Definition of a school
The Education Act 1990 defines a non-government school as a school, other than a government school, registered under Part 7 of the Act.
A registered non-government school:
- has as its major activity the provision of education, either primary or secondary (or both) or of a kind, or for children of a kind, prescribed by the Regulations
- is responsible for an educational program based on NESA syllabuses if registered only, or NESA curriculum and assessment requirements if registered and accredited
- has a principal (or equivalent) responsible for its day-to-day operation.
The Act requires that registered schools meet the requirements for registration even if a Certificate of Exemption from registration is granted under Section 75 of the Act.
Applicants for initial registration of a proposed new school must demonstrate the capacity to comply with the requirements of provisional registration.
The term 'school' includes institutions registered for the compulsory years of schooling, institutions granted exemption from registration, and those institutions registered for post-compulsory years, or granted exemption from registration, provided that the institution is accredited to offer courses that lead to the award of the Record of School Achievement or Higher School Certificate.
The term 'school' does not include preschools, long day-care centres, pre-primary classes in or attached to schools, referral centres for short-term remediation, senior technical colleges, evening colleges, continuation classes and institutions such as business or coaching colleges and community languages schools. This does not preclude locating such facilities on registered non-government school premises.