EDUCATION ACT 1990 - SECT 61 Cancellation of registration of relocated schools

EDUCATION ACT 1990 - SECT 61

61 Cancellation of registration of relocated schools

(1) The Minister may, on the recommendation of the Authority, cancel the registration of a non-government school that has been relocated or partially relocated by written notice 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, to the approved authority for the system.

(2) The Minister may not do so unless the Minister is satisfied that the requirements for, or the conditions of, registration (relating to the premises, buildings and facilities of the school) will not be complied with at the school.

(3) The registration of a non-government school may not be cancelled under this section after the school has been relocated or partially relocated for more than 12 months.

(4) The Minister may not cancel the registration of a non-government school under this section unless written notice of the Authority's recommendation has been given 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, to the approved authority for the system and--

(a) 30 days have elapsed since the giving of that notice, during which time no application has been made to the Tribunal for an administrative review of the Authority's recommendation, or

(b) the Tribunal has determined an application for an administrative review (made within those 30 days) of the recommendation and the Minister has considered any contrary recommendation of the Tribunal and the reasons for it, or

(c) any such application for an administrative review of the recommendation has been withdrawn.

(5) The Minister may not cancel the registration of a non-government school under this section the whole or part of which has been relocated because--

(a) the school has been damaged, or

(b) access to the school or part of the school has been cut off,

by any event that was neither contemplated nor reasonably foreseeable by the proprietor or principal of the school.