Read The Times Australia

Daily Bulletin

What the Victorian government's decision not to sign on to the Gonski reforms means for schools in the new year

  • Written by: Anna Olijnyk, Lecturer, Adelaide Law School, University of Adelaide
The Conversation

Victorian schools could potentially be without federal funding after 31 December 2018 if the state government refuses to sign up to the Gonski 2.0 funding reforms. In a letter to Victorian Premier Daniel Andrews on Monday, Prime Minister Scott Morrison stated he was committed to coming to an agreement by today, when the Council of Australian Governments meets. The Victorian government has raised its portion of school funding from 66% to 75%, and is asking that the federal government also raise their share by an additional 5% to 25%.

Another letter, this time written by shadow federal education minister Tanya Plibersek to Andrews, circulated this morning. In the letter, Plibersek promised Labor would backdate any school funding withheld from Victorian students if it wins the May election.

Read more: FactCheck: does Victoria have Australia's lowest rate of public school funding?

The federal government has responded by saying Victoria isn’t entitled to federal funding after 31 December if the state doesn’t sign on to the reforms. The Victorian government claims it has legal advice that says the state would be entitled to funding come 2019.

In what essentially amounts to a game of political chicken, who wins? The federal government is right that it doesn’t have to fund Victorian schools in 2019 if they don’t sign an agreement. But that would be a poor political move at a time when the Coalition faces mounting criticism in the lead-up to an election.

The Australian constitution, money, and schools

The standoff is underpinned by the financial relationship between state and federal government, established by the Australian constitution. What does the constitution require the governments to do in this situation? Basically, nothing. Neither the state nor the federal government is under any constitutional obligation to fund schools. Nor does the constitution give Victoria an entitlement to federal funding.

Read more: State governments are vital for Australian democracy: here's why

The constitution leaves responsibility for running schools to state governments. The federal parliament is not given power to make laws about schools. So why does the federal government have anything to do with schools?

The answer lies in a very powerful provision of the constitution: section 96. This section allows the federal government to give money to state governments, on such terms and conditions as the federal Parliament thinks fit. For example, the federal government may give a state money to run schools, on the condition the money is distributed in a certain way, or even that particular teaching methods are adopted.

What can state government do if it doesn’t like the conditions?

There are three options:

  1. the state can accept the money on those conditions, even though it doesn’t like them
  2. the state can refuse to accept the money at all
  3. the state can try to negotiate with the federal government to secure the money on more appealing conditions.

From a constitutional point of view, the states are in a weak position here. The federal government can simply refuse to hand over the money, leaving the states with empty pockets. Australian state governments rely heavily on section 96 grants from the federal government.

The states are unable to collect enough tax to fund crucial government responsibilities (such as education and health). Under the constitution, the federal government has greater ability to collect tax, so the states rely on the federal government for a large chunk of the state budget each year. It’s called a vertical fiscal imbalance.

But what about the politics?

From a political point of view, the playing field is more even. For many years, the federal government has given the states money to pay for schools. There is now a strong public expectation it will continue to do so. If the federal government were to refuse to fund Victorian schools in 2019, this would be rich fodder for the government’s political opponents.

Read more: What kind of prime minister will Scott Morrison be?

Similarly, though, if the Victorian government refuses to accept money on the conditions offered by the federal government, it will be partially responsible if schools don’t have enough funding to operate in 2019.

The constitution leaves both governments with a lot of freedom to choose what to do here. But for either government to be responsible for shutting down Victoria’s schools would be extremely unattractive, politically. There is a strong political incentive on both sides for the Victorian and federal governments to reach agreement very soon - certainly in time for the new school year to proceed as usual.

Authors: Anna Olijnyk, Lecturer, Adelaide Law School, University of Adelaide

Read more http://theconversation.com/what-the-victorian-governments-decision-not-to-sign-on-to-the-gonski-reforms-means-for-schools-in-the-new-year-108674

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...