Education and Training Act 2020

Subpart 1—Funding

548 Funding of certain early childhood services and certified playgroups

(1)

In each year, out of money appropriated by Parliament,—

(a)

the service provider of every licensed early childhood service—

(i)

must be paid general grants; and

(ii)

may be paid 1 or more discretionary grants; and

(b)

the service provider who operates a certified playgroup—

(i)

may be paid general grants; and

(ii)

may be paid 1 or more discretionary grants; and

(c)

the management of any body corporate may be paid a discretionary grant for the purpose of establishing a licensed early childhood service or certified playgroup.

(2)

The amount of every grant must be determined by the Minister.

(3)

The Minister may determine the means by which the amounts of grants may be calculated or ascertained, and—

(a)

different means may be determined in respect of—

(i)

grants of different classes or descriptions; and

(ii)

licensed early childhood services of different classes or descriptions and certified playgroups; and

(b)

the amount of any grant may be determined accordingly; but

(c)

nothing in this subsection limits or affects the Minister’s power under subsection (2) to determine the amount of any grant.

(4)

Without limiting subsection (3), the Minister may determine that no grant is payable in respect of any international student attending a licensed early childhood service.

(5)

Any grant—

(a)

may be paid unconditionally, or subject to any conditions the Minister specifies in writing when the grant is paid or earlier; and

(b)

may be paid to be used for any purpose the service provider thinks fit, or for only the purposes that the Minister specifies in writing when the grant is paid or earlier; and

(c)

may be withheld in whole or in part if the service provider fails to comply with any regulations made under section 636 or 637 or any conditions of the licence or certificate.

(5A)

Subsections (5B) and (5C) apply to conditions or purposes—

(a)

specified under subsection (5)(a) or (b); and

(b)

that relate to employment matters (for example, remuneration).

(5B)

Those conditions or purposes may be specified by the Minister to help achieve aims that are, or include, employment relations aims.

(5C)

Those aims may, but need not, also be specified by the Minister.

(6)

The service provider must ensure that,—

(a)

where a grant has been paid subject to conditions, the conditions are complied with; and

(b)

if a grant has been paid to be used only for purposes specified by the Minister under subsection (5)(b), the grant is used only for those purposes.

Compare: 1989 No 80 s 311

Section 548(5A): inserted, on 13 July 2021, by section 4 of the Education and Training (Grants—Budget Measures) Amendment Act 2021 (2021 No 28).

Section 548(5B): inserted, on 13 July 2021, by section 4 of the Education and Training (Grants—Budget Measures) Amendment Act 2021 (2021 No 28).

Section 548(5C): inserted, on 13 July 2021, by section 4 of the Education and Training (Grants—Budget Measures) Amendment Act 2021 (2021 No 28).