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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.]