Northern Territory Numbered Acts

EDUCATION LEGISLATION AMENDMENT ACT 2023 (NO 27 OF 2023) - SECT 30

Section 155

repeal, insert

155     Variation, suspension or cancellation for breach of registration requirement or condition of registration

Subject to this Division, if the registrar is satisfied that a breach of a registration requirement or a condition of the registration has occurred in relation to a registered non-Government school, the registrar may:

    (a)     vary the registration of the school; or

    (b)     suspend the registration of the school for a specified period; or

    (c)     cancel the registration of the school.

155A     Compliance notice

If the registrar is considering taking action under section 155, the registrar must give the governing body of the registered non-Government school a notice (a compliance notice ) stating:

    (a)     that a breach of a registration requirement or a condition of the registration of the school has occurred; and

    (b)     the action the body must take to remedy the breach and the date by which the action must be taken.

155B     Show cause notice

    (1)     If a governing body given a compliance notice under section 155A does not take the action specified in the notice, the registrar may give the body a notice stating:

    (a)     the proposed action and the grounds for taking the proposed action; and

    (b)     the reasons for the proposed action; and

    (c)     that the body may, within 30 days after the notice is given, give the registrar a written response in relation to the proposed action.

    (2)     After considering any written response from the governing body received within the time allowed by subsection (1)(c), the registrar may:

    (a)     give the body a second compliance notice (a second compliance notice ) stating:

        (i)     that a breach of a registration requirement or a condition of the registration has occurred; and

        (ii)     the action the body must take to remedy the breach and the date by which the action must be taken; or

    (b)     make a decision under section 155 and give the body a decision notice for the decision; or

    (c)     decide not to take an action under section 155 and notify the body of this decision.

155C     Second compliance notice

If a governing body given a second compliance notice under section 155B(2) does not take the action specified in the second compliance notice, the registrar may:

    (a)     make a decision under section 155 and give the body a decision notice for the decision; or

    (b)     decide not to take an action under section 155 and notify the body of this decision.

155D     Suspension without compliance notice

    (1)     The registrar may suspend the registration of a non-Government school without giving the governing body of the school a compliance notice if the registrar is satisfied that any of the following has occurred:

    (a)     the school is responsible for a serious incident that may impact on the safety, health or wellbeing of a student at the school;

    (b)     the school has breached a registration requirement or a condition of its registration in a manner that may give rise to an immediate risk to the safety, health or wellbeing of a student at the school;

    (c)     the school has a history of failing to comply with the registration requirements or conditions of the registration.

    (2)     The registrar must give the body a decision notice for a decision under subsection (1).

155E     Notice to parents of variation, suspension or cancellation

The registrar may, if the registration of a non-Government school has been varied, suspended or cancelled under section 155 or 155D, direct the governing body of the school to give written notice of the variation, suspension or cancellation and its effect to the parents of students at the school.