Australian Capital Territory Consolidated Acts

EDUCATION ACT 2004 - SECT 86

    (1)     This section applies if an application is made under section 85 for provisional registration of a school.

    (2)     Before deciding whether the school should be provisionally registered, the Minister must appoint a panel to report to the Minister on the application.

Note 1     For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2     In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

Note 3     Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

    (3)     If the Minister is satisfied after considering the panel's report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to provisionally register the school.

Note     Section 93 deals with the duration of provisional registration.

    (4)     If the Minister directs the registrar to provisionally register the school, the registrar must provisionally register the school by—

        (a)     entering particulars of the school required under the regulations in the register of non-government schools; and

        (b)     giving the proprietor of the school a certificate of provisional registration for the school.

    (5)     If the Minister is not satisfied after considering the panel's report that the school meets the criteria mentioned in subsection (6), the Minister must direct the registrar to refuse to provisionally register the school.

    (6)     The criteria for provisional registration of a school are that—

        (a)     the proprietor of the school is a corporation; and

        (b)     the school will have appropriate policies, facilities and equipment for—

              (i)     the curriculum to be offered by the school; and

              (ii)     the safety and welfare of its students; and

        (c)     the curriculum (including the framework of the curriculum and the principles on which the curriculum is based) will meet the curriculum requirements for students attending government schools; and

        (d)     the nature and content of the education to be offered at the school will be appropriate for the educational levels for which provisional registration of the school is sought; and

        (e)     the teaching staff will be qualified to teach at the educational levels at which they are to be employed to teach; and

        (f)     the school will have satisfactory processes to monitor quality educational outcomes; and

        (g)     the school will be financially viable.