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  2. Registered individual non-government schools
  3. Registration requirements
  4. Management and operation of the school
  5. Notifications and disclosures
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Notifications and disclosures

NESA must be notified of certain matters.

  1. The Act requires that any person defined as a 'responsible person' under the Act (and any other person or body exercising similar functions in relation to the management and operation of the school) be a fit and proper person and be able to carry out their responsibilities in relation to the operation of the school. Specifically, the Act requires that NESA be notified if a person defined as a 'responsible person' under the Act:
    • is convicted of an offence that is punishable by imprisonment for twelve (12) months or more

      or

    • becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit

      or

    • if the person is a corporation - is the subject of a winding up order or has had a controller or administrator appointed.

NESA  is also to be notified if the school's proprietor or a 'responsible person' (or other person or body having similar functions as a responsible person in relation to the school) or governing body of the school determines that a 'responsible person' or governing body of the school is not fit and proper.

In the above circumstances the Act requires that a 'responsible person' for the school notify NESA and at least one other 'responsible person' of the circumstances surrounding the conviction, bankruptcy, insolvency, winding up order or appointment of the controller or administrator as soon as practicable after it occurs. Notifications in relation to (1) are subject to the NESA Privacy Management Plan. 

  1. The Act also requires NESA and at least one other 'responsible person' to be notified if a 'responsible person' (or other person or body having similar functions as a responsible person in relation to the school) 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.
  1. The Act requires that the Minister be notified if the school moves or is sold. To comply with this requirement the proprietor and/or principal must notify NESA. Specifically:
    1. if a registered non-government school or part of a school proposes to move to new premises, written notice is to be given by the proprietor and/or the principal of the school to NESA at least three (3) months before relocation. This particularly relates to moving premises and buildings connected with the teaching of courses of study, the amenities for teachers and students participating in those courses of study and boarding facilities provided for students by the school
    2. if the legal entity that owns a registered non-government school is sold, written notice of the sale is to be given by the purchaser to NESA within seven (7) days of the completion of the sale.

For the purposes of this section of the Act, relocation or new premises means any new site where the street address of that site is different to, or in addition to, the street address at which the school is currently registered on the Certificate of Registration.

  1. The Act also makes provision for schools to provide returns to NESA. Specifically, the proprietor or the principal of a registered non-government school must provide returns to NESA concerning the requirements for registration in relation to the school in a form, and at the times, approved by NESA for that purpose. The approved form may require that matters specified in any such return are certified.

To comply with the requirements detailed in (1), (2), (3) and (4) above, such notifications should be forwarded to NESA. Notification related to (1) and (2) above, should be forwarded to the Director, School Registation and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email <schoolrego@nesa.nsw.edu.au>. Notifications related to (3) and (4) above should be made using NESA's online facility, RANGS Online. 

Evidence of compliance

A registered non-government school must demonstrate that processes are in place by which:

  • the proprietor of the school, and, if the proprietor is a corporation, each director, trustee or person concerned in the management of the school
  • each member of the governing body of the school, and
  • the principal

are informed of their responsibilities under the Act, any regulations under the Act and NESA requirements, including any duties of disclosure or notification.

A registered non-government school must provide, and document its process for providing, a return to NESA if, following an investigation by a relevant agency or authority, the school is formally notified in writing by that agency or authority of an alleged breach by the school of any of the following legislation:

  • Ombudsman Act 1974
  • Child Protection (Working with Children) Act 2012
  • Children and Young Persons (Care and Protection) Act 1998
  • 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.

Such notification must be provided to NESA within fourteen (14) working days of the formal notification of an alleged breach. The notification should be forwarded to the Director, School Registation and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email <schoolrego@nesa.nsw.edu.au>. 

A registered non-government school must provide, and document its process for providing, a return to NESA when changes occur to the:

  • management and operation of the school
    • where a notification in relation to a 'responsible person' is required (see sections 3.9.5 (1) and (2) of this Manual), the notification should be forwarded to the Director, School Registation and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email <schoolrego@nesa.nsw.edu.au>
    • commencing from 1 July 2016, where a ‘responsible person’ for the school other than the principal (or equivalent) commences or ceases in the role of a ‘responsible person’, the school must provide an online notification to NESA within twenty-eight (28) days of the change by updating the school’s details on RANGS Online 
    • Where a notification in relation to financial viability is requried (see section 3.9.4 of the Manual), NESA must be notified within one (1) month of such change(s) 
    • where there has been an appointment of a new principal (or equivalent), or a change in the contact details for the school's existing principal (or equivalent), NESA must be notified within one (1) month of such change(s)
    • where there has been a change on the contact name or other contact details for a registered campus, NESA must be notified within one (1) month of such change(s) occurring
    • where the school has been sold, written notice is to be given by the purchaser to NESA within seven (7) days of completion of the sale
    • where the school's proprietor changes for any other reason, written notice is to be given by the new proprietor to NESA within seven (7) days of the change
    • where a school’s existing proprietor changes its name or contact details, NESA must be notified within one (1) month of such change(s) occurring

    • where the school intends to change its name, or the name of a registered campus, NESA must be notified at least one (1) month prior to such change taking effect
    • where there has been a change in the school’s postal address or other contact details, NESA must be notified within one (1) month of such change(s) occurring

    • where the school closes or ceases to operate, NESA must be notified within one (1) month of the change

  • staffing of the school - where there is a turnover of half or more of the teaching staff during any twelve (12) month period, NESA must be notified at the commencement of the next new term
  • curriculum - where the school:
    • increases the scope of its curriculum by teaching one or more courses in a KLA from which it has not previously taught any courses, NESA must be notified within one (1) month of such a change being implemented
    • intends to deliver additional Years of schooling at a registered campus, NESA must be notifiedat least three (3) months prior tothe implementation of such a change

    • intends to decrease the Years of schooling it delivers at its main site or at a registered campus, NESA must be notifiedwithin one (1) month of such a change being implemented

    • intends to deliver all or a significant part of students' courses of study by means of distance education, the school must notify NESA seeking approval at least nine (9) months prior to the implementation of such a change. This excludes situations where a school that does not normally deliver courses by means of distance education provides units of work/activities for a student who has been granted leave by the principal and/or courses of study that its students access through outside tutors or external providers
  • premises and buildings - where the school intends to:
    • add another campus, NESA must be notified at least three (3) months prior to the implementation of such a change
    • move to a new site, NESA must be notified by the principal (or equivalent) and/or proprietor of the school three (3) months prior to the relocation
    • close or cease operating a campus, NESA must be notified within one (1) month of such a change
  • schools with or intending to provide boarding facilities
    • relocate the boarding facilities on the school site or move the facilities to a new site, NESA must be notified by the principal (or equivalent) and/or proprietor of the school three (3) months prior to the relocation
    • where there is a turnover of half or more of the full-time staff with supervisory responsibilities for boarders during any twelve (12) month period, NESA must be notified at the commencement of the new term
    • where the school intends to provide regular overnight accommodation for students at the school, either itself or by contractual arrangement, NESA must be notified at least nine (9) months prior to the intended date of initial provision of such facilities.
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