The compulsory schooling system in Australia comprises twelve to thirteen years for children between the ages of six and 15 or 17. School education is divided into a preparatory year, primary and secondary school, with the final two years of secondary schooling
678
Rebecca Young (2009) 198.
679
Anti-Discrimination Commission Queensland, Submission to the NHRC Secretariat for its consideration into protecting and promoting human rights and corresponding responsibilities in Australia (15 June 2009) (‘Anti-Discrimination Commission Submission Qld (2009)’).
680
(2009) xxx.
681
Racial Discrimination Act 1975 (Cth); Disability Discrimination Act 1992 (Cth); Sex
Discrimination Act 1984 (Cth); Age Discrimination Act 2004 (Cth); Anti-Discrimination Act 1991 (ACT); Discrimination Act 1977 (NSW); Anti-Discrimination Act 1996 (NT); Anti-Discrimination Act 1991 (Qld); Equal Opportunity Act 1984 (SA); Ant-Discrimination Act 1998 (Tas); Equal Opportunity Act 1995 (Vic); Racial and Religious Tolerance Act 2001 (Vic); Equal Opportunity Act 1984 (WA).
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necessary for higher education. The major funding for government schools is the
responsibility of State and Territory governments which provide approximately 90 % and the remaining 10% supplied by the Australian government.682 The Ministerial Council on Education, Early Childhood Development and Youth Affairs (‘MCEECDYA’) includes Commonwealth, State, and Territory government Ministers with relevant portfolios.683 States and Territories conduct annual national literacy and numeracy benchmark assessment tests as required by the Federal government’s funding agreement. All States and Territories offer special needs programs for students with intellectual and physical disabilities, behaviour disorders, special learning needs, gifted and talented abilities, migrant students with low numeracy and literacy skills or difficulties in learning English.684
In the early years of Australia’s European settlement, the colonies passed education
legislation which had the effect of removing state education from the church and established the responsibility of the state to educate children. Education was compulsory, secular and free.685 However, in spite of these egalitarian beginnings, in 2000 the Commonwealth spent a total of $2.9 billion on 1 million private school students, and $1.8 billion on 2.2 million students enrolled in non-government schools.686 In 2000 the CESCR expressed interest in the difference in quality of schooling available to students in public and private schools in Australia.687 In fact, the private school share of Commonwealth funds increased from 55.6 per cent in 1995–96 to 68.9 per cent by 2007–08. 688 OECD Programme for International
682
Commonwealh of Australia, Common Core Document forming part of the reports of States Parties – Australia – incorporating the Fifth Report under the International Covenant on Civil and Political Rights and the Fourth Report under the International Covenant on Economic, Social and Cultural Rights June 2006 [557] (‘Common Core Document 2006’) <http://dfat.gov.au/issues/human- rights/reports/icescr-iccpr/core_doc.pdf> at 5 November 2012.
683
formerly The Ministerial Council on Education, Employment, Training and Youth Affairs (‘MCEETYA’).
684
Common Core Document 2006 [563]-[566]: Programs include: The National Literacy and Numeracy Plan; The Literacy and Numeracy Special Learning Needs Program; The Reading Assistance Voucher Program; National Literacy and Numeracy Week; The English as a Second Language Program; The Information and Communication Technology (ICT) in School Education Program.
685
Sally Varnham, ‘My Home, My School, My Island: Home Education in Australia and New Zealand’ (2008) 2 Public Space: The Journal of Law and Social Justice (2008) 1, 14.
686
Margaret Vickers, ‘In the common good: The need for a new approach to funding Australian schools’ (2005) 49 (3) Australian Journal of Education 264, 270.
687
United Nations Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50 (2000) [22]
<http://www.ag.gov.au/Documents/a00000Common%20Core%20Document%20Annex%203.pdf> at 3 November 2012.
688
Vickers (2005) 270; this trend partly reflects the migration of student enrolments from government to non-government schools: see Gerald Burke, ‘Funding schools’ (2002) Educare News 42, 45; Julie Novak, ‘Surely funding isn’t that hard to understand’ (2008) Institute of Public Affairs Review 4.
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Student Assessment (‘PISA’) results in 2003 showed that while Australia’s top students are among the world’s highest performers, there is a comparatively large underperforming tail.689
The PISA report found social background makes more difference to achievement in Australia than it does in most other high performing countries.690
Nevertheless, the funding model adopted by the Howard Government (1996-2007) was extended until 2012 by the first Rudd Labor Government.691 This model had students in private and non-government schools receiving at least $3.50 of Commonwealth funding per student for every dollar per government school student.692
The Gillard Labor Government commissioned a review of the school funding system chaired by David Gonski. The final report693 recommended a system of base funding for each school topped up with additional funds if the school is in a rural or remote area, teaches children with limited English skills, students from low income families, Indigenous children or students with a disability. The Australian Government has proposed a six year transition to the new funding system beginning in 2014.694
Although the government is under a duty to provide for the private school option,695 one should not be privileged at the expense of the other. 696 The current imbalance between public and private school resourcing violates the 4-As. Although one of the justifications for the current funding model was to support non-government schools to allow them to reduce fees, the trend has been for elite schools in receipt of funding increases to introduce substantial fee increases.697 A public school with poor resources does not offer students genuine availability or acceptability. Functioning educational institutions and programs have 689 Ibid 268. 690 Ibid 266. 691
Schools Assistance Act 2008 (Cth); See ‘Rudd's $26b funding gift to private schools’ Sydney Morning Herald, (August 24, 2009) < http://www.smh.com.au/national/rudds-26b-funding-gift-to- private-schools-20090823-ev4p.html > at 17 January 2013.
692
Rebecca Leech, ‘Easy as pie? It’s time we fixed our school funding system’ (2008) Teacher 10, 11.
693
Review of Funding for School - Final Report (2011) 24
<http://www.deewr.gov.au/Schooling/ReviewofFunding/Documents/Review-of-Funding-for- Schooling-Final-Report-Dec-2011.pdf> (‘Gonski Report’) 217 at 31 August 2012.
694
Simon Cullen, ‘Gillard delivers school funding plan’ ABC News (September 3, 2012)
<http://www.abc.net.au/news/2012-09-03/government-delivers-response-to-gonski-review/4239956> at 17 January 2013.
695
See ICCPR Art 18(4); ICESCR Art 13(3) and Art 13(4).
696
Neil Cranston et al, ‘Politics and school education in Australia: a case of shifting purposes’ (2010) 48 (2) Journal of Educational Administration 182, 192.
697
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to be available in sufficient quantities.698 Where the classroom or library materials are lacking or in poor condition, the quality of research conducted by students may be affected and thus inadequate. Because primary education must be free,699 forcing families to supplement the resources offered by the school leads to a possible violation for those students whose parents cannot afford the expense. The quality of the education offered is also affected by environmental factors such as classrooms without air conditioning in which students are struggling to focus on their studies. Similarly the absence of texts and materials fails to stimulate learning. A typical provision in areas of limited resources is the so-called ‘one-between two, class set’ of texts and reproduced materials.700
In this situation the students’ learning is only as good as the partnership dynamics permit. Where the pairing is unproductive, the quality of each student’s education suffers.
It is also accepted that teachers must receive domestically competitive salaries and adequate working conditions for their teaching to be at least adequate, and at best, of good quality.701 Where there is insufficient teacher recruiting, low relative salaries and low morale, the quality of students’ education suffers. It has been noted that morale among teachers is falling in many countries including Australia. In Australia teacher training attracts students with lower academic qualifications and salaries are not increasing on a par with other
professions.702 For education to be acceptable - relevant, non-discriminatory, culturally appropriate, and delivered in a safe environment - resources are needed. Professional development of teachers is needed to train them in cultural appropriateness when teaching children from a range of cultures other than their own. The sensitivity required to deliver non-discriminatory teaching requires resources and training. To accommodate disabled students, materials and facilities need to be modified. Equipment needs to be maintained and replaced to create a safe learning environment.
Accessibility is impaired when students from low socio-economic backgrounds are not reached. Poor resources such as an insufficient number of computers, for example, leaves those students without home resources unable to compete in research and homework. In families where education is not seen as valuable, the children lack reinforcement of material
698
Right to Education Project 2008.
699
ICESCR Art 13(2)(a); CROC Art 28(1)(a).
700
See UNESCO, Education for All 2005, 159: ‘Studies indicate that once schools have acceptable levels of textbooks it is teacher practice that makes the difference.’
701
General Comment 13 (1999).
702
Brian Keeley, Human Capital: How what you know shapes your life OECD Insights, 67 <http://images2.ehaus2.co.uk/oecd/pdfs/free/0107101e.pdf> at 6 July 2012.
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and content delivered at school. Being aware of this profile of many low socio-economic families, schools must have resources in situ. Similarly the changing needs of students must be provided for. Linguistic minorities need to learn the national language,703 and also have their own language recognised. Technological changes must be met – a school with DVDs today will need to replace them with updated media. Poor schools in Australia are unable to fully implement the 4As of adequate education.