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  5. Governance
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Governance

A registered non-government school must have policies and procedures for the proper governance of the school in place.

This requirement provides for policies and procedures for the proper governance of the school to be in place. The ‘responsible persons' for a non-government school, as defined by the Education Act, are accountable for proper governance of the school and for meeting this requirement.

A school's proprietor and, if the proprietor is a corporation, each director or person concerned in the management of the school, members of the school's governing body, the school's principal and any other person or body exercising a function in relation to the management of the school are considered under the Education Act to be ‘responsible persons' for the school.

Proper governance requires the ‘responsible persons' for a school to have in place structures, policies and procedures for governance, leadership, authority, decision making, accountability and transparency.

In general terms, the requisite policies and procedures for proper governance must be consistent with properly accepted community norms for school governance. A number of widely accepted standards and authorities exist in this regard, such as the Australian Securities and Investments Commission (ASIC) and the Australian Securities Exchange.

The operate for profit provisions of the Education Act may also be relevant as will, for the vast majority of schools not operating for profit, the requirements of the Australian Charities and Not-for-profits Commission (‘ACNC').

Whilst there are commonly accepted features of proper governance, the specific governance structures, policies and procedures a particular non-government school has in place for proper governance will vary according to the context and philosophy of the school. The policies and procedures will also vary according to the governance structure of the school and the authority, delegated by the school's proprietor to governing bodies or positions within the school, for example the authority delegated to a school council, school principal and/or school executive. 

In assessing a school's compliance with this requirement, NESA will have regard to whether, within the totality of the school's policies and procedures, there are provisions for the matters specified as minimum requirements in the following areas:

 

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