Education

Public university

2.1.1

The university must be either:

• an Australian government agency, or
• a registered charity.

Public fund for the establishment of a public university

2.1.2

The public fund must be any of the following:

• an Australian government agency
• a registered charity, or
• operated by an Australian government agency or a registered charity.

Higher education institution

2.1.3

An institution that is a higher education provider within the meaning of the Higher Education Support Act 2003 (HESA).

The institution must be approved as a 'higher education provider' by the Minister under division 16 of the HESA. An institution that was a 'higher education provider' is no longer entitled to DGR endorsement from the date its approval was revoked, suspended or otherwise ceased.

The institution must be either:

• an Australian government agency, or
• a registered charity.

Residential educational institution

2.1.4

A residential educational institution affiliated under statutory provisions with a public university covered by item 2.1.1.

The affiliation with the public university must be under the university's statutory provisions. It is the residential educational institution that must be affiliated rather than a building it uses. Examples include residential colleges established under public universities statutes.

The institution must be a registered charity.

Commonwealth residential educational institution

2.1.5

A residential educational institution established by the Commonwealth.

Affiliated residential educational institution

2.1.6

A residential educational institution that is affiliated with a higher education provider covered by item 2.1.3.

Examples are residential colleges affiliated with higher educational providers.

The institution must be either:

• an Australian government agency, or
• a registered charity.

TAFE

2.1.7

An institution that the Education Minister:

• has determined to be a technical and further education institution under the Student Assistance Act 1973
• has declared by signed instrument before 18 September 2009 to be a technical and further education institution within the meaning of the Employment, Education and Training Act 1988.

The institution must be either:

• an Australian government agency, or
• a registered charity.

Gift condition – gifts must be for:

• purposes of the institution that have been declared by the Minister for Education to relate solely to tertiary education
• the provision of facilities for the institution, if the Minister has declared that they are satisfied the facilities are to be used principally for such purposes.

Public fund for religious instruction in government schools

2.1.8

A public fund established and maintained solely for the purpose of providing religious instruction in government schools in Australia.

The public fund must be:

• an Australian government agency
• a registered charity, or
• operated by an Australian government agency or a registered charity.

Roman Catholic public fund for religious instruction in government schools

2.1.9

A public fund established and maintained by a Roman Catholic archdiocesan or diocesan authority solely for the purpose of providing religious instruction in government schools in Australia.

The public fund must either:

• an Australian government agency
• a registered charity, or
• operated by an Australian government agency or a registered charity.

Public fund for ethics education in government schools

2.1.9A

A public fund established and maintained solely for the purpose of providing education in ethics in government schools in Australia (as an alternative to religious instruction), where the ethics education to be provided is in accordance with state or territory law.

The public fund must be either:

• a registered charity, or
• operated by a registered charity.

School building fund

2.1.10

A public fund established and maintained solely for providing money for the acquisition, construction or maintenance of a school or college building.

The building must be used, or going to be used, as a school or college by:

• a government
• a public authority
• a not-for-profit society or association.

The public fund must be:

• an Australian government agency
• a registered charity, or
• operated by an Australian government agency or a registered charity.

See also School building funds.

Public fund for rural school hostel building

2.1.11

A public fund established and maintained solely for providing money for the acquisition, construction, or maintenance of a rural school hostel building.

The building must be used, or going to be used, principally as residential accommodation for students who meet both of the following:

• their usual place of residence is in a rural area
• they are undertaking primary or secondary education or special education programs for children with disabilities at a school in the same area as the building.

The costs of the school must be solely or partly funded by the Australian government, a state or a territory. The accommodation must be provided by any of the following:

• the Australian government, a state or a territory
• a public authority
• a company that is
  • not carried on the purposes of profit or gain to its individual members, and
  • prohibited by its constitution from making any distribution of money or property to its members.
   

The public fund must be:

• an Australian government agency
• a registered charity, or
• operated by an Australian government agency or a registered charity.

Government special school

2.1.12

A government school that provides special education for students each of whom has a disability that is permanent or is likely to be permanent and does not provide education for other students.

Scholarship fund

2.1.13

A public fund that is established and maintained solely for providing money for eligible scholarships, bursaries or prizes.

To be eligible, the scholarship, bursary or prize must have all the following characteristics:

• awarded only to Australian citizens or permanent residents within the meaning of the Australian Citizen Act 2007
• open to individuals or groups of individuals throughout a region of at least 200,000 people, or at least an entire state or territory
• for the purpose of promoting the recipients' education
• in approved Australian courses, and/or
• at educational institutions overseas to study as a component of an approved Australian course
• awarded on merit or for reasons of equity.

The public fund must be either:

• a registered charity
• operated by a registered charity.

See also Scholarship funds.

Life education company

2.2.9

A company that conducts life education programs under the auspices of the Life Education Centre. The company must be:

• not carried on for the purposes of profit or gain to its individual members, and
• prohibited by its constitution from making any distribution of money or property to its members.

Gift condition – the gift must be for the conduct of such programs.