Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 1)1

Select Legislative Instrument 2007 No. 156

I, PHILIP MICHAEL JEFFERY, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004.

Dated 21 June 2007

P. M. JEFFERY

Governor‑General

By His Excellency’s Command

JULIE BISHOP

Minister for Education, Science and Training

1 Name of Regulations

  These Regulations are the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Amendment Regulations 2007 (No. 1).

2 Commencement

  These Regulations commence as follows:

 (a) on the day after they are registered — regulations 1 to 3 and Schedule 1;

 (b) on the day on which subsection 140 (2) of the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Act 2004 is complied with — Schedule 2.

Note   Despite the Legislative Instruments Act 2003, regulations made for the purposes of section 14, 15, 19, 31, 32 or 36 of the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity Act 2004 take effect not earlier than on the first day on which they are no longer liable to be disallowed, or to have been taken to have been disallowed, under the Legislative Instruments Act.

3 Amendment of Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Regulations 2005

  Schedules 1 and 2 amend the Schools Assistance (Learning Together — Achievement Through Choice and Opportunity) Regulations 2005.

Schedule 1 Amendments commencing on day after registration

(regulation 3)

[1] Subregulation 4.2 (1), table

omit

insert

[2] Regulation 4.8, table

substitute

Schedule 2 Amendments commencing in accordance with subsection 140 (2) of the Act

(regulation 3)

[1] After regulation 2.5

insert

2.5A Educational accountability — student attendance

 (1) For paragraph 19 (1) (c) of the Act, the student attendance information to which a report mentioned in that paragraph relates is the ratio of the number of actual student days attended during the period to which the report relates to the number of possible student days during that period.

Note   The Minister determines the period to which a report relates.

 (2) The student attendance information must be expressed as a percentage.

 (3) The student attendance information must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

 (a) by State and Territory; and

 (b) for each State and Territory — by the following characteristics of students:

 (i) school sector;

 (ii) school grade;

 (iii) sex;

 (iv) Indigenous status.

 (4) For subregulation (3):

 (a) the school sector is all government schools; and

 (b) the school grades are:

 (i) all ungraded primary school students; and

 (ii) all ungraded secondary school students; and

 (iii) each of Years 1 to 10; and

 (c) the characteristic of sex is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences; and

 (d) the characteristic of Indigenous status is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences.

Note   At the commencement of this regulation, the Data Implementation Manual for Enrolments for the 2007 School Year was available on the Internet at:

http://www.mceetya.edu.au/mceetya/default.asp?id=11575.

 (5) In this regulation:

actual student days means the total number of school days attended by students in the period to which a report relates.

possible student days means the total number of school days that could be attended by students in the period to which a report relates.

student means a full‑time student who:

 (a) is:

 (i) an ungraded primary school student; or

 (ii) an ungraded secondary school student; or

 (iii) in any of Years 1 to 10; and

 (b) is enrolled for the entire duration of the period to which a report relates.

[2] After regulation 3.5

insert

3.5A Educational accountability — student attendance

 (1) For paragraph 36 (1) (c) of the Act, the student attendance information to which a report mentioned in that paragraph relates is the ratio of the number of actual student days attended during the period to which the report relates to the number of possible student days during that period.

Note   The Minister determines the period to which a report relates.

 (2) The student attendance information must be expressed as a percentage.

 (3) The student attendance information must be in a form that enables the publication of the information for the relevant program year, for Australia, disaggregated:

 (a) by State and Territory; and

 (b) for each State and Territory — by the following characteristics of students:

 (i) school sector;

 (ii) school grade;

 (iii) sex;

 (iv) Indigenous status.

 (4) For subregulation (3):

 (a) the school sector is:

 (i) for non‑government systemic schools for which the approved school system is a Catholic education authority — all schools of that kind; and

 (ii) in any other case — all other non‑government non‑systemic schools and all other non‑government systemic schools; and

 (b) the school grades are:

 (i) all ungraded primary school students; and

 (ii) all ungraded secondary school students; and

 (iii) each of Years 1 to 10; and

 (c) the characteristic of sex is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences; and

 (d) the characteristic of Indigenous status is as described in the Data Implementation Manual for Enrolments for the 2007 School Year, published by MCEETYA and as in effect when this regulation commences.

Note   At the commencement of this regulation, the Data Implementation Manual for Enrolments for the 2007 School Year was available on the Internet at:

http://www.mceetya.edu.au/mceetya/default.asp?id=11575.

 (5) In this regulation:

actual student days means the total number of school days attended by students in the period to which a report relates.

possible student days means the total number of school days that could be attended by students in the period to which a report relates.

student means a full‑time student who:

 (a) is:

 (i) an ungraded primary school student; or

 (ii) an ungraded secondary school student; or

 (iii) in any of Years 1 to 10; and

 (b) is enrolled for the entire duration of the period to which a report relates.

[3] Schedule 1, Part 8, items 9 to 12

substitute

1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.