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EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2017 - As at 1 February 2024 - Act 24 of 2017

- As at 1 February 2024 - Act 24 of 2017

Table of Provisions

CHAPTER 1 - PRELIMINARY

PART 1 - INTRODUCTION

  • 1 Short title
  • 2 Commencement

PART 2 - OBJECTS

  • 3 Objects of Act

PART 3 - INTERPRETATION

  • 4 Dictionary
  • 5 Meaning of school
  • 6 Meaning of non-State school
  • 7 Meaning of operated for profit
  • 8 Meaning of prohibited arrangement
  • 9 Meaning of director
  • 10 Meaning of meets the government funding eligibility criteria

CHAPTER 2 - ACCREDITATION OF SCHOOLS

PART 1 - ACCREDITATION CRITERIA

  • 11 Prescribing accreditation criteria

PART 2 - ACCREDITATIONS

Division 1 - Preliminary

  • 12 Type of education
  • 13 Mode of delivery of education
  • 14 Special assistance
  • 15 When school must commence operations
  • 16 Duration of accreditation
  • 17 Governing body must be a corporation

Division 2 - Applications for accreditation

Subdivision 1 - Applications
  • 18 Governing body of school may apply for accreditation
  • 19 Procedural requirements for application
  • 20 Board must notify entities of, and publish, application details
  • Subdivision 2 - Deciding applications
  • 21 Deciding application
  • 22 Further information or documents
  • 23 Failure to decide application
  • 24 Extension of time to decide application
  • 25 Steps to be taken after application decided
  • Subdivision 3 - Suitability of school’s governing body
  • 26 Suitability of governing body
  • 27 Investigation
  • 28 Criminal history reports for investigation
  • 29 Report by authorised person

Division 3 - Assessment of schools

  • 30 Initial assessment of school
  • 31 Additional assessment of establishment phase school
  • 32 Assessment when school starts to operate at new site
  • 33 Report by authorised person

PART 3 - CHANGES TO ACCREDITATION

Division 1 - Changes to student-intake days

  • 34 Definition for division
  • 35 Application to change relevant student-intake day
  • 36 Deciding application
  • 37 Further information or documents
  • 38 Failure to decide application

Division 2 - Changes to attributes of accreditation

Subdivision 1 - Applications to change attributes of accreditation
  • 39 Application to change attribute of accreditation
  • 40 Deciding application
  • 41 Further information or documents
  • 42 Failure to decide application
  • 43 Extension of time to decide application
  • 44 Failure to effect change of attribute of accreditation before change day
  • 45 Proposed governing body taken to have applied to be eligible for government funding
  • Subdivision 2 - Notice of attribute of accreditation no longer applying
  • 46 Notice of attribute of accreditation no longer applying

PART 4 - SPECIAL ASSISTANCE SCHOOLS—USE OF TEMPORARY SITES

  • 47 Purpose of part
  • 48 Definitions for part
  • 49 Compliance with temporary site criteria
  • 50 Notification of intention to use, or stop using, temporary site
  • 51 Use of temporary site is not a change in attribute etc.
  • 52 Assessment of special assistance school using temporary site
  • 53 Report by authorised person

PART 5 - AMALGAMATIONS AND DIVISIONS OF ACCREDITED SCHOOLS

Division 1 - Application of part

  • 54 Part does not apply for particular schools

Division 2 - Amalgamation of accredited schools

  • 55 Application of division
  • 56 Notice of intention to amalgamate schools
  • 57 Decision about amalgamation of school

Division 3 - Division of accredited schools

  • 58 Application of division
  • 59 Notice of intention to divide accredited school
  • 60 Decision about division of accredited school

Division 4 - Deemed eligibility for government funding

  • 61 Deemed eligibility for government funding

PART 6 - AMENDMENT, CANCELLATION AND SURRENDER OF ACCREDITATIONS

Division 1 - Giving compliance notices

  • 62 Compliance notice
  • 63 Report by authorised person

Division 2 - Amendment and cancellation of accreditations

  • 64 Definition for division
  • 65 Grounds for amendment
  • 66 Grounds for cancellation
  • 67 Show cause notice
  • 68 Considering representations about show cause notice
  • 69 Ending show cause process without further action
  • 70 Amendment
  • 71 Cancellation
  • 72 Report by authorised person

Division 3 - Surrender of accreditations

  • 73 Surrender

PART 7 - OFFENCES

  • 74 Operating a school without accreditation
  • 75 Operating an accredited school before its student-intake day
  • 76 Claim about accreditation of school

CHAPTER 3 - ELIGIBILITY FOR GOVERNMENT FUNDING

PART 1 - PRELIMINARY

  • 77 Eligibility for government funding

PART 2 - APPLICATIONS FOR ELIGIBILITY FOR GOVERNMENT FUNDING

  • 78 Governing body of school may apply for eligibility for government funding
  • 79 Deemed applications for eligibility for government funding
  • 80 Decision about governing body’s eligibility for government funding
  • 81 Further information or documents
  • 82 Failure to decide application
  • 83 Extension of time to decide application
  • 84 Steps to be taken after decision
  • 85 Report by authorised person

PART 3 - WITHDRAWAL OF ELIGIBILITY FOR GOVERNMENT FUNDING

Division 1 - Application of part

  • 86 Application of part

Division 2 - Giving compliance notices

  • 87 Compliance notice
  • 88 Report by authorised person

Division 3 - Withdrawal of eligibility for government funding after show cause process

  • 89 Grounds for withdrawal of eligibility for government funding
  • 90 Show cause notice
  • 91 Representations about show cause notice
  • 92 Ending show cause process without further action
  • 93 Decision by board
  • 94 Report by authorised person
  • 95 Effect of withdrawal of eligibility for government funding

Division 4 - Automatic withdrawal of eligibility for government funding

  • 96 Effect of cancellation of accreditation

CHAPTER 4 - GENERAL ADMINISTRATION

PART 1 - NON-STATE SCHOOLS ACCREDITATION BOARD

Division 1 - Establishment

Division 2 - Functions and powers

  • 100 Functions of board
  • 101 Powers of board

Division 3 - Membership

  • 102 Membership of board
  • 103 Nominee of ISQ or QCEC
  • 104 Term of appointment
  • 105 Conditions of appointment
  • 106 Chairperson
  • 107 Deputy chairperson
  • 108 Disqualification as member
  • 109 Vacancy in office
  • 110 Resignation
  • 111 Leave of absence

Division 4 - Criminal history

  • 112 Criminal history report
  • 113 Changes in criminal history must be disclosed

Division 5 - Business and meetings

  • 114 Conduct of business
  • 115 Time and place of meetings
  • 116 Quorum
  • 117 Conduct of meetings
  • 118 Attendance by proxy
  • 119 Disclosure of interest

Division 6 - Administrative support of board

  • 120 Administrative support

Division 7 - Interaction between Minister and board

  • 121 Minister may refer matter to board
  • 122 Minister may ask board to reassess governing body’s eligibility for government funding
  • 123 Minister’s power to give directions in the public interest
  • 124 Minister may require information or documents
  • 125 Notice to Minister about action taken in relation to a grammar school

Division 8 - Register of accredited schools

  • 126 Register to be kept
  • 127 Inspection of register

Division 9 - Information sharing arrangements

  • 128 Board may enter into information sharing arrangement

PART 2 - AUTHORISED PERSONS

Division 1 - Functions and appointment

  • 129 Functions of authorised persons
  • 130 Appointment and qualifications
  • 131 Appointment conditions
  • 132 When office ends
  • 133 Resignation

Division 2 - Identity cards

  • 134 Issue of identity card
  • 135 Production or display of identity card
  • 136 Return of identity card

Division 3 - Entry of places by authorised persons

Subdivision 1 - Power to enter accredited school’s premises
  • 137 Power to enter accredited school’s premises
  • 138 Notice of entry
  • Subdivision 2 - Power to enter places other than accredited school’s premises
  • 139 Power to enter places other than accredited school’s premises
  • Subdivision 3 - Entry by consent
  • 140 Obtaining consent of occupier
  • 141 Incidental entry to ask for access
  • 142 Matters authorised person must tell occupier
  • 143 Consent acknowledgement
  • Subdivision 4 - Entry under warrant
  • 144 Application for warrant
  • 145 Issue of warrant
  • 146 Electronic application
  • 147 Additional procedure if electronic application
  • 148 Defect in relation to a warrant
  • 149 Entry procedure

Division 4 - General powers after entry

  • 150 Application of division
  • 151 General powers
  • 152 Power to require reasonable help
  • 153 Offence to contravene help requirement

Division 5 - Power to require information

  • 154 Power to require information
  • 155 Offence to contravene information requirement
  • 156 Custody of document given to authorised person

Division 6 - Seizure by authorised persons and forfeiture

Subdivision 1 - Power to seize
  • 157 Seizing evidence at a place that may be entered without consent or warrant
  • 158 Seizing evidence at a place that may be entered only with consent or warrant
  • Subdivision 2 - Powers to support seizure
  • 159 Power to secure seized thing
  • 160 Offence to interfere
  • Subdivision 3 - Safeguards for seized things
  • 161 Receipt for seized thing
  • 162 Access to seized things
  • 163 Return of seized thing
  • Subdivision 4 - Forfeiture
  • 164 Forfeiture of seized things
  • 165 Dealing with forfeited things

PART 3 - REVIEWS AND PROCEEDINGS

  • 166 Who may apply for review
  • 167 Summary proceedings for offences

CHAPTER 5 - MISCELLANEOUS

  • 168 School survey data
  • 169 Notification of change in circumstances
  • 170 Periodic demonstration of compliance
  • 171 Periodic demonstration of eligibility for government funding
  • 172 Disclosure of details of indictable offence
  • 173 Protection from civil liability
  • 174 Publication of information identifying school operating without accreditation
  • 175 False or misleading information or documents
  • 176 Confidentiality of information
  • 177 Impersonating authorised person
  • 178 Approval of forms
  • 179 Regulation-making power

CHAPTER 6 - REPEAL AND TRANSITIONAL PROVISIONS

PART 1 - REPEAL

PART 2 - TRANSITIONAL PROVISIONS

  • 181 Definitions for part
  • 182 Continuation of things done by or in relation to previous board
  • 183 Applications for accreditation made but not decided
  • 184 Applications for government funding made but not decided
  • 185 Continuation of accreditations under repealed Act
  • 186 Governing bodies taken to be eligible for government funding
  • 187 Effect of provisional accreditations under repealed Act
  • 188 Assessment of provisionally accredited schools if initial assessment not started under repealed Act
  • 189 Assessment of provisionally accredited schools if further assessment not started under repealed Act
  • 190 Assessment of provisionally accredited schools if initial or further assessment started under repealed Act
  • 191 Compliance notices not complied with at commencement
  • 192 Show cause processes about accreditation not finally dealt with
  • 193 Show cause process about eligibility for government funding not finally dealt with
  • 194 Reviews of funding decisions not finally dealt with
  • 195 Reviews of other decisions not finally dealt with
  • 196 Effect of information notices given under repealed Act
  • 197 Ineligible company
  • 198. (Repealed)

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