1. Home
  2. Registration systems and member schools
  3. Member Schools
  4. Registration requirements for member schools
  5. Management and operation of the school
  6. Notifications and disclosures
Print this page Reduce font size Increase font size

Notifications and disclosures

The Authority 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 the Authority 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 insolvency 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.

The Authority is also to be notified by the approved authority for a system of non-government schools if the proprietor, a ‘responsible person’ or governing body of a member 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 the Authority 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 Authoirty's Privacy Management Plan. There is no notification requirement for the above if the person concerned ceases to be a 'responsible person'.

(2) The Act also requires the Authority and at least one other 'responsible person' to 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.

Notifications in relation to (2) are subject to the Authority Privacy Management Plan. There is no notification requirement for the above if the person concerned takes leave from the position or ceases to hold the position.

(3) 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 the Authority. Specifically:

(a) 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 the Authority 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

(b) 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 the Authority within seven (7) days of the completion of the sale.

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

To comply with the requirements detailed in (1), (2), (3) and (4) above, such notification should be forwarded to the approved authority for the system who will notify the Authority.

Evidence of compliance

An approved authority for a registration system must have in place documented processes of notification and disclosure for member schools by which the system can provide returns to the Authority to meet the requirements of the Act.

Print this page Reduce font size Increase font size