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Australian Education Act 2013
No. 67, 2013
In force
Administered by
Department of Education
Superseded version
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C2020C00142 C07
27 March 2020
-
05 July 2024
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Table of contents
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Part 1—Preliminary
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Division 1—Preliminary
1 Short title
2 Commencement
3 Objects of this Act
4 Guide to this Act
5 Binding the Crown
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Division 2—Interpretation
6 Definitions
8 Definition of majority Aboriginal and Torres Strait Islander school
9 Definition of overpayment
11 Definition of recoverable payment
11A Definition of SRS indexation factor
12 Definition of total entitlement
13 Definitions of kinds of schools based on location
15 Levels of education
16 Working out the number of students at a school for a year
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 and agreements relating to school education
22A Conditions of financial assistance—State-Territory contributions
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 schools
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Division 1—Preliminary
31 Guide to this Part
31A Eligibility for funding under this Part
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Division 2—The funding formula for schools
32 The amount payable for a school
33 Base amount for schools
34 SRS funding amounts
35 School’s total loading
35A Commonwealth share
35B Commonwealth share for transitioning government schools
35C Commonwealth share for transitioning non-government schools
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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 Socio-educational disadvantage loading
39 Low English proficiency loading
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Subdivision B—Location loading
40 Location loading
41 Location percentage for certain schools
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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
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Division 4—Miscellaneous
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Subdivision A—Capacity to contribute percentage
52 Determining CTC 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
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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
69B Transition adjustment funding
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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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Division 5—Former approved authorities and bodies
96A Continuing requirements
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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 Using, disclosing or publishing school education information
125A GST-inclusive payments
126 Appropriation
127 Annual report by Minister
128 Independent reviews of arrangements and requirements relating to funding
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
