Queensland EDUCATION (CAPITAL ASSISTANCE) BILL 1993 Queensland EDUCATION (CAPITAL ASSISTANCE) BILL 1993 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title 20.6... 4 2 Commencement .... 0.0.6... cece ccc cette eee eens 4 3 Definitions 2.0.0... 0. cece eet aees 4 4 Meaning of "capital project" «0.0.6.6... cece eee eee eee 5 5 Meaning of granting application "in part". .............. 000 eee eee 5 6 Declaration of approved authority ............. 00. e cece ee 5 PART 2—CAPITAL ASSISTANCE AUTHORITIES 7 CAAS 20 eee eee e eee eee eens 5 8 Funding of CAAs for administrative costs... ........0.00 eee eee eee 6 9 Functions 2.0... 6... nett e nents 6 10 Affiliation with CAA... 2. cette eee 7 11 Change of affiliation ©... 6.2... occ cee ete ees 7 12 CAAs to establish Capital Assistance Funds .................---005 8 PART 3—FUNDING FOR CAPITAL ASSISTANCE 13 Minister may provide funds ........ 06... c cece eee eect eee 8 14 Certain projects must not be funded... .. 0.0.0... cece cece eee eee eee 9 PART 4—APPLICATIONS FOR CAPITAL ASSISTANCE AND REVIEW Division 1—Applications for capital assistance 15 Application... 0.6.6... eeent tte ees 10 16 Action by CAA 2... nett ene eees 10 17 Minister to decide application ........... 0.00. cece eee eee eee ees 10 Education (Capital Assistance) 1927 Division 2—Applications for review Making of application............ 0.0.00. Action by CAA on a review ........ 0. cee eee Power of Minister on a review ........ 0... cece eee eee ee Division 3—Available funds CAA to have regard to available funds .................. 0000000000, PART 5—PROVISION OF CAPITAL ASSISTANCE CAA may provide capital assistance... 2.2.0.2. eee eee eee PART 6—MISCELLANEOUS Return by eligible non-State schools.............0..00..00 00000000. Return by CAA... 2... eee eee ee Regulations... 0... 0... eee eee PART 7—VALIDATION OF CERTAIN PAYMENTS Validation etc. 2.0... eee Certain other Parts do not apply ............0...0 00.000 e eee eee A BILL FOR An Act relating to the grant of capital assistance for capital projects to certain non-State schools, and for other purposes Education (Capital Assistance) The Parliament of Queensland enacts— PART 1—PRELIMINARY Short title Clause1. This Act may be cited as the Education (Capital Assistance) Act 1993. Commencement Clause2. This Act commences on a day to be fixed by proclamation. Definitions Clause3. In this Act— "approved authority" of an eligible non-State school means the person or body declared under section 6 to be the approved authority of the school; "CAA" means a corporation whose nomination under section 7 is acceptable to the Minister; "capital assistance" means the provision of an amount under section 22; "Capital Assistance Fund" of a CAA means the fund established by the CAA under section 12; "capital project" has the meaning given by section 4; "eligible non-State school" means a non-State school that is— (a) a school in receipt of a subsidy (within the meaning of section 72(1)(b) of the Education (General Provisions) Act 1989); and (b) affiliated with a CAA for the purposes of this Act; "non-State school" has the meaning given by section 3 of the Education (General Provisions) Act 1989; 1114 17 19 2125 Education (Capital Assistance) "State school" has the meaning given by section 3 of the Education (General Provisions) Act 1989. Meaning of "capital project" Clause4.(1) A "capital project" is a project that consists of the planning, construction, alteration, extension, renovation, relocation or upgrading of — (a) educational facilities for students; or (b) boarding facilities for students including accommodation in the facilities for persons supervising students in the facilities; or (c) residential accommodation for teachers in a remote area of the State. (2) A project mentioned in subsection (1)(c) is a capital project only if the Minister approves the particular project. Meaning of granting application "in part" Clause5. A reference in section 16, 17 or 18 to the granting of an application "in part" includes granting the application in relation to any of the following— (a) apart of the project concerned; (b) apart of the capital assistance sought. Declaration of approved authority Clause6. The Minister may declare that a person or body is the approved authority of 1 or more eligible non-State schools. PART 2—CAPITAL ASSISTANCE AUTHORITIES CAAs Clause7.1) The Queensland Catholic Education Commission may 1518 20 24 Education (Capital Assistance) nominate a corporation to be a capital assistance authority. (2) The Association of Independent Schools of Queensland Inc. may nominate a corporation to be a capital assistance authority. (3) A nomination must be in writing and given to the Minister. (4) A nomination is effective only if the nominee is acceptable to the Minister. Funding of CAAs for administrative costs Clause8.(1) The Minister may pay amounts to a CAA on account of the administrative costs expected to be incurred by the CAA in performing its functions under this Act. (2) The amounts are to be paid from the amounts appropriated by the Parliament for the purposes of this Act. (3) The CAA may pay the administrative costs out of the amounts. (4) Interest earned by a CAA on amounts paid under subsection (1) (including any interest on that interest) may only be used by the CAA— (a) to pay the administrative costs; or (b) to provide capital assistance. Functions Clause9. The functions of a CAA are— (a) to receive and assess applications for capital assistance from approved authorities of eligible non-State schools affiliated with the CAA for the purposes of this Act ("affiliated schools") and to make recommendations to the Minister in relation to the applications; and (b) to make payments under this Act to approved authorities of affiliated schools from amounts standing to the credit of the CAA's Capital Assistance Fund; and (c) to carry out the other functions conferred on the CAA by this Act. DAN fF WN 12 15 17 19 212326Education (Capital Assistance) Affiliation with CAA Clause10.(1) It is the responsibility of each non-State school that is a school in receipt of a subsidy (within the meaning of section 72(1)(b) of the Education (General Provisions) Act 1989) to become affiliated with a CAA. (2) A CAA must give the Minister written notice of each non-State school affiliated with it for the purposes of this Act. (3) The notice must be given as soon as practicable after the affiliation happens. (4) A non-State school may be affiliated with only 1 CAA for the purposes of this Act. Change of affiliation Clause11.(1) An eligible non-State school may change its affiliation from one CAA to the other CAA for the purposes of this Act only if the Minister has approved the change. (2) An eligible non-State school may make written application to the Minister for an approval under subsection (1). (3) Before deciding the application, the Minister must seek the views of the CAA with which the school wishes to become affiliated about the application. (4) The Minister may grant or refuse the application after considering any views of the CAA mentioned in subsection (3). (5) If the Minister approves the application, the Minister must determine the year from which the change of affiliation becomes effective. (6) The change of affiliation becomes effective on 1 January in that year. (7) The Minister must inform the applicant and each CAA in writing of the Minister's decision on the application. (8) If the Minister refuses the application, the Minister must give the applicant written reasons for the decision. BPO COM NID WDARWYH ee 1417 1922 24 27 29 Education (Capital Assistance) CAAs to establish Capital Assistance Funds Clause12.(1) Each CAA must establish a fund called the (name of CAA) Capital Assistance Fund. (2) Each CAA must pay into its Capital Assistance Fund— (a) amounts paid to the CAA under section 13; and (b) interest mentioned in section 8 that is to be used to provide capital assistance; and (c) amounts of capital assistance returned to the CAA by an approved authority under an agreement mentioned in section 22; and (d) interest earned on the amounts in the Fund. (3) A CAA must deposit the amounts standing to the credit of its Capital Assistance Fund with— (a) a bank; or (b) aperson, body or fund approved by the Treasurer. (4) The CAA must keep the deposits separate from its other deposits with the bank or the person, body or fund. (5) Amounts received by a CAA that are required to be paid into its Capital Assistance Fund are held by the CAA on behalf of the State. (6) Amounts standing to the credit of a CAA's Capital Assistance Fund may be used by the CAA only to provide capital assistance. PART 3—FUNDING FOR CAPITAL ASSISTANCE Minister may provide funds Clause13.(1) The Minister may pay amounts to a CAA for the purpose of enabling the CAA to provide capital assistance. (2) The amounts are to be paid from amounts appropriated by the Parliament for the purposes of this Act. SOM IND WD PB Wp eS an ion' wn Se nan & Ree na ee \o NN re Oo 25 27 Education (Capital Assistance) Certain projects must not be funded Clause14.(1) Capital assistance must not be provided for— (a) the acquisition of land; or (b) the planning, construction, alteration, extension, renovation, relocation or upgrading of — (i) a facility that has religious worship as its sole or principal purpose; or (11) a facility of a type not usually provided by the State in State schools. (2) Subsection (1)(b)(ii) does not apply to the provision of boarding facilities for students at an eligible non-State school including accommodation in the facilities for persons supervising students in the facilities if— (a) the facilities are to be or are situated in the school grounds; or (b) the Minister approves the provision of the facilities. (3) For the purpose of subsection (1)(b)(ii), a facility is to be taken to be usually provided by the State only if the whole of its cost is usually borne— (a) by the State or the Commonwealth; or (b) partly by the State and the Commonwealth. (4) Capital assistance must not be provided for a capital project if— (a) acontract for the project has been entered into; or (b) site work or other building work for the project has been started; before the Minister grants an application for capital assistance for the project. Cm ADR HAR WN 1215 17 192124 Education (Capital Assistance) PART 4—APPLICATIONS FOR CAPITAL ASSISTANCE AND REVIEW Division 1—Applications for capital assistance Application Clause15.(1) The approved authority of an eligible non-State school may, before the day prescribed by regulation for the relevant year, apply to the Minister for capital assistance for a proposed capital project to be carried out at the school during the year or either or both of the 2 following years. (2) The application must be made in writing through the CAA with which the school is affiliated. (3) The application must specify the amount of capital assistance sought. (4) The application must contain, or be accompanied by, the information that may be required by regulation. Action by CAA Clause16.(1) On receipt of an application under section 15, the CAA must— (a) assess it, having regard to the criteria prescribed by regulation; and (b) recommend to the Minister whether it should be granted in whole or in part or refused. (2) The recommendation must be in writing, give reasons for the recommendation and be given to the Minister by the day prescribed by regulation for the relevant year. Minister to decide application Clause17.(1) On receipt of the recommendation and the application to which it relates, the Minister may grant the application in whole or part or refuse the application. 16 18 20 2226Education (Capital Assistance) (2) In deciding the application, the Minister may have regard solely or principally to the CAA's recommendation. (3) The Minister must inform the applicant and the CAA in writing of the decision. (4) If the Minister grants the application only in part or refuses the application, the Minister must give the CAA written reasons for the decision. (5) The CAA must give a copy of the reasons to the applicant. Division 2—Applications for review Making of application Clause18.(1) If an application for capital assistance is granted by the Minister (whether in whole or part), the approved authority of the eligible non-State school concerned may apply to the Minister to have the application reviewed with a view to having the amount of capital assistance increased. (2) The application must be made in writing through the CAA with which the school is affiliated. (3) The application must specify— (a) the amount of the increase; and (b) the reasons for which the increase is sought. Action by CAA on a review Clause19.(1) On receipt of an application under section 18, the CAA must— (a) assess it having regard to the criteria prescribed by regulation; and (b) recommend to the Minister whether— (i) the amount of capital assistance previously granted should be increased by the amount sought or a lesser amount; or (11) the application should be refused. on rninanwn RW Ne 121417 1923 25 27 Education (Capital Assistance) (2) The recommendation must be in writing, give reasons for the recommendation and be given by the CAA to the Minister as soon as practicable after the CAA decides the recommendation. Power of Minister on a review Clause20.(1) On receipt of the recommendation and the application to which it relates, the Minister may— (a) approve that the amount of capital assistance previously granted be increased by the amount sought or a lesser amount; or (b) refuse the application. (2) In deciding the application, the Minister may have regard solely or principally to the CAA's recommendation. (3) The Minister must inform the applicant and the CAA in writing of the decision. (4) If the Minister approves that the amount of capital assistance previously granted be increased by less than the amount sought or refuses the application, the Minister must give the CAA written reasons for the decision. (5) The CAA must give a copy of the reasons to the applicant. Division 3—Available funds CAA to have regard to available funds Clause21.(1) In making a recommendation to the Minister in relation to an application under section 15 or 18, a CAA must have regard to the amount that is available to provide capital assistance to eligible non-State schools affiliated with the CAA (the "available amount"). (2) The available amount is the amount advised to the CAA by the Minister for the purposes of this section. BPS © OXI AW fp wnNne ee ion' wn RP Ree NANA Co 2224 26 Education (Capital Assistance) PART 5—PROVISION OF CAPITAL ASSISTANCE CAA may provide capital assistance Clause22.(1) If the Minister grants an application by the approved authority of an eligible non-State school for capital assistance for a proposed capital project, the CAA with which the school is affiliated must provide the approved authority with the amount granted for the project. (2) However, the CAA must not provide the amount until— (a) the CAA and the approved authority have entered into a written agreement for the project; and (b) at least 25% of the value of the works relating to the project has been completed. (3) The agreement must be in the form approved by the Minister for the project. PART 6—MISCELLANEOUS Return by eligible non-State schools Clause23.(1) In this section— "year" means the period of 12 months beginning on | April. (2) If the approved authority of an eligible non-State school receives or retains capital assistance in a year (the "relevant year"), the authority must, by the day prescribed by regulation for the following year, give to the CAA with which the school was affiliated when the assistance was provided a written return— (a) identifying the capital project to which the assistance relates; and (b) stating whether or not the project was completed in the relevant year; and (c) specifying the amount spent on the project as at the end of the relevant year; and FBO CO NIA DAUNBRW LD ee ion' wn 16192125 27 Education (Capital Assistance) (d) specifying the amount (if any) held on account of the project at the end of the relevant year; and (e) specifying the amounts, and sources of the amounts, used to fund the project; and (f) containing any other information required by regulation. (3) The CAA must make the statement available for inspection to a person approved by the Minister for that purpose. (4) The person may make a copy of, or take extracts from, the statement and for that purpose may retain it in the person's possession for a reasonable period. Return by CAA Clause24.(1) A CAA must, by the day prescribed by regulation for each year, give to the Minister a written return for the previous year (the "previous year")— (a) containing an audited statement of the amounts received by it under section 8 in the previous year, interest received on the amounts and the expenditure of the amounts; and (b) containing an audited statement of its Capital Assistance Fund showing details of the amounts paid to and from the Fund in the previous year and the financial position of the Fund at the beginning and end of the previous year; and (c) giving details of capital projects of which it has been advised under section 23; and (d) containing an assessment of the scheme provided for by this Act including the effectiveness of the assessment criteria mentioned in sections 16(1)(a) and 19(1)(a); and (e) stating any other information prescribed by regulation. (2) The audit mentioned in subsection (1) must be carried out by a person approved by the Minister. ow w AND NA HW Ne e 13161921 23 26 29 Education (Capital Assistance) Regulations Clause25. The Governor in Council may make regulations for the purposes of this Act. PART 7—VALIDATION OF CERTAIN PAYMENTS Validation ete. Clause26.(1) Amounts paid before the commencement of this section in relation to non-State schools under the schemes known as the Interest Assistance to Non-State Schools Scheme and the Capital Assistance Scheme are taken to be, and always to have been, lawfully paid. (2) The Minister may continue to pay amounts under the schemes to meet commitments existing under the schemes at the commencement of this section. (3) Amounts mentioned in subsection (2) may be paid out of amounts appropriated by the Parliament for the purposes of this Act. Certain other Parts do not apply Clause27. Parts 2 to 6 do not apply to an amount paid under this Part. © State of Queensland 1993 16