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Act No. 9 of 1996 as made
An Act to amend the Indigenous Education (Supplementary Assistance) Act 1989, and for related purposes
Administered by: DEST
Originating Bill: Indigenous Education (Supplementary Assistance) Amendment Bill 1996
Date of Assent 14 Jun 1996
Date of repeal 10 Mar 2016
Repealed by Amending Acts 1990 to 1999 Repeal Act 2016
 

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9, 1996

Making Information
- Assented to 14 June 1996

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - TABLE OF PROVISIONS

Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1-Amendment of the Indigenous Education
(Supplementary Assistance) Act 1989

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - LONG TITLE

An Act to amend the Indigenous Education (Supplementary
Assistance) Act 1989, and for related purposes

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - SECT 1
1 Short title

This Act may be cited as the Indigenous Education (Supplementary Assistance) Amendment Act 1996.


(Minister's second reading speech made in-
House of Representatives on 9 May 1996
Senate on 27 May 1996)

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - SECT 2
2 Commencement

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

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - SECT 3
3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - SCHEDULE

Schedule 1-Amendment of the Indigenous Education
(Supplementary Assistance) Act 1989
1 Section 3 (definition of Indigenous)
Repeal the definition, substitute:
Indigenous, in relation to a person, means:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait
Islands.
2 Section 3
Insert:
education provider means a person, institution or body specified in
section 9.
education sector means an education sector listed in column 1 of the
per capita funding table.
funding year means the calendar year 1997 or any subsequent calendar
year.
government educational institution means:
(a) a government preschool; or
(b) a government school; or
(c) a government VET institution.
government school means a school that is conducted by or on behalf of
the government of a State or Territory.
government preschool means a preschool that is conducted by or on
behalf of the government of a State or Territory.
government VET institution means a VET institution that is conducted by
or on behalf of the government of a State or Territory.
NATSI preschool census week means the week during which the National
Aboriginal and Torres Strait Islander preschool census is taken on
behalf of the Commonwealth.
non-government preschool means an institution in a State or Territory
that:
(a) is licensed or registered as a preschool by the appropriate State
or Territory licensing or registration authority; and
(b) is receiving or is eligible to receive funding from the State or
Territory for preschool education; and
(c) is not conducted for profit.
non-government school means a school in a State or Territory that:
(a) is not conducted by or on behalf of the government of the State
or Territory; and
(b) is receiving or is eligible to receive funding under the States
Grants (Primary and Secondary Education Assistance) Act 1992 or the
successor Act; and
(c) is not conducted for profit.
non-government VET institution means a VET institution in a State or
Territory that is not conducted by or on behalf of the government of

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the State or Territory.
non-remote, in relation to an institution, means an institution that is
not remote.
non-systemic school means a school that is included as a non-systemic
school in the list of non-government schools kept under:
(a) if the successor Act has not commenced-section 17 of the States
Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced-the provision of the successor
Act that is equivalent in substance to that section.
per capita funding table means the table in section 10A.
remote, in relation to an institution, means an institution that is:
(a) on an island (other than Tasmania, Stradbroke Island, Kangaroo
Island, Rottnest Island or Phillip Island); or
(b) in a location from which one of the following is required in
order to reach a city with a population of 50,000 or more:
(i) a journey by road of more than 300 kilometres;
(ii) a journey by air;
(iii) a journey by water; or
(c) in a community of Indigenous people that has developed as a
result of decisions of those people to return to live on land with
which they identify; or
(d) situated in a township or settlement that is culturally distinct
because it is occupied by Indigenous people and managed by a council
constituted by Indigenous people.
schools census day, in relation to a year, is the day that is schools
census day in the year under:
(a) if the successor Act has not commenced-the States Grants (Primary
and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced-that Act.
successor Act means the Act:
(a) which applies to a period beginning immediately after the end of
the period covered by the States Grants (Primary and Secondary
Education Assistance) Act 1992; and
(b) whose purposes are similar to the purposes of that Act.
systemic school means a school that is included as a systemic school in
the list of non-government schools kept under:
(a) if the successor Act has not commenced-section 17 of the States
Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced-the provision of the successor
Act that is equivalent in substance to that section.
systemic school system means a school system that is included in the
list of approved school systems kept under:
(a) if the successor Act has not commenced-section 19 of the States
Grants (Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced-the provision of the successor
Act that is equivalent in substance to that section.
Territory means the Australian Capital Territory or the Northern
Territory.
VET institution means an institution in a State or Territory that:
(a) is registered as an institution providing vocational education
and training by the appropriate State or Territory authority; and
(b) is receiving or is eligible to receive funding from the
appropriate State or Territory authority; and
(c) provides courses that are accredited under State or Territory
requirements for the accreditation of vocational education and training
courses; and
(d) is not conducted for profit.
3 Subparagraph 4(c)(ii)
Repeal the subparagraph, substitute:
(ii) as special teachers of the culture, history, contemporary
society and languages of Indigenous people;
Note: The heading to section 4 is replaced by the heading "Object of
Act-increasing involvement of Indigenous people in educational
decisions".
4 Paragraph 4(e)
Omit "Indigenous communities", substitute "communities of Indigenous
people".
5 Paragraph 7(e)
Omit "Indigenous languages", substitute "the languages of Indigenous
people".
Note: The heading to section 7 is altered by omitting "Aboriginals" and
substituting "Indigenous people".
6 Paragraph 7(h)
Omit "Indigenous history and culture and Indigenous identity",
substitute "the history, culture and identity of Indigenous people".
7 Paragraph 7(j)
Omit "traditional and contemporary Indigenous culture", substitute "the
traditional and contemporary culture of Indigenous people".
8 After section 7
Insert in Part 1:

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7A Object of Act-to develop culturally appropriate education services
for Indigenous people
It is an object of this Act to encourage the development of education
services that are culturally appropriate for Indigenous people by:
(a) the development of curricula that are suited to:
(i) the education of Indigenous students; and
(ii) the training of professional educators (including
administrators, teachers, teaching assistants, researchers, student
services officers, curriculum advisers and community liaison officers)
who are involved in the education of Indigenous students; and
(b) the development of teaching methods and techniques that are
suited to the learning styles of Indigenous students; and
(c) the promotion of research to devise innovative methods to deliver
education services to Indigenous students; and
(d) the promotion of research to devise methods to eliminate barriers
to educational attainment encountered by Indigenous students; and
(e) the conduct of pilot studies to test the effectiveness of the
methods referred to in paragraphs (c) and (d).
9 Part 2 (heading)
Repeal the heading, substitute:
Part 2-Indigenous education agreements
10 After the heading to Part 2
Insert:
Division 1-General
11 Paragraph 9(a)
Repeal the paragraph, substitute:
(a) a State or Territory; or


12 After section 9
Insert:
9A Types of funding provided by agreements
(1) An agreement may provide for the payment of money in the form of
either, or both, of the following:
(a) funding for supplementary recurrent expenditure;
(b) funding for a particular project.
(2) If the agreement provides for the payment of money for
supplementary recurrent expenditure, the amount of the payment is
worked out under Division 2.
13 Paragraphs 10(2)(b) and (c)
Omit "Aboriginals" (wherever occurring), substitute "Indigenous
people".
14 After section 10
Insert in Part 2:
Division 2-Funding for supplementary recurrent expenditure
10A Amount of payment for supplementary recurrent expenditure
(1) The Minister may make an agreement authorising the payment to the
other party to the agreement of an amount for supplementary recurrent
expenditure for a funding year.
(2) The amount of the payment is worked out under sections 10B to 10F
and the following table:
Per capita funding table
Item Education Government Non-government
sector rate rate
$ $
column 1 column 2 column 3
1 Preschool (remote) 600 2,000
2 Preschool (non-remote) 300 1,000
3 Primary school (remote) 600 2,000
4 Primary school (non-remote) 300 1,000
5 Junior secondary (remote) 800 3,000
6 Junior secondary (non-remote) 400 1,500
7 Senior secondary (remote) 1,000 3,300
8 Senior secondary (non-remote) 500 1,650
9 VET institution (remote) 1,000 3,300
10 VET institution (non-remote) 500 1,650


10B Funding of government educational institutions
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider is a State or Territory; and
(b) there are Indigenous students enrolled for the year at
government educational institutions in the State or Territory.
(2) The amount of the payment that may be authorised under this
section is the sum of the per capita amounts worked out under
subsections (3) and (4) for the education sectors in which the State or
Territory provides education.
(3) The per capita amount for an education sector (other than a
preschool sector) is worked out using the formula:
IS X per capita amount
where:

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IS means the number of Indigenous students in the education sector who
are enrolled at government educational institutions in the State or
Territory for the funding year.
per capita amount means the amount specified for the education sector
in column 2 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using
the formula:
where:
IS means the number of Indigenous students:
(a) enrolled at government preschools in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 2 of the per
capita funding table for a remote preschool or a non-remote preschool
(as the case requires).
10C Funding of non-government schools and preschools-systemic
(1) The Minister may authorise a payment for a funding year to an
education provider in a State or Territory if:
(a) the education provider conducts a systemic school system; and
(b) there are Indigenous students enrolled for the year at one or
more of the system's systemic schools or at a non-government preschool
conducted by the education provider in the State or Territory.
(2) The amount of the payment that may be authorised under this
section is the sum of the per capita amounts worked out under
subsections (3) and (4) for the education sectors in which the
education provider provides education in the State or Territory.
(3) The per capita amount for an education sector (other than a
preschool sector) is worked out using the formula:
where:
IS means the number of Indigenous students in the education sector who
are enrolled at the system's systemic schools in the State or Territory
for the funding year.
per capita amount means the amount specified for the education sector
in column 3 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using
the formula:
where:
IS means the number of Indigenous students:
(a) enrolled at non-government preschools conducted by the education
provider in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of the per
capita funding table for a remote preschool or a non-remote preschool
(as the case requires).
10D Funding of non-government schools-non-systemic
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-systemic school; and
(b) there are Indigenous students enrolled for the year at the
school; and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for
the year at the school.
(2) The amount of the payment that may be authorised under this
section is the sum of the per capita amounts worked out under
subsection (3) for each education sector (other than the preschool
sectors) in which the education provider provides education at the
school.
(3) The per capita amount for an education sector is worked out using
the formula:
where:
IS means the number of Indigenous students in the education sector who
are enrolled at the school for the funding year.
per capita amount means the amount specified for the education sector
in column 3 of the per capita funding table.
10E Funding of non-government preschools-non-systemic
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-government preschool (other
than a preschool to which section 10C applies); and
(b) there are Indigenous students enrolled for the year at the
preschool; and
(c) the number of those students:
(i) is 5 or more; and
(ii) is 10% or more of the total number of students enrolled for
the year at the preschool.

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(2) The amount of the payment that may be authorised under this
section is worked out using the formula:
where:
IS means the number of Indigenous students:
(a) enrolled at the preschool; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of the per
capita funding table for a remote preschool or a non-remote preschool
(as the case requires).


10F Funding of non-government VET institutions
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-government VET institution;
and
(b) there are Indigenous students enrolled for the year at the
institution; and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for
the year at the institution.
(2) The amount of the payment that may be authorised under this
section is worked out using the formula:
where:
IS means the number of Indigenous students enrolled at the institution
for the funding year.
per capita amount means the amount specified in column 3 of the per
capita funding table for a remote VET institution or a non-remote VET
institution (as the case requires).
10G Determination of preschool student numbers
(1) For the purposes of this Act, the number of students enrolled at
a preschool for a funding year is the number of students (worked out
under this section) enrolled at the preschool during the NATSI
preschool census week in the year.
(2) The number of students enrolled at a preschool during a
particular week is the sum of:
(a) the number of students enrolled at the preschool for 10 hours or
more per week during that week; and
(b) the number of full-time equivalent students enrolled at the
preschool during that week.
(3) The number of full-time equivalent students referred to in
paragraph (2)(b) is worked out using the following formula:
where:
part-time student hours means the total number of hours for which part-
time students are enrolled during the relevant week.
(4) In this section:
part-time student means a student who is enrolled at a preschool for
less than 10 hours per week.
10H Determination of school student numbers
For the purposes of this Act, the number of students enrolled at a
school for a funding year is the number of students (including full-
time equivalent students) enrolled at the school on schools census day
in the year.
10J Determination of VET institution student numbers
(1) For the purposes of this Act, the number of students enrolled at
a VET institution for a funding year is taken to be the same as the
number of students (worked out under this section) enrolled at the
institution in the year immediately before that year.
(2) The number of students enrolled at a VET institution in a
particular year is worked out using the formula:
where:
student contact hours means the total number of contact hours for which
students are enrolled in the year at the VET institution in courses
accredited under State or Territory requirements for the accreditation
of vocational education and training courses.
(3) The total number of contact hours referred to in subsection (2)
is worked out on the basis of the information in the national
vocational education and training data collection for the year.
10K Student numbers and Indigenous student numbers determined by same
method
The methods for determining student numbers set out in sections 10G
to 10J apply to determining numbers of Indigenous students as well as
to determining numbers of students in general.
15 Section 10A (in Part 3)
Renumber as section 11.
16 Subsection 13B(4)
Omit "$83,636,000", substitute "$91,486,000".
Note: The heading to section 13B is altered by omitting "1997" and
substituting "2000".
17 Section 13B
Add at the end:
(5) $102,376,000 is appropriated out of the Consolidated Revenue Fund
in respect of the period that starts on 1 January 1997 and ends on 30
June 1998 for the purpose of making permitted payments during that
period.
(6) $114,360,000 is appropriated out of the Consolidated Revenue Fund
in respect of the period that starts on 1 January 1998 and ends on 30
June 1999 for the purpose of making permitted payments during that
period.
(7) $121,976,000 is appropriated out of the Consolidated Revenue Fund
in respect of the period that starts on 1 January 1999 and ends on 30
June 2000 for the purpose of making permitted payments during that
period.