SCHOOL EDUCATION ACT 1999 - SECT 160
SCHOOL EDUCATION ACT 1999 - SECT 160
160 . Determining applications for registration and renewal of registration
(1) The chief
executive officer, on an application under section 158, is to register an
establishment as a non-government school if satisfied that —
(a) the
governing body of the school is the person or body that has the ownership,
management or control of the school; and
(b) the
constitution of the governing body of the school is satisfactory for the
purposes of this Act; and
(c) each
member of the governing body of the school is a fit and proper person to
operate a school having regard to —
(i)
the prior conduct, whether in Western Australia or
elsewhere, of the member, or any person who, as described in subsection (5),
is related to the member; and
(ii)
any other matter the chief executive officer considers
relevant;
and
(d) the
school will observe any standards determined by the Minister under
section 159; and
(e) the
day-to-day management and control of the school by the principal will be
separate from the overall governance of the school by its governing body; and
(f) the
governing body of the school will be accountable for the following —
(i)
development and implementation of an effective strategic
direction for the school;
(ii)
development and implementation of effective processes to
plan for, monitor and achieve improvements in student learning;
(iii)
effective management of the school’s financial
resources in accordance, where relevant, with any purposes for which they were
provided;
(iv)
compliance with all written and other laws that apply to
and in respect of the school and the operation of the school;
and
(g) the
school will provide a satisfactory standard of education of the kind for which
registration is sought; and
(h) the
school will provide satisfactory levels of care for the children concerned;
and
(i)
there has been no material change to the information
provided under section 157A in relation to the advance determination about the
proposal to establish the school.
(2) The chief
executive officer, on an application under section 159A, is to renew the
registration of a school if satisfied as to the matters referred to in
subsection (1).
(3) Past and current
compliance with a matter referred to in subsection (1) may be taken into
account, where relevant, for the purposes of being satisfied as to the matter
under this Act.
(4) If the chief
executive officer is not satisfied as required under subsection (1) or (2),
the chief executive officer is to —
(a)
register, or renew the registration of, the school, as is relevant and —
(i)
give a quality improvement notice; or
(ii)
impose, or change, a condition; or
(iii)
give a direction;
or
(b)
refuse to register, or renew the registration of, the school, as is relevant.
(5) For the purposes
of subsection (1)(c)(i), a person is related to a member if —
(a) one
is an employer or employee of the other; or
(b) they
are partners in a partnership; or
(c) one
is a body corporate and the other —
(i)
is a director or a member of the governing body of the
body corporate; or
(ii)
is otherwise involved in the control or management of the
body corporate; or
(iii)
has a legal or equitable interest in 5% or more of the
share capital of the body corporate;
or
(d) one
is the trustee or beneficiary of a trust of which the other is also a trustee
or beneficiary; or
(e) they
are associated or related in a manner prescribed by the regulations; or
(f) a
chain of relationships can be traced between them under one or more of the
preceding paragraphs.
[Section 160 inserted: No. 28 of 2014 s. 8.]