Australian Capital Territory Consolidated Acts

EDUCATION ACT 2004 - SECT 84

    (1)     In deciding whether to give in-principle approval for the provisional registration of a school, the Minister must have regard to—

        (a)     whether the proposed school would undermine the viability of existing schools; and

        (b)     whether there is, or is likely to be, demand in the community for the proposed school, including—

              (i)     any increase, or likely increase, in the number of school-age children in the area where the school is to be located; and

              (ii)     the level of registration of interest shown by the community for the proposed school.

    (2)     In deciding whether to give in-principle approval for the registration of a school at an additional campus, the Minister must have regard to—

        (a)     whether the provision of the additional campus by the school would undermine the viability of other existing schools; and

        (b)     the demand for the additional campus, including the level of registration of interest shown by the community for the proposed provision of the additional campus by the school.

    (3)     In deciding whether to give in-principle approval for the registration of a school at an additional educational level, the Minister must have regard to—

        (a)     whether the provision of the additional educational level by the school would undermine the viability of other existing schools; and

        (b)     the demand for the additional educational level, including the level of registration of interest shown by the community for the proposed provision of the additional educational level by the school.

    (4)     If the Minister is satisfied after considering the application, and after having regard to any comments made under section 83 (6) and the matters mentioned in subsection (1), (2) or (3), that in-principle approval should be given for the proposed registration, the Minister must, by written notice, give the person in-principle approval for the proposed application.

    (5)     If the Minister is not satisfied after considering the application, and after having regard to any comments made under section 83 (6) and the matters mentioned in subsection (1), (2) or (3), that in-principle approval should be given for the proposed registration, the Minister must, by written notice, refuse to give the person in-principle approval for the proposed application.

    (6)     A notice under subsection (4) or (5) must state the Minister's reasons for giving or refusing to give in-principle approval for the proposed registration.

    (7)     The chief executive must make a copy of the Minister's reasons available for inspection by members of the public at the chief executive's office during ordinary business hours.

    (8)     An in-principle approval lapses on whichever of the following is later:

        (a)     2 years after the day it is given;

        (b)     the proposed opening day.