Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Australian Education Act 2013, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 26 May 2014
Introduced HR 26 May 2014

2014

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Australian Education Amendment (School Funding Guarantee) Bill 2014

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Bill Shorten MP


Australian Education Amendment (School Funding Guarantee Bill) 2014

 

 

OUTLINE

 

The intent of the bill is to end state and territory education cuts by requiring the Minister to be satisfied that a state or territory will not reduce or has not reduced its education budget before school funding is provided to states and territories.

 

This bill is necessary in the light of cuts to school budgets in Western Australia and the Northern Territory, and the Government’s announcement that it will seek to remove state and territory co-contribution and indexation conditions from existing school funding agreements.

 

This bill is necessary because of the Government’s failure to honour its election commitments that ‘”no school will be worse off” (Tony Abbott, 2 August 2013) and in relation to school funding, that “We will honour the agreements that Labor has entered into. We will match the offers that Labor has made” (Tony Abbott, 2 August 2013).

 

The bill will protect schools in every state and territory from funding cuts by state and territory governments.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: sets out the short title of the Act.

 

Clause 2: states that the Act commences on the day following Royal Assent.

 

Clause 3: sets out that this Act will amend the Australian Education Act 2013.

 

Schedule 1 (1A): introduces, for participating schools, a requirement that the Minister must be satisfied that the total amount of a State or Territory’s funding for schools will not be or has not been reduced before the Minister makes a determination of Commonwealth school funding.

 

Schedule 1 (1B): introduces, for non-participating schools, a requirement that the Minister must be satisfied that the total amount of a State or Territory’s funding for schools will not be or has not been reduced before the Minister makes a determination of Commonwealth school funding.

 

Schedule 1 (2): sets out that the requirement in Schedule 1 (1) will apply to a determination made on or after the day this Act commences.

 

 


STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Education Amendment (School Funding Guarantee) Bill 2014

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the bill

 

The intent of the bill is to end state and territory education cuts by requiring the Minister to be satisfied that a state or territory will not reduce or has not reduced its education budget before school funding is provided to states and territories.

 

This bill is necessary in the light of cuts to school budgets in Western Australia and the Northern Territory, and the Government’s announcement that it will seek to remove state and territory co-contribution and indexation conditions from existing school funding agreements.

 

Human rights implications

 

  • The right to education
    • the bill seeks to achieve a consistent and high national standard of school education.
    • every student in every school would benefit from an end to cuts in education services and certainty about future funding.

 

Conclusion

 

This bill is compatible with human rights because it advances the protection of human rights.

 

 

 

 

 

Bill Shorten MP