Australian Capital Territory Consolidated Acts

EDUCATION ACT 2004 - SECT 88

    (1)     This section applies if an application is made under section 87 for registration of a school.

    (2)     Before deciding whether the school should be 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 register the school for a stated period of not longer than 5 years.

    (4)     If the Minister directs the registrar to register the school, the registrar must 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 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 register the school.

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

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

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

              (i)     the curriculum 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) meets the curriculum requirements for students attending government schools; and

        (d)     the nature and content of the education offered at the school are appropriate for the educational levels for which the school is provisionally registered; and

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

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

        (g)     the school is financially viable.