Concern about the monitoring procedures of a registration system
In relation to a system of non-government schools it is the responsibility of NESA to provide advice to the Minister in connection with the exercise of the Minister's functions. In providing such advice, Inspectors from NESA consider any documentation provided by the approved authority for the system of non-government schools and observations from visits to member school(s) in order to form opinions about the registration system's compliance with the requirements of the Education Act 1990 in relation to monitoring the registration and (if appropriate) the accreditation requirements.
When it is an Inspector's judgement that there are concerns that the system may not comply with the requirements of the Act, the Inspector should discuss these concerns with the approved authority's representative and provide an opportunity for the approved authority to provide further evidence of compliance.
If, following consideration of any further evidence of compliance the approved authority for the system of non-government schools provides, the Inspector continues to have concerns that the system may not comply with requirements of the Act in relation to monitoring the registration and (if appropriate) the accreditation requirements, the Inspector will prepare a report to be submitted to the Registration Committee that includes advice that approval to operate as a registration system be withdrawn.
Where advice is provided by the Inspector to the Registration Committee to withdraw the approval of a system of non-government schools, the Registration Committee, under delegation, should give written notice to the approved authority for the system of non-government schools detailing those areas with which, in the opinion of the Inspector, there are concerns that the system may not comply.
The approved authority's representative should be provided with the opportunity to make written comment directly to the Registration Committee regarding the advice of the Inspector. Following consideration of the Inspector's advice, and any written comment from the representative of the approved authority for the registration system, the Registration Committee, under delegation, will determine whether it intends to make a recommendation to the Minister that approval of the system be withdrawn.
The approved authority will be informed in writing of the Registration Committee's intention to recommend to the Minister that approval of the registration system be withdrawn. An internal review of this decision may be requested by the approved authority.
If the Registration Committee or, following an internal review, the Board, is satisfied that the registration system is not complying with the requirements of the Education Act, the Registration Committee , under delegation, or the Board may recommend to the Minister that approval of the system be withdrawn.
There is no recourse to the Tribunal against the recommendations made by the Registration Committee, under delegation, or the Board, following an internal review, or in relation to a decision by the Minister to refuse or withdraw approval of a system of non-government schools.