Northern Territory Numbered Acts

EDUCATION LEGISLATION AMENDMENT ACT 2023 (NO 27 OF 2023) - SECT 11

After section 123, in Part 7, Division 1

insert

123A     Functions of registrar

The registrar has the following functions:

    (a)     to appoint assessors under section 123B and to direct an assessor accordingly;

    (b)     to develop and approve standards for registration of non-Government schools under section 123D;

    (c)     to conduct pre-application assessments under section 128;

    (d)     to approve or refuse applications for registration under section 137;

    (e)     to approve systems of self-assessment under section 145;

    (f)     to authorise special investigations under sections 145B(4) and 147(3);

    (g)     to establish a schedule of routine assessments under section 147(1);

    (h)     to vary, suspend or cancel the registration of non-Government schools under Division 9;

        (i)     to determine reviews of reviewable decisions under section 156B;

    (j)     to maintain a register of non-Government schools under section 157.

123B     Appointment of assessors

    (1)     The registrar may appoint a person to be an assessor.

    (2)     The registrar must not appoint a person to be an assessor unless satisfied the person has the knowledge and skills the registrar considers necessary for an assessor.

    (3)     The appointment of an assessor may be subject to conditions specified by the registrar.

    (4)     Without limiting subsection (3), a condition may provide that an assessor may:

    (a)     conduct initial assessments, routine assessments, special investigations or reviews of applications for registration or variations of registration of non-Government schools generally; or

    (b)     conduct a particular initial assessment, routine assessment, special investigation or review of an application for registration or variation of registration or a particular aspect of an initial assessment, routine assessment, special investigation or review of an application for registration or variation of registration.

    (5)     When performing functions under this Act an assessor must act independently and not as a representative of either of the following:

    (a)     any body of which the assessor is an employee, officer or member;

    (b)     the non-Government education sector.

123C     Code of conduct

    (1)     An assessor must, when performing the assessor's functions under this Act, comply with any code of conduct prescribed for assessors under the Regulations.

    (2)     An assessor commits an offence if the assessor fails to comply with subsection (1).

Maximum penalty:     20 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.

Note for subsection (4)

The defendant has an evidential burden in relation to the matters mentioned (see section 43BU of the Criminal Code).

123D     Standards for registration

    (1)     The registrar may develop and approve standards for registration of non-Government schools.

    (2)     The standards for registration of non-Government schools must be published on the Agency's website.