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Management and operation of the school

Who is a 'responsible person'?

The Act defines a 'responsible person' as:

(a) the proprietor of the school, and if the proprietor is a corporation, each director or person concerned in the management of the school, or

(b) a member of the governing body of the school, or

(c) the principal of the school.

When must a non-government school notify NESA?

NESA must be notified if a 'responsible person' is:

  • convicted of an offence that is punishable for twelve (12) months or more, or
  • becomes bankrupt, or applies to take the benefit of any law for the relief of bankrupt or insolvency debtors, compounds with his/her creditors or makes an assignment of his or her remuneration, or
  • if the person is a corporation -  is the subject of a winding up order or has had a controller or administrator appointed.

NESA must also be notified if a 'responsible person' becomes a mentally incapacitated person and becomes:

  • a patient at an institution because of that incapacity, or
  • a protected person under the NSW Trustee and Guardian Act 2009.

NESA must be notified if the school is formally notified in writing that, following an investigation by the relevant agency or authority, the school is considered by that agency or authority to be in breach of any of the following legislation:

  • Ombudsman Act 1974
  • Child Protection (Working with Children) Act 2012
  • Teacher Accreditation Act 2004
  • Disability Discrimination Act 1992
  • Work Health and Safety Act 2011
  • Environmental Planning and Assessment Act 1979
  • Food Act 2003
  • Explosives Act 2003
  • Building Code of Australia.

NESA must also be notified if there are changes to the management and operation of the school, staffing of the school, curriculum, premises and buildings and schools with or intending to provide boarding facilities. The specific circumstances and time frame for such notifications are detailed in Section 3.9 of the Registered and Accredited Individual Non-government Schools (NSW) Manual and in Sections 4.6 and 5.9 of the Registration Systems and Member Non-government Schools (NSW) Manual.

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