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Australian Education Act 2013
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Department of Education
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C2014C00806 (C02)
27 November 2014
-
24 March 2015
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Part 1—Preliminary
Division 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Guide to this Act
5 Binding the Crown
Division 2—Interpretation
6 Definitions
7 Definition of census day
8 Definition of majority Aboriginal and Torres Strait Islander school
9 Definition of overpayment
10 Definition of receives
11 Definition of recoverable payment
12 Definition of total entitlement
13 Definitions of kinds of schools based on location
14 Minister to determine participating States and Territories
15 Levels of education
16 Working out the number of students at a school for a year
17 Part time students
18 Minister to make determinations in relation to locations of schools
19 Non government schools providing only distance education
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Part 2—Grants of financial assistance to States and Territories
20 Guide to this Part
21 Financial assistance for schools
22 Conditions of financial assistance—implementing national policy initiatives relating to school education
23 Conditions of financial assistance—conditions relating to payments to States and Territories for non government schools
24 Condition of financial assistance—recovering amounts
25 Minister to determine timing and amounts of recurrent funding
26 Entitlement to recurrent funding
27 Pro rating of recurrent funding
28 Minister to determine timing and amounts of capital funding
29 Minister to determine timing and amounts of other funding for schools
30 Minister to determine timing and amounts of funding for non government representative body
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Part 3—Recurrent funding for participating schools
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Division 1—Guide to this Part
31 Guide to this Part
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Division 2—The funding formula for participating schools
32 The amount payable for a participating school
33 Base amount for schools
34 SRS funding amounts
35 School’s total loading
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Division 3—Working out loadings
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Subdivision A—Loadings (except location and size loadings)
36 Student with disability loading
37 Aboriginal and Torres Strait Islander loading
38 Low socioeconomic status student loading
39 Low English proficiency loading
Subdivision B—Location loading
40 Location loading
41 Location percentage for certain schools
Subdivision C—Size loading
42 Size loading
43 Definitions—kinds of schools based on size
44 Definition—maximum size loading
45 Definitions—primary percentage and secondary percentage
46 Very small schools—size loading
47 Very small schools—schools covered by item 3 of the table in section 46
48 Very small schools—major city schools
49 Very small schools—starting amount
50 Very small schools—ARIA student number
51 Medium sized schools—size loading
Division 4—Miscellaneous
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Subdivision A—Capacity to contribute percentage
52 Determining SES scores
53 Determinations may be on application or on Minister’s own initiative
54 Capacity to contribute percentage
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Subdivision B—Miscellaneous
55 Locations of a school
56 Rounding amounts
Division 5—Transitional recurrent funding for participating schools
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Subdivision A—Funding for approved authorities that were approved authorities on 1 January 2014
57 Application of this Subdivision
58 New and old per student amounts
59 Old per student amount for 2014 less than new per student amount for 2014
60 Limits on amount that may be determined for the purposes of section 59
61 Old per student amount for 2013, increased by 3%, more than new per student amount for 2014
62 Transitional recurrent funding for special schools and special assistance schools
63 Funding for all other participating schools
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Subdivision B—Funding for approved authorities if there is a change in the approved authority for a participating school
63A Transitional recurrent funding for a participating school whose approved authority changes after 1 January 2014
63B Application of Subdivision A of this Division to the new approved authority
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Part 4—Recurrent funding for non participating schools through a national specific purpose payment
64 Guide to this Part
65 National specific purpose payments for schools in non participating States and Territories
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Part 5—Capital and other funding
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Division 1—Guide to this Part
66 Guide to this Part
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Division 2—Capital funding
67 Capital funding
68 Limit on total amount available for capital funding for block grant authorities
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Division 3—Other funding for schools
69 Special circumstances funding
69A Funding in prescribed circumstances
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Division 4—Funding for non government representative bodies
70 Funding for non government representative bodies
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Part 6—Approving authorities and bodies
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Division 1—Guide to this Part
71 Guide to this Part
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Division 2—Approving approved authorities
72 Application for person to be approved as an approved authority
73 Approval of person
74 Approval or refusal of approval on public interest grounds
75 Basic requirements for approval
76 Approved authorities for government schools taken to satisfy basic requirements
77 Ongoing policy requirements for approved authorities
78 Ongoing funding requirements for approved authorities
79 Limitation on approval
80 Variation or revocation of approval on application
81 Variation or revocation of approval on Minister’s own initiative
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Division 3—Approving block grant authorities
82 Application for person to be approved as a block grant authority
83 Approval of person
84 Basic requirements for approval
85 Ongoing requirements for approval
86 Limitation on approval
87 Variation or revocation of approval on application
88 Variation or revocation of approval on Minister’s own initiative
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Division 4—Approving non government representative bodies
89 Minister may invite a person to apply to be a non government representative body
90 Application for person to be approved as a non government representative body
91 Approval of person
92 Basic requirements for approval
93 Ongoing requirements for approval
94 Limitation on approval
95 Variation or revocation of approval on application
96 Variation or revocation of approval on Minister’s own initiative
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Part 7—Implementation plans
97 Guide to this Part
98 Application of this Part to approved authorities for more than one participating school
99 Approved authority must have an implementation plan
100 Approved authority must be able to implement implementation plan properly
101 Period of implementation plan
102 Review of implementation plan
103 Keeping implementation plans up to date
104 Publication of implementation plan
105 Minister may give a direction in relation to an implementation plan
106 Requirement to consider relevant arrangements before making regulations
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Part 8—Taking action for non compliance and requiring amounts to be repaid
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Division 1—Guide to this Part
107 Guide to this Part
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Division 2—Taking action for non compliance and requiring amounts to be repaid
108 Application of Division for non compliance
109 Application of Division when amounts are required to be repaid
110 Actions the Minister may take
111 Effect of determination under paragraph 110(1)(a) or (b)
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Division 3—Recoverable payments
112 Recoverable payments
113 Reports about recoverable payments
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Part 9—Miscellaneous
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Division 1—Guide to this Part
114 Guide to this Part
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Division 2—Rules relating to applications
115 Approved form for applications
116 Request for further information
117 Withdrawal of application
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Division 3—Review of decisions
118 Reviewable decisions
119 Notice of decision
120 Internal review of reviewable decisions
121 Secretary or internal reviewer may require further information from applicants
122 Review by the Administrative Appeals Tribunal
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Division 4—Miscellaneous
123 False or misleading information
124 Secretary may arrange for use of computer programs to make decisions
125 Making records of, using, disclosing or publishing protected information
126 Appropriation
127 Annual report by Minister
128 Review of, or for the purposes of, the National Education Reform Agreement
129 Delegation
130 Regulations
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history