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  4. Provisional registration requirements for member schools
  5. Management and operation of the school
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Management and operation of the school

The Education Act 1990 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

(b) members of the governing body of the school

(c) the principal of the school.

Where the proprietor of a school is a corporation, persons in the management of the school may include trustees.

The management and operation requirements relate to:

  • 'responsible persons' being a fit and proper person
  • actions of 'responsible persons'
  • policies and procedures for proper governance
  • financial viability
  • notifications and disclosures.

Fit and proper person requirement for 'responsible persons'

Each person defined under the Act as a 'responsible person', and any other person or body exercising similar functions in relation to the school as those of a 'responsible person', will be a fit and proper person.

Evidence of capacity to comply

  • provide assurance that each person defined under the Education Act as a ‘responsible person’, and any other person or body exercising similar functions in relation to the school as those of a responsible person, will be a fit or proper person or body as specified in section 5.9.1 of the Manual
  • demonstrate that it has policies and procedures in place in relation to the requirement for the school’s ‘responsible persons’ and governing body to be fit and proper with specific reference to each ‘responsible person’ for the school signing a fit and proper statutory declaration prior to commencing as a ‘responsible person’ for the school and at least on an annual basis while the person continues to be a ‘responsible person’ for the school

Actions of 'responsible persons'

Any refusal to register, or cancellation of registration, of the school or any other school under Sections 56 or 59 occurring during the period of five (5) years immediately before the application for registration is made, has not been largely attributable to the actions of

  • a 'responsible person' for the school or proposed responsible person, or
  • any other person or body exercising similar functions in relation to the management or operation of the school to those of a 'responsible person'.

Evidence of capacity to comply

A proposed non-government school must:

  • provide assurance to NESA that any refusal to register, or cancellation of registration, under Section 56 or 59, within five (5) years immediately prior to the lodgement of the application for registration has not been largely attributable to the actions of a responsible person for the school or proposed responsible person, or any other person or body exercising similar functions in relation to the management or operation of the school
  • have in place documented processes by which the proprietor of the proposed school or, if the proprietor is a corporation, each director concerned in the management of the proposed school, each member of the governing body of the proposed school, and the principal will be informed of their responsibilities under the Act and any amendments to the Act, NESA requirements and any Regulations under the Act.

Governance

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

Evidence of capacity to comply

A proposed non-government school must:

  • demonstrate that it has policies and procedures in place to ensure the proper governance of the proposed school including the policies and procedures specified in sections 5.9.3.1 to 5.9.3.6 of the Manual relating to:

    • a school charter or document identifying the governance structure, the respective authority of each role, a delegations schedule, maintenance of governance decisions and a code of conduct for ‘responsible persons’
    • conflict of interest
    • related party transactions
    • professional learning and induction for ‘responsible persons’ as defined by the Education Act
    • external independent attestation audit of annual financial statements
  • have in place processes for maintaining details of the proposed school’s ‘responsible persons’, for maintaining the currency of this information and for retaining this information for a period of seven (7) years from each update before archiving or disposing.

Financial viability

A registered non-government school must be financially viable.

Evidence of compliance

A proposed non-government school must demonstrate financial viability a specified in section 5.9.4 of the Manual.

Notifications and disclosures

The Authority must be notified of certain matters.

Evidence of capacity to comply

A proposed non-government school must:

  • have in place processes by which NESA will be notified if the school moves or is sold
  • have in place processes by which returns are made to NESA when specific changes occur to the school. (See section  5.9.5 of the Registration Systems and Member Non-government Schools (NSW) Manual.)
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