Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Minister must (subject to subsection (6)) determine, in writing, the CTC score for a school.
Note: Decisions under this subsection are reviewable decisions (see Division 3 of Part 9).
(4) A determination under subsection (1) for a school must be in accordance with the regulations unless the Minister is satisfied doing so would result in a CTC score that does not accurately reflect the capacity of the persons responsible for students at the school to contribute financially to the operation of the school.
Note: The regulations may prescribe matters that the Minister may or must have regard to in making a decision under this subsection (see paragraph 130(2)(b)).
(5) A determination of a school's CTC score that applies to a year must not be made under subsection (1) after the year has ended unless:
(a) both of the following apply:
(i) the determination (the new determination ) replaces a previous determination that is in force for the school;
(ii) the CTC score in the new determination is no higher than the CTC score in the previous determination; or
(b) the approved authority for the school agrees in writing to the determination being made retrospectively; or
(c) the Minister is satisfied that special circumstances justify the determination; or
(d) the determination is made by, or as a result of a decision by, an internal reviewer, the Administrative Review Tribunal or former Administrative Appeals Tribunal or a court after reviewing a previous determination that applied to the year.
(6) This section does not apply in relation to the following schools:
(a) a government school;
(b) a special school;
(c) a special assistance school;
(d) a school that is a majority Aboriginal and Torres Strait Islander school for a year;
(e) a sole provider school.