Document ID: chunk:federal_register_of_legislation:C2024C00865:section:52
Version: federal_register_of_legislation:C2024C00865
Segment Type: section
Provision Reference: s 52
Character Range: 79795–81618

52  Determining CTC scores
 (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.