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Post-amendment fact sheet

The Australian Education Regulation 2013 (the Regulation) was amended on 25 August 2015. The amendments included several administrative changes to ensure regulatory certainty for approved authorities. These changes, and other amendments to the Regulation, will be reflected in the Guide to the Australian Education Act.

Detail on these changes can be found on the Australian Government Comlaw website:

In addition to these amendments the Government has extended the commencement date of school improvement plan requirements to 1 January 2017.

2014 Amendments

The Australian Education Act 2013 (the Act) and Australian Education Regulation 2013 (the Regulation) were amended in 2014 on 26 November and 11 December respectively.

A number of these amendments have an impact on approved authorities, block grant authorities and non-government representative bodies. The changes arising from the amendments include the following:

Approved authorities

  • extend to 1 January 2016 the commencement date of the requirement for an approved authority to have a school improvement framework and for each school to have a school improvement plan in place
  • continue beyond 2014 the existing definition of a ‘student with disability’ ‑ used to calculate the ‘students with disability’ funding loading ‑ until a new national definition is established
  • authorise the collection of information from approved authorities for the purposes of the Nationally Consistent Collection of Data on School Students with Disability in line with collection arrangements agreed by Commonwealth, state and territory education ministers
  • allow the department to manage the transition pathways ‑ for calculating recurrent funding entitlements ‑ for approved authorities who have existing schools enter or leave the approved authority
  • require ‑ consistent with requirements under previous funding arrangements ‑ any interest earned from financial assistance paid under the Act to be spent, or commit to be spent, in the same way as the financial assistance
  • make clear that record-keeping requirements for approved authorities for non-government schools include records of capital expenditure in relation to land and buildings, and expenditure by contractors and sub-contractors in relation to that capital expenditure
  • reflect changes, from 2015, to the levels of education that constitute primary and secondary education in Queensland and Western Australia to reflect changes made by those states

Block grant authorities

  • establish the total amount capital funding paid to block grant authorities for non-government schools for 2014
  • prescribe the matters the Minister will have regard to the annual indexation of capital funding paid to block grant authorities
  • require block grant authorities to comply with written directions of the Minister in relation to how capital funding, or recovered funds, is spent or committed to be spent

Non-government representative bodies

  • require non-government representative bodies (from 2015) to spend, or commit to spend, Commonwealth financial assistance in the year in which it is paid
  • require any interest earned from financial assistance paid under the Act to be spent, or commit to be spent, in the same way as the financial assistance.