW ARRIVALS
------------------------------------------------------------------------------
Column 1 Column 2 Column 3
1989 1990 1991
------------------------------------------------------------------------------
$ $ $

Back to Top

2,271 2,398 2,446
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 4

SCHEDULE 4 Sections 15 and 27
DISADVANTAGED SCHOOLS
PART 1 - 1989
------------------------------------------------------------------------------
Column 1 Column 2 Column 3
State Disadvantaged Disadvantaged
government non-government
schools schools
------------------------------------------------------------------------------
$ $
New South Wales 13,541,000 2,727,000
Victoria 11,558,000 2,937,000
Queensland 4,002,000 611,000
Western Australia 3,180,000 522,000
South Australia 3,298,000 346,000
Tasmania 942,000 101,000
Australian Capital Territory 23,000 8,000
Northern Territory 992,000 35,000
----------------------------------------------------------------------------
Total 37,536,000 7,287,000
------------------------------------------------------------------------------

PART 2 - 1990
------------------------------------------------------------------------------
Column 1 Column 2 Column 3
State Disadvantaged Disadvantaged
government non-government
schools schools
------------------------------------------------------------------------------
$ $
New South Wales 14,293,000 2,879,000
Victoria 12,200,000 3,100,000
Queensland 4,225,000 645,000
Western Australia 3,357,000 551,000
South Australia 3,481,000 365,000
Tasmania 994,000 106,000
Australian Capital Territory 46,000 16,000
Northern Territory 1,047,000 37,000
----------------------------------------------------------------------------
Total 39,643,000 7,699,000
------------------------------------------------------------------------------

PART 3 - 1991
------------------------------------------------------------------------------
Column 1 Column 2 Column 3
State Disadvantaged Disadvantaged
government non-government
schools schools
------------------------------------------------------------------------------
$ $
New South Wales 17,681,000 2,937,000
Victoria 12,445,000 3,227,000
Queensland 5,936,000 658,000
Western Australia 4,998,000 562,000
South Australia 4,415,000 372,000
Tasmania 2,158,000 110,000
Australian Capital Territory 47,000 16,000
Northern Territory 1,068,000 70,000
----------------------------------------------------------------------------
Total 48,748,000 7,952,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 5

SCHEDULE 5
Sections 16, 16A, 17, 21, 28, 28A, 36, 37, 37A
SPECIAL EDUCATION
(SCHEDULE 5 OMITTED)

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 6

SCHEDULE 6 Section 21
NON-GOVERNMENT SCHOOLS AND CENTRES-CAPITAL PROJECTS
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
Year General Capital Projects
projects projects for assisting
children with retention
disabilities
------------------------------------------------------------------------------
$ $ $

Back to Top

1989 59,456,000 2,776,000
1990 64,578,000 3,564,000
1991 66,808,000 11,116,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 7

SCHEDULE 7 Subsection 22 (1)
GENERAL RECURRENT EXPENDITURE OF
NON-GOVERNMENT SCHOOLS
PART 1 - PRIMARY EDUCATION
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4 Column 5
Level of 1989 1990 1991 1992
assistance
------------------------------------------------------------------------------
$ $ $ $
1 347 366 378 378
2 463 488 504 504
3 539 593 621 627
4 699 738 763 763
5 774 833 872 878
6 826 914 960 970
7 884 992 1,052 1,065
8 1,036 1,112 1,156 1,160
9 1,074 1,162 1,214 1,222
10 1,115 1,213 1,275 1,284
11 1,155 1,267 1,336 1,348
12 1,195 1,318 1,397 1,410
------------------------------------------------------------------------------

PART 2 - SECONDARY EDUCATION
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4 Column 5
Level of 1989 1990 1991 1992
assistance
------------------------------------------------------------------------------
$ $ $ $
1 550 580 600 600
2 733 774 800 800
3 812 880 920 924
4 1,112 1,174 1,213 1,213
5 1,163 1,241 1,291 1,295
6 1,251 1,363 1,426 1,433
7 1,338 1,479 1,559 1,574
8 1,553 1,648 1,709 1,712
9 1,618 1,732 1,799 1,805
10 1,683 1,812 1,889 1,897
11 1,741 1,886 1,978 1,989
12 1,796 1,957 2,064 2,082
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 8

SCHEDULE 8 Subsection 22 (2)
ESTABLISHMENT GRANTS
PART 1 - NON-GOVERNMENT PRIMARY SCHOOLS
------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4 Column 5
Year of 1989 1990 1991 1992
establishment
------------------------------------------------------------------------------
$ $ $ $
1986 58 0 0 0
1987 116 60 0 0
1988 174 121 62 0
1989 174 121 62 62
------------------------------------------------------------------------------

PART 2 - NON-GOVERNMENT SECONDARY SCHOOLS< ------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4 Column 5
Year of 1989 1990 1991 1992
establishment
------------------------------------------------------------------------------
$ $ $ $
1986 92 0 0 0
1987 184 96 0 0
1988 276 193 100 0
1989 276 193 100 100
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 9

SCHEDULE 9 Section 24
SHORT TERM EMERGENCY ASSISTANCE FOR

Back to Top

NON-GOVERNMENT SCHOOLS
------------------------------------------------------------------------------
Column 1 Column 2 Column 3
1989 1990 1991
------------------------------------------------------------------------------
$ $ $
418,000 441,000 450,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 10

SCHEDULE 10 Sections 25 and 26
EDUCATION IN ENGLISH AS A SECOND LANGUAGE
NON-GOVERNMENT SCHOOLS
-------------------------------------------------------------------------------
Column 1 Column 2 Column 3
Year ESL - general ESL - new
education arrivals
-------------------------------------------------------------------------------
$ $
1989 11,673,000 2,271
1990 12,457,000 2,398
1991 12,871,000 2,446
-------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 12

SCHEDULE 12 Section 33
PROGRAMS OF ETHNIC EDUCATION
-------------------------------------------------------------------------------
Column 1 Column 2
Year Maximum
amount
per student
-------------------------------------------------------------------------------
$
1989 35.00
1990 38.50
1991 38.50
-------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 13

SCHEDULE 13 Section 34
PRESCRIBED COUNTRY AREAS
-------------------------------------------------------------------------------
Column 1 Column 2 Column 3 Column 4
State 1989 1990 1991
$ $ $
New South Wales 3,095,000 3,267,000 3,333,000
Victoria 1,830,000 1,932,000 1,971,000
Queensland 2,974,000 3,139,000 3,202,000
Western Australia 2,188,000 2,309,000 2,356,000
South Australia 1,288,000 1,360,000 1,387,000
Tasmania 430,000 453,000 462,000
Northern Territory 460,000 486,000 496,000
----------------------------------------------------------------------
Total 12,265,000 12,946,000 13,207,000
-------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 14

SCHEDULE 14 Section 35
CHILDREN IN RESIDENTIAL INSTITUTIONS
-------------------------------------------------------------------------------
Column 1 Column 2 Column 3
State 1989 1990
$ $
New South Wales 987,000 1,045,000
Victoria 744,000 780,000
Queensland 500,000 530,000
Western Australia 278,000 298,000
South Australia 237,000 248,000
Tasmania 84,000 86,000
Australian Capital Territory 7,000 56,000
Northern Territory 34,000 35,000
Total 2,871,000 3,078,000
------------------------------------------------------------------------------
$$$T STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 15

SCHEDULE 15 Section 38
APPROVED EDUCATION CENTRES
------------------------------------------------------------------------------> Column 1 Column 2
Year Amount< ------------------------------------------------------------------------------
$
1989 2,013,000
1990 2,125,000
1991 ,168,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 16

SCHEDULE 16 Section 39
PROJECTS OF NATIONAL SIGNIFICANCE
------------------------------------------------------------------------------
Column 1 Column 2
Year Amount
------------------------------------------------------------------------------
$
1989 1,962,000
1990 2,246,000
1991 2,320,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 17

SCHEDULE 17 Section 40B
CAPITAL PROJECTS IN RELATION TO RURAL STUDENT HOSTELS
------------------------------------------------------------------------------
Column 1 Column 2
1990 1991
------------------------------------------------------------------------------
$ $
3,524,000 2,847,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 18

SCHEDULE 18 Sections 39A and 39B
LITERACY AND LEARNING
PART 1 - NATIONAL ELEMENT
------------------------------------------------------------------------------
Column 1
1991
------------------------------------------------------------------------------
$
1,000,000
------------------------------------------------------------------------------

PART 2 - GENERAL ELEMENT
------------------------------------------------------------------------------
Column 1 Column 2
State 1991
------------------------------------------------------------------------------
$
New South Wales 1,548,000
Victoria 1,178,000
Queensland 493,000
Western Australia 417,000
South Australia 362,000
Tasmania 170,000
Northern Territory 85,000
----------------------------------------
Total 4,253,000
------------------------------------------------------------------------------

STATES GRANTS (SCHOOLS ASSISTANCE) AMENDMENT ACT 1990 No. 1, 1991 - SCHEDULE 19

SCHEDULE 19 Sections 40G
AWARD RESTRUCTURING
-------------------------------------------------------------------------------
Column 1
1990 and 1991
-------------------------------------------------------------------------------
$
50,000,000
-------------------------------------------------------------------------------