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  3. Requirements for a system of non-government schools
  4. Monitoring provisional registration requirements
  5. Concern about compliance with registration requirements
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Concern about compliance with registration requirements

In relation to registration, an approved authority for a system of non-government schools is responsible for considering any documentation provided by a member school and observations from a monitoring visit to the member school in order to form opinions about compliance with the requirements of the Act. When it is an authority's judgement that there are concerns that the member school might not comply with the requirements, a representative of the approved authority for the registration system should discuss these concerns with the principal (or equivalent) and proprietor (where appropriate) and provide an opportunity to submit further evidence of compliance.

While the approved authority for a system of non-government schools formed under the Education Act may have requirements that apply to member schools that are beyond those of the Act, when making a determination as to whether there are concerns about compliance of a member school, the authority is required to consider only those requirements that relate to the requirements of the Act.

If, following consideration of any further evidence of compliance the member school provides, the approved authority for the system of non-government schools continues to have concerns that the member school may not comply with the requirements of the Education Act in relation to registration, the authority will prepare a report and forward it to the principal (or equivalent) and proprietor (where appropriate). The report must detail those registration requirements with which the authority has concerns that the member school may not comply and advise the member school that the recommendation to be forwarded to the Registration Committee may be that the member school be placed on provisional registration until such time as the situation is resolved.

The principal (or equivalent) and proprietor (where appropriate) should be provided with the opportunity to make written comment directly to the approved authority for the system of non-government schools regarding the report. Following consideration of the report and any written comment from the principal (or equivalent) and proprietor (where appropriate), a further determination will be made as to whether the approved authority intends to make a recommendation to the Registration Committee that the member school be placed on provisional registration.

The principal (or equivalent) and proprietor (where appropriate) will be informed in writing of the intention to recommend that the member school be placed on provisional registration. The principal (or equivalent) and proprietor (where appropriate) may seek an internal review of the approved authority's determination. The internal review will be carried out by the approved authority using persons not involved in the initial assessment of the member school's compliance with the requirements for registration.

If the approved authority for the system of non-government schools, following an internal review conducted by the system, is satisfied that there are concerns as to whether the school is complying with the requirements of the Education Act in relation to registration, the approved authority may recommend to the Registration Committee that the member school be placed on provisional registration. If the Registration Committee is satisfied that there are concerns as to whether the member school is complying with the requirements of the Education Act in relation to registration, the Registration Committee, under delegation, may recommend to the Minister that the member school be placed on provisional registration.

In these circumstances, under the Act, the Minister may issue a certificate of provisional registration for the member school that specifies the period of provisional registration. This may mean that the period of registration of the member school is reduced. If the member school is placed on provisional registration, parents of students at the member school must be notified in writing by the school of the provisional registration status of the member school and the consequences of that registration status.

If, at any time, the requirements of the Education Act in relation to registration are found not to be complied with, the Registration Committee, under delegation, or, following an internal review by an Inspector, the NSW Education Standards Authority Board ('the Board'), will recommend to the Minister that the registration of a member non-government school be cancelled.

Section 53A of the Education Act states that the registration of a non-government school is subject to such conditions relating to the requirements for registration as the Minister may impose (whether at the time the school is registered or at any later time). Any such conditions will be specified in the school’s certificate of registration. The Minister may not impose a condition on the registration of a non-government school unless NESA has made a written recommendation to the Minister that the condition be imposed.

Evidence of compliance

The approved authority for a registration system must have in place a process, based on procedural fairness, for making a recommendation that a member school be placed on provisional registration. This must include a process of internal review by a person or body not substantially involved in making the original recommendation.

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