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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
  6. Conditions of Registration
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Conditions of Registration

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.


NESA may recommend that conditions of registration be imposed when it has been identified that the member school may not be meeting the requirements for registration and NESA is satisfied that the school has the capacity to address the compliance concern.

Typically, recommendations relating to conditions of registration would follow a process where the member school has been provided with the opportunity to address the compliance concern and the school has yet to address that concern to the satisfaction of a NESA Inspector or the approved authority for the system of non-government schools.
If an Inspector or the approved authority for the system of non-government schools decides to recommend that conditions of registration be imposed, the Inspector or the approved authority will prepare a report making a recommendation that specifies the particular condition, the reason for the recommendation and the timeframe associated with the recommended condition. The recommended conditions will respond to, and be commensurate with, the specific nature and extent of the compliance concerns and any risk factors associated with the member school.


The principal (or equivalent) and proprietor (where appropriate) will be given written notice of the report and recommendation.
Where the approved authority for a system of non-government schools is making recommendation that conditions be applied to a member school’s registration, the principal (or equivalent) and proprietor (where appropriate) will be provided with the opportunity to make written comment directly to the approved authority regarding its 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.

Where a NESA Inspector is making recommendation that conditions be applied to a school’s registration, the principal (or equivalent) and proprietor (where appropriate) will be provided with the opportunity to make written comment to the Registration Committee regarding the advice of an Inspector.


Following consideration of the Inspector’s or the approved authority’s advice and any written comment from the principal (or equivalent) and proprietor (where appropriate), the Registration Committee, under delegation, will determine whether it intends to make a recommendation to the Minister that conditions be placed on the school’s registration.
The principal (or equivalent) and proprietor (where appropriate) will be informed in writing of the Registration Committee’s intention to recommend to the Minister that conditions be placed on the school’s registration and that a review of the decision may be sought (refer to section 11.4 of the Manual).


If the Registration Committee or, following an internal review, the Board is satisfied that there are concerns as to whether the school is complying with the requirements of the Education Act in relation to registration, and that the recommended conditions of registration are warranted, the Registration Committee or, following an internal review, the Board may recommend to the Minister that conditions be placed on the school’s registration.

In these circumstances, under the Education Act, the Minister may issue a certificate of registration for the school that specifies the conditions of registration. Whenever conditions are imposed on a school’s registration, it is also a condition of registration that the school publish the conditions of registration using the exact wording specified in the school’s certificate of registration and any associated annexure. NESA may also publish the conditions on its website.


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 from the Board, or, following an internal review, the Board will recommend to the Minister that the registration of a non-government school be cancelled (refer to section 10 of the Manual).

Further details on conditions of registration can be found in the Guidelines for Conditions of Registration ('the Guidelines').

These Guidelines supplement the information in the Manuals by:

  •          identifying when conditions might be applied;
  •          describing the process for NESA to apply conditions; and
  •          providing some examples of conditions that may be considered.

Download the Guidelines

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