Review of decision to cease registration
Under the Regulations a non-government school is required to notify NESA when it ceases to operate or closes as soon as possible but not later than one (1) month after such a change has occurred.
In the event that a non-government school notifies NESA that the school is to close or cease operating or has closed or ceased operating, NESA will recommend to the Minister that a written notice be sent to the school confirming the relevant date of the cessation of the school’s registration.
In the event that NESA is advised that a non-government school has closed or ceased operation, and that advice is not the result of a notification by the school, NESA will appoint an Inspector to investigate. Where the Inspector forms the opinion that the school has ceased operating or has closed, the Inspector will prepare a report that includes a recommendation that the school’s registration be limited, in the case of ceasing operation for less than one (1) year. In the case of the school ceasing operation for at least two (2) years, or closing, the Inspector’s recommendation will be that the school’s registration cease.
The proprietor and/or principal (or equivalent) of the school will be provided with the opportunity to make written comment to the Registration and Accreditation Committee regarding the advice of the Inspector. In considering the Inspector’s report and any written comment from the proprietor and/or principal (or equivalent) of the school, the Registration and Accreditation Committee, under delegation from Board, will determine whether it intends to recommend to the Minister that the school’s registration be limited or cease. Should the Registration and Accreditation Committee make such a determination, the proprietor and/or principal (or equivalent) of the school will be informed in writing. Under these circumstances, the proprietor and/or principal (or equivalent) of the school may seek a review of the Registration and Accreditation Committee’s decision.
The outcome of an internal review is determined by the Board. The review process is undertaken by an Inspector not involved in the initial assessment of the school’s circumstances. The documentation considered by the review includes that submitted previously by the school’s proprietor and/or principal (or equivalent), any additional documentation that the proprietor and/or principal (or equivalent) wishes to have considered, the original Inspector’s advice, the Registration Committee’s intended recommendation and the reasons for that recommendation.
In dealing with an internal review of a recommendation by the Registration Committee to the Minister to limit or cease the registration of a school, the full Board will consider the original Inspector’s advice, any written comments from the proprietor and principal (or equivalent) in relation to the Inspector’s advice, the Registration Committee’s recommendation and reasons for the recommendation, and the internal review report prepared by another Inspector not associated with the original report.
There is no recourse to the Tribunal against a recommendation to limit or cease the registration of a school.