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  4. Registration requirements for member schools
  5. Management and operation of the school
  6. Notifications and disclosures
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Notifications and disclosures

NESA must be notified of certain matters.

(1) The Education Act requires that any person defined as a 'responsible person' under the Education Act (and any other person having similar functions in relation to the management and operation of the school) be a fit and proper person and be able to carry out their responsibilities in relation to the operation of the school.

Specifically, the Education Act requires that NESA be notified if a person defined as a 'responsible person' under the Education Act (and any other person having similar functions in relation to those of such a responsible person):

  • is convicted of an offence that is punishable by imprisonment for twelve (12) months or more
  • becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvency debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit
  • if the person is a corporation - is the subject of a winding up order or has had a controller or administrator appointed.

NESA is also to be notified by the approved authority for a system of non-government schools if the proprietor, a ‘responsible person’ (or other person or body having similar functions as a ‘responsible person’ in relation to the school) or governing body of a member school determines that a ‘responsible person’ or governing body of the school is not fit and proper.

In the above circumstances the Education Act requires that a 'responsible person' for the school notify NESA and at least one other 'responsible person' of the circumstances surrounding the conviction, bankruptcy, insolvency, winding up order or appointment of the controller or administrator as soon as practicable after it occurs. Notifications in relation to (1) are subject to the NESA Privacy Management Plan. There is no notification requirement for the above if the person concerned ceases to be a 'responsible person'.

(2) The Education Act also requires NESA and at least one other 'responsible person' to be notified if a 'responsible person' (or other person or body having similar functions as a 'responsible person' in relation to the school) becomes a mentally incapacitated person and becomes:

  • a patient at an institution because of that incapacity
  • a protected person under the NSW Trustee and Guardian Act 2009.

Notifications in relation to (2) are subject to the NESA Privacy Management Plan.

(3) The Education Act requires that the Minister be notified if the school moves or is sold. To comply with this requirement the proprietor and/or principal must notify NESA. Specifically:

(a) if a registered non-government school or part of a school proposes to move to new premises, written notice is to be given by the proprietor and/or the principal of the school to NESA at least three (3) months before relocation. This particularly relates to moving premises and buildings connected with the teaching of courses of study, the amenities for teachers and students participating in those courses of study and boarding facilities provided for students by the school

(b) if the legal entity that owns a registered non-government school is sold, written notice of the sale is to be given by the purchaser to NESA within seven (7) days of the completion of the sale.

For the purposes of this section of the Education Act, relocation or new premises means any site where the street address of that site is different to, or in addition to, the street address at which the school is currently registered on the Certificate of Registration.

(4) The Education Act also makes provision for schools to provide returns to NESA Specifically, the proprietor or the principal of a registered non-government school must provide returns to NESA concerning the requirements for registration in relation to the school in a form, and at the times, approved by NESA for that purpose. The approved form may require that the matters spcified in any such return are certified.

To comply with the requirements detailed in (1), (2), (3) and (4) above, such notification should be forwarded to the approved authority for the system who will notify NESA. Notifications related to (1) and (2) above should be forwarded to the Director, School Registration and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email (schoolrego@nesa.nsw.edu.au). Notifications related to (3) and (4) above should be made by using NESA's online facility RANGS Online.

Evidence of compliance

An approved authority for a registration system must have in place documented processes of notification and disclosure for member schools by which the system can provide returns to NESA to meet the requirements of the Education Act.

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