New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 47

47 Registration requirements for non-government schools

(1) 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,

(a1) the school is financially viable,

(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 a fit and proper person or body,

(b1) policies and procedures for the proper governance of the school are in place,

(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 have the necessary experience and qualifications (having regard to accreditation under the Teacher Accreditation Act 2004 but without limiting such other matters as may be relevant),

(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

(ii) persons who are employed at the school being employed in accordance with Part 2 of the Child Protection (Working with Children) Act 2012 , and

(iii) school policies and procedures that ensure compliance with relevant notification requirements imposed in relation to persons employed at the school by Part 4 of the Children's Guardian Act 2019 and the Child Protection (Working with Children) Act 2012 , and

(iv) maintaining a student enrolment and attendance register,

(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)--

(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 : The rules of the Authority may set out guidelines to assist a non-government school to comply with the requirements for registration set out in section 47.

(2) In deciding whether the requirements for registration will be or are being complied with at or in relation to a non-government school, the Authority or the Minister is to have regard to matters relating to the quality of student learning. Such matters include, but are not limited to, the following--

(a) the standard of teaching of courses of study provided at the school,

(b) student engagement in learning at the school,

(c) any matters identified in a risk assessment conducted by the Authority in relation to the school.

(3) The rules of the Authority may specify matters, in addition to but not inconsistent with the matters referred to in subsection (2), that the Minister may have regard to in determining whether the requirements for registration will be or are being complied with at or in relation to a non-government school.