Senate debates
Tuesday, 26 November 2024
Bills
Better and Fairer Schools (Funding and Reform) Bill 2024; In Committee
8:04 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
by leave—I move amendments (1) and (2) on sheet 3036 together:
(1) Schedule 1, item 3, page 4 (line 11), omit "20 per cent", substitute "25 per cent".
(2) Schedule 1, item 7, page 5 (line 19), omit "20%", substitute "25%".
The amendments on sheet 3036 seek to amend section 35A of the Australian Education Act 2013 to raise the share of the Commonwealth's contribution to public schools to 25 per cent. It has been over a decade since the Gonski review said that we needed a truly needs-based funding system for our schools.
Since that time, we've had underfunding, with 98 per cent of public schools now underfunded. More than half of private schools are funded at a higher level than our public schools, with government money. Will the government—for the young people of this country and for the teachers who work every day in their schools—commit to finally getting those schools to 100 per cent of the SRS by lifting the Commonwealth contribution to 25 per cent? I commend this amendment to the Senate.
8:05 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
The government won't be supporting this amendment. The Minister for Education has been clear: there will be no blank cheques, and additional funding needs to be tied to reform.
It is important that this be a joint effort between the Commonwealth and the states and territories. This amendment wants the Commonwealth to bear the entire burden of filling the five per cent funding gap. This ignores the way that funding for our public schools works and how it is a shared responsibility between us and the states and territories.
Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source
Minister, I want to ask a question in relation to a provision in the bill in relation to funding. This bill will introduce differential treatment for government and non-government schools by making the funding instrument for government schools not subject to disallowance whilst non-government school funding will be disallowable. Can you explain why that is the case?
8:06 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
Approximately 40 per cent of non-government schools are transitioning down. Therefore, this amendment would result in additional costs that would require further consideration, resulting in delays. The Australian government intends to continue maintaining the Commonwealth's share of non-government schools at 80 per cent.
8:07 pm
Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source
That didn't quite address my question. What I want to know is why there is a difference in the bill between the treatment of government and non-government funding. I understand there are different shares, of course, but, as I say, for government schools the funding instrument is not subject to disallowance, yet for non-government school funding it is disallowable. It's a very significant difference. Could you please explain that very important difference and the decision the government has made in this respect?
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
A ratchet mechanism isn't appropriate for non-government schools because the Commonwealth's share for these schools needs to be able to transition down to 80 per cent of the schooling resource standard. Approximately 40 per cent of non-government schools are in the process of transitioning down. Should a future government wish to seek a different set of Commonwealth shares for non-government schools, this would be subject to disallowance by the parliament.
Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source
The question is that the requests for amendments (1) and (2) on sheet 3036 be agreed to.
8:14 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
by leave—I move amendments (1) and (2) on sheet 3040 together:
(1) Schedule 1, item 3, page 4 (line 11), omit "20 per cent", substitute "22.5 per cent".
(2) Schedule 1, item 7, page 5 (line 19), omit "20%", substitute "22.5%".
Given that the government won't support increasing the Commonwealth contribution to 25 per cent, this amendment seeks to increase the contribution of the federal government to our public schools to 22½ per cent.
Minister, this is your policy. This is the amount of contribution that you put in your offer to the states. Voting for this amendment is your opportunity to protect our public schools from backsliding under a coalition government. If you believe that 22½ per cent is a fair contribution that should be made by the federal government to our public schools, then you should lock it in for all of them. In your previous comments, you stated that you don't want to give blank cheques. I can tell you now that public schools, public school teachers and public school students have not been asking for blank cheques and we've been running on empty for over a decade.
Teachers dip into their pockets every year to the tune of $1,000. No-one is asking for a blank cheque. They're asking for a government that gives a damn about public education in this country. It is on its knees. There is a reason why parents feel like they have no choice but to fork out thousands of dollars to send their kids to the private school up the road because it is better resourced than the public one. It should be the job of governments to give every young person in this country the opportunity to have a well-funded, high-quality, world-class free public education. For over 13 years, we have not had that—not under the coalition and not under Labor. You went to an election and said that no-one would be left behind. You wanted and you believed in public education. If the minister believes in public education, show us.
I speak for thousands upon thousands of public school teachers in this country who believe that the federal government does not care about our public schools, because they see the amount of money that gets shovelled out of the door—$51 million every day—into our private school system. They drive past them in their cars with their cranes and their new buildings going up. They go into their classrooms that need paint, that have asbestos in them, that aren't cool in summer and that don't have the resources that they need. They look at the young person in front of them who is neurodiverse and who can't get a support teacher for more than two hours a week. They look at the young child with a disability who can't get up to the science block, because they don't have a lift.
Teachers deal with this and young people in public schools deal with this every single day, yet the teachers show up because we care about the kids in front of us—the majority of kids in this country who are educationally disadvantaged who attend our public schools. Teachers do this every single day, despite the fact that their governments don't care, despite the fact that they are underresourced, despite the fact that there is no end in sight to that underresourcing and despite the fact that they get abused in the media and by governments. By telling us there are no blank cheques, you might as well just say, 'You're not doing a good enough job.' Try doing the job when you are underresourced year after year.
Teachers have had enough. When you got elected to government, they thought that somebody cared and it was going to change. Well, it's changing a bit, but it's not 100 per cent, and you know it. So, if you really care, if you really believe that public schools in this country should get 22½ per cent, like you've put on the table, then lock it in for all of them. I commend this amendment to the House.
8:19 pm
Sarah Henderson (Victoria, Liberal Party, Shadow Minister for Education) Share this | Link to this | Hansard source
I recognise Senator Allman-Payne's commitment to public education as a former teacher, but I want to put on the record that I did not appreciate the slight against our government, because the previous coalition government nearly doubled annual school funding, from $13 billion in 2013 to $25.3 billion in 2022. I think it's also important to point out that the funding shortfall, to be fair, is actually not the responsibility of the Commonwealth under the existing legislation. So, Senator Allman-Payne, you really should be looking at the states which have fallen well short of their contribution.
I think it's really important that anyone listening to this debate or reading the Hansard understands the facts that, under the current Gonski funding model, the Commonwealth was meeting its 20 per cent share and that there were dramatic shortfalls in funding but the shortfalls were not the responsibility of the Commonwealth; they were the responsibility of the states and the Northern Territory. The only jurisdiction meeting its Gonski funding commitment to government schools was the ACT. So I think it is very important to put those facts on the record.
8:21 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
Thanks, Senator Allman-Payne. I've seen your passion in regard to public education in this chamber and also in Senate estimates. The government has a proud record of support for public schools. Indeed, the minister himself is someone who's been very passionate in his defence of public schools and, at the same time, the teaching profession. He recognises the role that teachers have played in his life, and the work that he wants to do to lift the standing of teachers and the profession across the country is really important.
The government won't be supporting this amendment. The minister has been clear that additional funding needs to be tied to reform. This amendment wants the Commonwealth to provide additional funding for states and territories without embedding the reforms that will actually help Australian students catch up, keep up and finish school, which are exactly what we want to do to build a strong and sustainable education system in this country.
Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source
The question is that requests for amendments (1) and (2) on sheet 3040 be agreed to.
8:28 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
I move amendment (1) on sheet 3037.
(1) Schedule 1, page 8 (after line 15), at the end of Part 3, add:
14A Subsection 22A(5)
Omit "The total SRS amount", substitute "Subject to subsection (5A), the total SRS amount".
14B After subsection 22A(5)
Insert:
(5A) The total SRS amountfor the State or Territory does not include an amount prescribed by regulations made for the purposes of this subsection.
(5B) Without limiting subsection (5A), regulations made for the purposes of that subsection must prescribe the amounts listed under the heading "2.1.3 Accounting exclusions and deductions" in version 8.8 of the document titled "My School Financial Reporting Key Principles and Methodology" published by the Australian Curriculum Assessment and Reporting Authority.
The purpose of this is to remove the four per cent accounting loophole that was instigated by a coalition government and which for some reason Labor seems intent on keeping. Then shadow minister Plibersek said before the last federal election to a roomful of teachers at a conference that the government was going to remove this loophole. This is the loophole that allows states to include depreciation of buildings, busing of students in their share of their contribution to public schools. Some of those things are used by private schools but they don't lose that money. The government says that everybody needs to do their fair share. Well, the government could remove this four per cent loophole and that would bring the states up. Then they could lift their contribution and maybe we would get to 100 per cent. As long as this four per cent loophole remains, no matter what the government says, every public school in this country—WA, NT, Tasmania—will really only be at 96 per cent of the schooling resource standard.
So I implore the government to stick to the commitment that you made before the election, remove this loophole and let's get us closer to a hundred per cent of the SRS. I commend this amendment to the Senate.
8:30 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
The government will not be supporting this amendment. Let me be clear about what the now government said before the election, when we were in opposition. The now Prime Minister said:
… Labor remains committed, working with state and territory governments, to getting every school to 100 per cent of its fair funding level.
That was at the Press Club on 25 January 2022. As shadow minister, the member for Sydney said on Insiders on 8 May 2022, 'We need the states and territories to increase their effort as we would increase our effort to get every school up to 100 per cent of its fair funding level.' That was what was said by us in opposition.
The focus of this bill is the missing five per cent of the school resourcing standard. The four per cent is used by states to fund a mix of things, including school transport and early childhood education costs. It's a matter for the states whether they wish to claim that four per cent or not.
8:31 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
Minister, wasn't it confirmed at estimates by the department that that four per cent was never included in the original Gonski calculation?
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
The 2011 review of funding for schooling, the Gonski review, sets out that the SRS should include the full cost of delivering schooling services, regardless of whether these are delivered in an independent school or in a systemic school. A provision for general maintenance and minor acquisitions below an established capitalisation threshold has recommended excluding sector costs, such as regulation of schools, certifications of teachers, national school testing and development of curriculum.
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
It's true, though, isn't it, that that money is being used by some states for their school teacher registration authorities? Is that correct?
8:32 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
Yes, that's my understanding, Senator Allman-Payne.
Karen Grogan (SA, Australian Labor Party) Share this | Link to this | Hansard source
The question is that Greens amendment (1) on sheet 3037 be agreed to.
8:38 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
by leave—I move Greens amendments (1) and (2) on sheet 3038 together:
(1) Schedule 2, item 3, page 10 (after line 26), after section 127A, insert:
127B Annual inquiry by Senate Committee
(1) The Senate Education and Employment References Committee, or such other committee constituted under a resolution of the Senate, must, by the end of each year:
(a) conduct an inquiry into the matter covered by subsection (2); and
(b) report the Committee's findings to the Senate as soon as practicable after completing the inquiry.
(2) The matter covered by this subsection is the level of disadvantage in schools across Australia, including the level of disadvantage in schools when grouped by one or more of the following:
(a) location;
(b) whether the school is a government or non-government school;
(c) any other characteristic or metric that the Committee considers appropriate.
(2) Schedule 2, page 11 (after line 4), at the end of the Schedule, add:
5 Application provision — annual inquiry
The first inquiry conducted by the Senate Education and Employment References Committee, or such other committee constituted under a resolution of the Senate, under section 127B of the Australian Education Act 2013, as inserted by this Schedule, must be completed before 1 January 2027.
The purpose of these amendments is to add to the bill's intent, which is to address equity and disadvantage, to ensure that a regular statement by the minister on the progress of the bilateral agreements is brought forward each year to be inquired into, and it would also compel ACARA or another body to prepare and table a report including such data. This would give us a much better opportunity and additional opportunities to track how we are actually going in addressing inequity, which is a big purpose of this bill. I commend these amendments to the Senate.
8:39 pm
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
Thanks, Senator Allman-Payne. The government won't be supporting this amendment. Enhanced transparency measures in the bill and the ministerial report to parliament provide greater levels of accountability. The Better and Fairer Schools Agreement will build trust in the system, showing the public how funding is distributed for the benefit of students from disadvantaged backgrounds. Further, education ministers will review the measurement framework for schools to ensure it remains relevant, ensuring equity and access for disadvantaged students.
Question negatived.
8:40 pm
Penny Allman-Payne (Queensland, Australian Greens) Share this | Link to this | Hansard source
by leave—I move:
(1) Schedule 2, item 3, page 10 (after line 26), after section 127A, insert:
127C Annual report by the Australian Curriculum, Assessment and Reporting Authority etc.
(1) By the end of each year:
(a) unless paragraph (b) applies—the Australian Curriculum, Assessment and Reporting Authority; or
(b) if another person is directed by the Minister—that other person;
must prepare a report into the level of disadvantage in schools across Australia.
(2) Without limiting subsection (1), the report must include information relating to the following matters:
(a) the distribution of socio-educational disadvantage for schools when grouped by location, sector or any other measure;
(b) the percentage of students with socio-educational disadvantage in schools when grouped by location, sector or any other measure;
(c) the percentage of students that attract any of the following:
(i) student with disability loading;
(ii) Aboriginal and Torres Strait Islander loading;
(iii) socio-educational disadvantage loading;
(iv) low English proficiency loading;
(v) location loading;
in schools when grouped by location, sector or any other measure;
(d) the Index of Community Socio-educational Advantage value for schools when grouped by location, sector or any other measure;
(e) the fees, charges and parent contributions charged by each school;
(f) the fees, charges and parent contributions charged by schools when grouped by location, sector or any other measure.
(3) The information that is to be included in the report under subsection (1) must include, to the extent possible, information that relates to previous years.
(4) The Australian Curriculum, Assessment and Reporting Authority, or the other person, must give the Minister a copy of the report under subsection (1) as soon as practicable after the report is completed.
(5) The Minister must cause a copy of the report under subsection (1) to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives a copy of the report.
(6) This section does not limit the application of section 46 of the Public Governance, Performance and Accountability Act 2013 to the Australian Curriculum, Assessment and Reporting Authority.
(7) In this section:
Index of Community Socio-educational Advantage value for a school means the value that identifies the socio-educational advantage of the school, as published by the Australian Curriculum, Assessment and Reporting Authority from time to time.
(2) Schedule 2, page 11 (after line 4), at the end of the Schedule, add:
6 Application provision — annual report
The first report prepared under subsection 127C(1) of the Australian Education Act 2013, as inserted by this Schedule, must be completed before 1 January 2027.
I commend the amendments to the Senate.
Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Link to this | Hansard source
Thanks, Senator Allman-Payne. Again, the government won't be supporting this amendment. The provisions of this bill give greater oversight in relation to Commonwealth investments in schools and progression of reforms,including requiring the education minister to provide an annual report to parliament. Much of the intent of this motion will be met through the implementation of the Better and Fairer Schools Agreement, which will require jurisdictions to report on how Commonwealth funds are invested, share information via a public dashboard and review the measurement framework for schooling in Australia.
Question negatived.
Bill agreed to.
Bill reported without amendment; report adopted.