Australian Education Act 2013 (Cth)

Australian Education Act 2013

No. 67, 2013

Compilation No. 11

Compilation date: 18 December 2024

Includes amendments: Act No. 97, 2024

About this compilation

This compilation

This is a compilation of the Australian Education Act 2013 that shows the text of the law as amended and in force on 18 December 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents 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 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 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 Part 3—Recurrent funding for schools Division 1—Preliminary 31 Guide to this Part 31A Eligibility for funding under this Part 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 Division 3—Working out loadings 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 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 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 Subdivision B—Miscellaneous 55 Locations of a school 56 Rounding amounts Part 5—Capital and other funding Division 1—Guide to this Part 66 Guide to this Part Division 2—Capital funding 67 Capital funding 68 Limit on total amount available for capital funding for block grant authorities Division 3—Other funding for schools 69 Special circumstances funding 69A Funding in prescribed circumstances 69B Transition adjustment funding Division 4—Funding for non‑government representative bodies 70 Funding for non‑government representative bodies Part 6—Approving authorities and bodies Division 1—Guide to this Part 71 Guide to this Part 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 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 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 Division 5—Former approved authorities and bodies 96A Continuing requirements Part 8—Taking action for non‑compliance and requiring amounts to be repaid Division 1—Guide to this Part 107 Guide to this Part 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) Division 3—Recoverable payments 112 Recoverable payments 113 Reports about recoverable payments Part 9—Miscellaneous Division 1—Guide to this Part 114 Guide to this Part Division 2—Rules relating to applications 115 Approved form for applications 116 Request for further information 117 Withdrawal of application 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 Review Tribunal 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 127A Annual statement by Minister 128 Independent reviews of arrangements and requirements relating to funding 129 Delegation 130 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history