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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Education Amendment (Non-
Government Schools Registration) Bill
2004
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Education Act 1990 No 8 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Education Amendment (Non-
Government Schools Registration) Bill
2004
Act No , 2004
An Act to amend the Education Act 1990 with respect to the registration
requirements for non-government schools; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Education Amendment (Non-Government Schools Registration) Bill 2004
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Education Amendment (Non-Government Schools
Registration) Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Education Act 1990 No 8
The Education Act 1990 is amended as set out in Schedule 1.
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
distance education means a form of education in which
students and teachers are not regularly in the presence of each
other but communicate with each other in writing, by print or
by electronic or like means.
responsible person for a school means:
(a) the proprietor of the school and, if the proprietor is a
corporation, each director or person concerned in the
management of the school, or
(b) a member of the governing body of the school, or
(c) the principal of the school.
[2] Section 3 (1), definition of "proprietor"
Omit "person". Insert instead "legal entity".
[3] Section 3 (3)
Insert after section 3 (2):
(3) Notes included in this Act do not form part of this Act.
[4] Section 8 Minimum curriculum for primary education
Omit "may (but need not) be taught in accordance with" from
section 8 (1) (f).
Insert instead "are to be based on, and taught in accordance with,".
[5] Section 8 (3) and (4)
Insert after section 8 (2):
(3) If requested to do so by the proprietor of a non-government
school (or, in the case of a school that is a member of a system
of non-government schools, the approved authority for the
system), the Board may approve such modifications to the
syllabus referred to in subsection (1) (f) as it considers
necessary to enable any part of a course of study in a key
learning area that appears to the Board to be incompatible
with the educational philosophy or religious outlook of the
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
school to be based on, and taught compatibly with, that
educational philosophy or religious outlook. The part of the
course of study at that school is to be based on and taught in
accordance with the syllabus as modified.
(4) Any modification approved under subsection (3) must be
consistent with the guidelines referred to in subsection (1) (e).
[6] Section 10 Minimum curriculum for secondary education (Years 7
to 10)
Omit "may (but need not) be taught in accordance with" from section
10 (1) (e).
Insert instead "are to be based on, and taught in accordance with,".
[7] Section 10 (3) and (4)
Insert after section 10 (2):
(3) If requested to do so by the proprietor of a non-government
school (or, in the case of a school that is a member of a system
of non-government schools, the approved authority for the
system), the Board may approve such modifications to the
syllabus referred to in subsection (1) (e) as it considers
necessary to enable any part of a course of study in a key
learning area that appears to the Board to be incompatible
with the educational philosophy or religious outlook of the
school to be based on, and taught compatibly with, that
educational philosophy or religious outlook. The part of the
course of study at that school is to be based on and taught in
accordance with the syllabus as modified.
(4) Any modification approved under subsection (3) must be
consistent with the guidelines referred to in subsection (1) (d).
[8] Section 44 Withdrawal of non-government school from system
Insert after section 44 (3):
(3A) A school that is withdrawn from a system of non-government
schools that proposes to apply for registration as an individual
non-government school must make an application for renewal
of registration within 1 month after ceasing to be a member of
the system.
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
[9] Sections 47 and 47A
Omit section 47. Insert instead:
47 Registration requirements for non-government schools
For the purposes of this Act, the requirements for the
registration of a non-government school are as follows:
(a) if the school is seeking to become registered as an
individual school--the school's proposed proprietor
must be a corporation or other form of legal entity
approved by the Minister,
(b) each responsible person for the school, and any other
person or body having similar functions in relation to
the school as those of such a responsible person, is of
good character,
(c) any refusal to register, or cancellation of registration, of
the school or any other school under section 56 or 59
occurring during the period of 5 years immediately
before the application for registration is made has not
been largely attributable to the actions of a responsible
person or proposed responsible person for the school, or
any other person or body having similar functions in
relation to the management or operation of the school to
those of a responsible person,
(d) teaching staff for the school:
(i) have attained the standard of professional teacher
competence determined by the Minister, or
(ii) are working towards the standard of professional
teacher competence determined by the Minister
and are under the direct, on-site supervision of
teaching staff who have attained the necessary
standard of professional teacher competence,
(e) educational facilities are adequate for the courses of
study provided at the school,
(f) school premises and buildings are satisfactory,
(g) a safe and supportive environment is provided for
students by means that include:
(i) school policies and procedures that make
provision for the welfare of students, and
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
(ii) persons who are employed at the school being
employed in accordance with the Child
Protection (Prohibited Employment) Act 1998,
and
(iii) school policies and procedures that ensure
compliance with relevant notification
requirements imposed in relation to persons
employed at the school by Part 3A of the
Ombudsman Act 1974 and Part 7 of the
Commission for Children and Young People
Act 1998,
(h) school policies relating to discipline of students
attending the school are based on principles of
procedural fairness, and do not permit corporal
punishment of students,
(i) if the school provides boarding facilities, whether itself
or by contractual arrangement--school policies and
procedures that are satisfactory to ensure the safety and
welfare of boarders,
(j) compliance with the requirements set out in Part 3
relating to:
(i) in the case of a school providing primary
education--the minimum curriculum for a school
providing primary education, or
(ii) in the case of a school providing secondary
education for children during Year 7 to Year
10--the minimum curriculum for a school
providing any such secondary education, or
(iii) in the case of a school providing secondary
education for children during Year 11 and Year
12--the curriculum for students who are
candidates for the Higher School Certificate,
(k) school policies and procedures are appropriate to
ensure the personal and social development of students
who are undertaking all or a significant part of their
courses of study by means of distance education,
(l) school policies and procedures ensure its participation
in annual reporting (of a kind determined by the
Minister following consultation with persons
recognised by the Minister as having appropriate
expertise in accountability matters):
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
(i) to publicly disclose the educational and financial
performance measures and policies of the school,
and
(ii) to provide data to the Minister that is relevant to
the Minister's annual report to Parliament on the
effectiveness of schooling in the State.
Note. Section 131 enables the Board to make rules setting out
guidelines to assist a non-government school to comply with the
requirements for registration set out in section 47.
47A Effect of section 47 on certain contracts
The operation of section 47 is not to be regarded as giving rise
to any implication that it is a term of any contract (whether or
not written) between the proprietor of a registered non-
government school and a parent of any child enrolled at the
school that the school comply with the requirements imposed
by or under this Act for registration of non-government
schools or that failure to comply with any such requirement in
itself gives rise to any civil cause of action.
Note. Non-government schools are given protection from civil liability in
tort for breach of a statutory duty (including liability for damages sought
in an action for breach of contract or any other action) under Part 5 of the
Civil Liability Act 2002 by virtue of the Civil Liability Regulation 2003.
[10] Section 49 Application for initial registration of a new non-
government school or a school joining a system
Insert after section 49 (2):
(2A) An application for registration of a new non-government
school must be made not later than 31 March in the calendar
year before the year the proposed proprietor or approved
authority intends to commence operating the school.
[11] Section 52 Initial registration provisional for a maximum period of
12 months
Insert "is provisional and (subject to section 57A)" after "non-government
school" in section 52 (1).
[12] Section 52 (2)
Omit "2 years". Insert instead "12 months".
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
[13] Section 52 (4)(6)
Insert after section 52 (3):
(4) If, at any time before the expiration of the initial period of
registration of a non-government school, the Board is not
satisfied that the requirements for its registration are being
complied with, it may give a written notice under subsection
(5) to the proprietor or principal of the school or, in the case
of a school that is a member of a system of non-government
schools, the approved authority for the system.
(5) The notice:
(a) is to state that the Board will recommend to the Minister
that the period of initial registration be reduced under
section 57A unless the matters specified in the notice
have been addressed, and
(b) may specify the time within which such matters should
be addressed.
(6) A notice may be given under subsection (5) on more than one
occasion.
[14] Section 54A
Insert after section 54:
54A Renewal of registration
(1) The proprietor of a non-government school or, in the case of
a school that is a member of a system of non-government
schools, the approved authority for the system, may apply in
writing to the Minister for the renewal of the registration of
the school.
(2) The application must be made at least 9 months before the
school's existing registration is to expire, or a later date
decided by the Board by written notice given to the proprietor
or approved authority.
(3) The application must include information demonstrating:
(a) whether or not the school continues to satisfy the
requirements for registration under section 47, and
(b) whether or not since the school's registration was
granted or last renewed, the school has complied with
the terms of such registration.
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
[15] Section 57 Duration of renewal of registration
Insert "(subject to section 57A)" after "effect" in section 57 (1).
[16] Section 57 (2)
Omit "6 years". Insert instead "5 years".
[17] Section 57 (3) and (4)
Insert after section 57 (2):
(3) If, at any time before the expiration of the renewal of
registration of a non-government school, the Board is not
satisfied that the requirements for its registration are being
complied with, it may give a written notice under subsection
(4) to the proprietor or principal of the school or, in the case
of a school that is a member of a system of non-government
schools, the approved authority for the system.
(4) The notice:
(a) is to state that the Board will recommend to the Minister
that the period of renewal of registration be reduced
under section 57A unless the matters specified in the
notice have been addressed, and
(b) may specify the time within which such matters should
be addressed.
[18] Section 57A
Insert after section 57:
57A Reduction of period of initial registration or renewal of
registration
(1) The Minister may, on the recommendation of the Board,
reduce the duration of the initial period of registration, or
renewal of registration, of a non-government school by
issuing a further certificate of registration for the school
specifying that the period of registration has been reduced and
that the registration is now to have effect on a provisional
basis for the period specified in the further certificate.
(2) The Minister may do so only if the Minister is not satisfied
that the requirements for registration are being complied with
at the non-government school.
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
(3) The Minister may reduce the duration of the initial period of
registration, or a renewal of registration, of a non-government
school on more than one occasion.
(4) A person who conducts a non-government school that has the
duration of its initial period of registration, or renewal of
registration, reduced under this section must, as soon as
practicable, notify the parents of students at the school in
writing that the period has been reduced and the consequences
of the reduction.
Maximum penalty: 5 penalty units.
[19] Section 60 Notice to be given of relocation of school
Insert at the end of section 60 (4) (b):
, or
(c) the boarding facilities provided for students by the
school.
[20] Section 63A
Insert after section 63:
63A Board to be notified of certain matters
(1) A responsible person for a school, or any other person or body
having similar functions in relation to the school to those of
such a responsible person, who:
(a) is convicted of an offence punishable by imprisonment
for 12 months or more, or
(b) becomes bankrupt, applies to take the benefit of any law
for the relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes an
assignment of his or her remuneration for their benefit,
or
(c) if the person is a corporation--is the subject of a
winding up order or has had a controller or
administrator appointed,
must notify at least one other responsible person or
responsible person for the school, and the Board, of the
circumstances of the conviction, bankruptcy, insolvency,
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
winding up order or appointment as soon as practicable after
it occurs.
Maximum penalty: 5 penalty units.
(2) If a responsible person for a school or other person or body
having similar functions as a responsible person in relation to
the school becomes a mentally incapacitated person, the
following persons must cause notice of the incapacity to be
given to the Board and at least one other responsible person
for the school:
(a) in the case of a responsible person who is a mentally
incapacitated person and becomes a patient at an
institution because of that incapacity--the medical
superintendent of the institution,
(b) in the case of a responsible person who is a mentally
incapacitated person because of being a protected
person under the Protected Estates Act 1983--the
Protective Commissioner.
Maximum penalty: 5 penalty units.
(3) Notice under subsection (2) must be given as soon as
practicable after the responsible person or other person or
body having similar functions to those of a responsible person
is admitted to the institution or becomes a protected person.
(4) For the purposes of this section, notice given to any person
designated by the Board as a designated person for the
purposes of this section in an official notice given to schools
by the Board is taken to be notice given to the Board.
[21] Section 65 Conducting unregistered schools
Omit the penalty. Insert instead:
Maximum penalty: 5 penalty units and, in the case of a
continuing offence, a further penalty not exceeding 5 penalty
units for each day the offence continues.
[22] Section 78 Certificate of exemption
Omit "6 years" from section 78 (3) (a). Insert instead "5 years".
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
[23] Section 87 Duration of accreditation
Omit "for such period (not exceeding 6 years)" from section 87 (1).
Insert instead "(subject to section 87A) for such period, not exceeding 5
years,".
[24] Section 87A
Insert after section 87:
87A Reduction of period of accreditation
(1) If, at any time before the expiration of the accreditation of a
non-government school, the Board is not satisfied that the
requirements of this Act relating to the courses of study to be
undertaken by its candidates for the certificate concerned are
being complied with, it may give a written notice under
subsection (2) to the proprietor or principal of the school or,
in the case of a school that is a member of a system of non-
government schools, the approved authority for the system.
(2) The notice:
(a) is to state that the Board will reduce the period of
accreditation of the school under subsection (3) unless
the matters specified in the notice have been addressed,
and
(b) may specify the time within which such matters should
be addressed.
(3) If a school that receives a notice under subsection (2) fails to
address the matters specified in the notice to the satisfaction
of the Board (within the time, if any, specified in the notice),
the Board may reduce the duration of the accreditation of the
school by issuing a further certificate of accreditation for the
school specifying a reduced period of accreditation.
(4) The Board may reduce the duration of the accreditation of a
school on more than one occasion.
(5) The proprietor or principal of a non-government school that
has its period of accreditation reduced under this section or, in
the case of a school that is a member of a system of non-
government schools, the approved authority for the system
must, as soon as practicable after the period is reduced, notify
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
the parents of students at the school in writing that the period
has been reduced and the consequences of the reduction.
Maximum penalty: 5 penalty units.
[25] Section 93 Conducting school that is not accredited
Insert "and of the consequences for candidates for that Certificate of the
school not being accredited for that purpose" after "purpose" in
section 93 (2).
[26] Section 93
Omit the penalty. Insert instead:
Maximum penalty: 5 penalty units and, in the case of a
continuing offence, a further penalty not exceeding 5 penalty
units for each day the offence continues.
[27] Section 124A
Insert after section 124:
124A Continuing offences
(1) A person who is guilty of an offence because the person
contravenes a requirement by or under this Act or the
regulations (whether the requirement is imposed by a notice
or otherwise) to do or cease to do something (whether or not
within a specified period or before a particular time):
(a) continues, until the requirement is complied with and
despite the fact that any specified period has expired or
time has passed, to be liable to comply with the
requirement, and
(b) is guilty of an offence for each day the contravention
continues.
(2) This section does not apply to an offence if the relevant
provision of this Act or the regulations does not provide for a
penalty for a continuing offence.
(3) This section does not apply to the extent that a requirement of
a notice is revoked.
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Education Amendment (Non-Government Schools Registration) Bill 2004
Schedule 1 Amendments
[28] Section 131 Rules of Board
Insert after section 131 (1):
(1A) Without limiting subsection (1), the rules may set out
guidelines with respect to the requirements for registration
and accreditation set out in Parts 7 and 8.
[29] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Education Amendment (Non-Government Schools
Registration) Act 2004
[30] Schedule 3, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Education Amendment (Non-
Government Schools Registration)
Act 2004
12 Registration of non-government schools
Sections 8, 10 and 47, as in force immediately before the
commencement of Schedule 1 [4], [5], [6], [7] and [9] to the
Education Amendment (Non-Government Schools
Registration) Act 2004, continue to apply to and in respect of
a non-government school that was a registered non-
government school at that commencement for a period of 1
year after the commencement, or for the balance of its current
registration (whichever is the shorter).
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Education Amendment (Non-Government Schools Registration) Bill 2004
Amendments Schedule 1
13 Certificates of registration or accreditation
An amendment made by Schedule 1 [12], [16], [22] or [23] to
the Education Amendment (Non-Government Schools
Registration) Act 2004 does not apply to or in respect of a
certificate of registration or accreditation in force
immediately before the commencement of the amendment.
Page 15
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