Australian Education Amendment (Save Our Public Schools)

Current status

This bill did not become law and is no longer proceeding.

Policy area

Education & skills

What does this bill do?

Schools still in transition under current funding rules would not be covered by these new ministerial checks and objectives straight away.

Why was it introduced?

A funding gap left most public school students without the full School Resourcing StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares., because the Commonwealth provides 20% and most states and territories fall short of their 80% share. The bill lifts the federal shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. for government schools to at least 25%, sets a goal of fully funded public schools for every child, and requires the minister to align funding rules with that goal.

Broader context

After Tony Abbott’s 2014 budget cuts reignited school funding fights, Malcolm Turnbull’s government in 2017 adopted David GonskiThe funding approach linked to David Gonski that aims to direct more money to schools with greater need.’s needs-based model, but the Commonwealth shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. for public schools still sat at 20 per cent and many states and territories remained short of their side of the Schooling Resource StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares.. The bill was introduced in 2023 to raise the federal shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. to at least 25 per cent and write fully funded public schools into national education law, but it was still only at second reading debateThe stage in Parliament where members debate whether the bill should go any further before it is voted on. in February 2024 and lapsed when Parliament ended in July 2025.

Key criticism

The main criticism was that the bill would make the Commonwealth pay more on its own without fixing the real problem critics saw: states and territories still falling short and funding reform needing to be negotiated, not imposed. That case was raised by Coalition senator Sarah Henderson and Labor senator Tony Sheldon, and it appears to have been limited to opponents who said they supported full public school funding in principle.

Who supported it?

Senator Penny Allman-Payne introduced this bill. Speeches supporting it came from Greens.

Introduced in Senate 14 Sept 2023
Failed in Senate 21 July 2025
Did not reach House
Did not become law

Did it become law?

No

The bill did not complete passage through Parliament.

Final passage

Did not pass

1 recorded vote before the bill stopped proceeding

Time before failure

676 days

From introduction to the final recorded step before the bill stopped proceeding

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. Schools still in transition under current funding rules would not be covered by these new ministerial checks and objectives straight away.

  2. Federal funding for government schools would rise from 20% to at least 25% of the School Resourcing StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares., with regulations able to set a higher share.

  3. Australian education law would add a goal that every school-aged child can attend a fully funded public school.

  4. The federal Education Minister would have to make sure any regulation setting the federal shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. matches the goal of fully funding public schools for every child.

Show source excerpts
  1. 7. New subsection 35A(4) provides that, for the avoidance of doubt, subsections 35A(2) and (3) do not apply to government and non-government schools still covered by the transitional arrangements in sections 35B and 35C of the Australia Education Act 2013.
    Australian Education Amendment (Save Our Public Schools) explanatory memorandum
  2. for a government school—25%, unless the regulations prescribe a higher percentage;
    Australian Education Amendment (Save Our Public Schools) explanatory memorandum
  3. 4. Item 1 inserts a new paragraph 3(c) into the objects in section 3 of the Australian Education Act 2013. The new paragraph 3(c) provides that an object of the Act is “to ensure every school-aged child in Australia has access to a fully funded government school”.
    Australian Education Amendment (Save Our Public Schools) explanatory memorandum
  4. 6. New subsections 35A(2) and (3) also insert an objective that when considering making a determination for the Commonwealth share the Minister must be satisfied that regulations are consistent with the objective in subsection 35A(3). Subsection 35A(3) states “the objective is that every school-aged child in Australia has access to a fully funded government school”.
    Australian Education Amendment (Save Our Public Schools) explanatory memorandum

Broader context for this bill

After Tony Abbott’s 2014 budget cuts reignited school funding fights, Malcolm Turnbull’s government in 2017 adopted David GonskiThe funding approach linked to David Gonski that aims to direct more money to schools with greater need.’s needs-based model, but the Commonwealth shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. for public schools still sat at 20 per cent and many states and territories remained short of their side of the Schooling Resource StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares.. The bill was introduced in 2023 to raise the federal shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. to at least 25 per cent and write fully funded public schools into national education law, but it was still only at second reading debateThe stage in Parliament where members debate whether the bill should go any further before it is voted on. in February 2024 and lapsed when Parliament ended in July 2025.

  1. 22 May 2014

    Abbott budget cuts reignite school funding fights

    The Abbott government’s education cuts sharpened the political dispute over who should pay for school funding and left a long-running argument about public school resourcing unresolved.

    Australian Financial Review ↗
  2. 02 May 2017

    Turnbull adopts the Gonski needs-based funding modelThe funding approach linked to David Gonski that aims to direct more money to schools with greater need.

    The Turnbull government pledged to deliver David GonskiThe funding approach linked to David Gonski that aims to direct more money to schools with greater need.’s model across the decade, entrenching the Schooling Resource StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares. as the benchmark for school funding.

    Australian Financial Review ↗
  3. 14 Sept 2023

    Greens introduce a bill to lift the Commonwealth shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. for public schools

    Senator Allman-Payne introduced the bill to replace the 20 per cent Commonwealth shareThe part of a school's funding that the federal government is meant to pay under the education funding rules on this page. with a minimum 25 per cent share and add an objective of fully funded government schools for every child.

    Hansard ↗
  4. 08 Feb 2024

    Senate debate centres on the public school funding gap

    During second reading debateThe stage in Parliament where members debate whether the bill should go any further before it is voted on., supporters argued the Schooling Resource StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares. was still not being met because the Commonwealth stayed at 20 per cent while states and territories were not delivering the full remainder.

    Hansard ↗
  5. 21 July 2025

    The bill lapses at the end of Parliament

    Because the bill had not passed beyond the second reading stage, it fell when the Parliament ended and its proposed funding increase did not become law.

    Parliamentary timeline ↗

How did it move through Parliament?

House Senate
Introduced 14 Sept 2023

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 14 Sept 2023

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debateThe stage in Parliament where members debate whether the bill should go any further before it is voted on. 08 Feb 2024

The bill reached this recorded parliamentary step.

Lapsed at end of Parliament 21 July 2025

The bill reached this recorded parliamentary step.

The main case against this bill

The main criticism was that the bill would make the Commonwealth pay more on its own without fixing the real problem critics saw: states and territories still falling short and funding reform needing to be negotiated, not imposed. That case was raised by Coalition senator Sarah Henderson and Labor senator Tony Sheldon, and it appears to have been limited to opponents who said they supported full public school funding in principle.

Criticism focused on funding design and implementation, not opposition to public school funding itself.

Raises federal funding without fixing state shortfalls

Critics argued the bill targeted the wrong problem by pushing the Commonwealth above its current share even though states and territories were still not meeting their own funding responsibilities, risking a bigger federal contribution without solving the underlying shortfall.

Raised by Coalition senator Sarah Henderson Source ↗

Bypasses negotiated reform conditions

Critics said the bill would force a unilateral increase in Commonwealth funding instead of tying extra money to negotiations and reform conditions through the National School Reform AgreementThe agreement critics say should be used to negotiate school funding changes instead of changing the federal share by itself., which they argued was the proper mechanism for lasting school funding change.

Raised by Labor senator Tony Sheldon Source ↗

Recorded votes

Amendments at a glance

Other recorded votes grouped by chamber. Expand a vote to see the party breakdown.

Senate

Defeated

Public-school funding bill fell 26-11

Aye 11 No 26

Defeated 11 to 26. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, and Jacqui Lambie Network.

08 Feb 2024

The motion was defeated 26 to 11, so debate was not cut short and the bill did not advance at this stage.

Party Recorded votes Aye / No
Labor 0 / 20
Greens 10 / 0
Liberal Party 0 / 4
Independent 1 / 0
Jacqui Lambie Network 0 / 2

This list includes amendment votes, procedural votes and votes on the bill itself.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Penny Allman-Payne

Australian Greens • Senator 14 Sept 2023

Allman-Payne supports the bill and says it would force the federal government to lift its share of school funding so government schools can be fully funded to the School Resourcing StandardThe benchmark used here to measure how much funding a school needs and whether governments are paying their expected shares..

Read in Hansard ↗
Lead opposing voice Opposes

Tony Sheldon

Australian Labor Party • Senator 08 Feb 2024

Sheldon opposes the bill.

Read in Hansard ↗
Lead voice Opposes

Sarah Henderson

Liberal Party • Senator 08 Feb 2024

Henderson opposes the bill, saying the government has created a funding shambles and broken its promise on public school funding.

Read in Hansard ↗

All speeches by bloc

Labor

1 speaker · 1 oppose

Coalition

1 speaker · 1 oppose

Greens

1 speaker · 2 contributions · 1 support

Full record

Full chat