Compliance Concerns
Issues in relation to the registration of non-government schools under the Education Act 1990 ('the Act') fall into three broad categories:
- Areas of improvement: the school is substantively compliant with the requirements under the Act but has not demonstrated that it meets all the evidentiary criteria under one or more registration requirements.
- Concerns about compliance: the school has not satisfied NESA that it complies with one or more registration requirements.
- Non-compliance: NESA is satisfied that the school is in breach of one or more registration requirements under the Act.
The decision or remedies available to the Minister and/or NESA in dealing with these issues follow.
Areas of Improvement
The school will be subject to monitoring visit(s) until the necessary improvements are evident. There is no avenue of appeal against this NESA decision.
If the school fails to improve, the issues will be escalated to concerns about compliance.
Concerns about compliance
If the school is seeking renewal of registration it will be placed on a period of extended registration within which the concerns must be addressed. There is no avenue of appeal against this NESA recommendation and Ministerial decision.
If the concerns arise during its registration period prior to renewal being sought, the school may have its period of registration reduced. The school may request an internal review of the NESA recommendation but not the subsequent Ministerial decison. There is no avenue of external appeal (that is, to the Tribunal) against either the NESA recommendation or the Minister's decision.
If the school fails to address concerns, the school may be placed on a further period of extended registration (if it is genuinely attempting to address the concerns but requires more time) or, if the school is unresponsive, the issues will be escalated to non-compliance.
Non-compliance
If the school is seeking renewal of registration and is found to be non-compliant then NESA will recommend refusal of registration. If the school is found to be non-compliant at any other time, NESA will recommend the cancellation of the school's registration. These decisions are subject to internal review and external appeal. The Minister's subsequent decisions are not subject to external appeal.
Advice from NESA to the Minister
The Minister is required to obtain advice from NESA in relation to registration decisions invloving individual non-government schools.
The Minister may only vary (reduce or extend) a school's period of registration or cancel a school's registration upon a NESA recommendation to that effect.
The Minister may only refuse a school's application for initial or renewal of registration after having considered, but not necessarily having followed, the NESA recommendation.