Reprint noteThis is the last reprint before repeal. Repealed on 1 January 2018 by 2017 Act No. 24 s 179.Education (Accreditation of Non-State Schools) Act 2001An Act to provide for the accreditation of non-State schools, and deciding the eligibility of non-State schools’ governing bodies for Government funding for the schools, and for other purposesChapter 1PreliminaryPart 1Introduction1Short titleThis Act may be cited as the Education (Accreditation of Non-State Schools) Act 2001.2Commencement(1)The following provisions of this Act commence on the date of assent—(a)sections 4, 132, 176 and 219;(b)parts 1 and 2 of chapter 5;(c)schedules 2 and 3.
(2)The remaining provisions of this Act commence on 1 January 2002.Part 2Objects3Objects of Act(1)The objects of this Act are—(a)to uphold the standards of education at non-State schools; and(b)to maintain public confidence in the operation of non-State schools; and(c)to foster educational choices in the State; and(d)to provide the basis for the efficient allocation of Government funding for non-State schools.
(2)The objects are to be achieved mainly by—(a)establishing the Non-State Schools Accreditation Board; and(b)establishing an accreditation regime for the accreditation of non-State schools complying with the accreditation criteria; and(c)establishing the Non-State Schools Eligibility for Government Funding Committee; and(d)establishing a formal process for deciding the eligibility of a non-State school’s governing body for Government funding for the non-State school.
s 3 amd 2005 No. 29s 3Part 3Interpretation4DictionaryThe dictionary in schedule 3 defines particular words used in this Act.5Meaning of schoolA school means a non-State school.6Meaning of non-State school(1)A non-State school means a school (in the ordinary meaning of the word) established to provide the following types of education—(b)primary education;(c)secondary education;(d)special education.
(2)However, a non-State school does not include the following—(a)a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4;(b)for a child registered or provisionally registered for home education under the Education (General Provisions) Act 2006—the child’s usual place of residence;(c)a place where a child undertaking primary, secondary or special education receives tutorial help relating to the education;(e)TAFE Queensland under the TAFE Queensland Act 2013;(f)a place used only to provide education and care or regulated education and care;(g)a place used only to offer a curriculum that is, or is a variation of, the whole or part of the primary or secondary curriculum of a foreign country.
(3)In this section—education and care means education and care provided by an approved education and care service under the Education and Care Services National Law (Queensland).regulated education and care means regulated education and care within the meaning of the Education and Care Services Act 2013, but does not include education and care provided in the course of providing primary education, secondary education or special education.s 6 amd 2002 No. 55s 196sch 1; 2002 No. 75s 7; 2003 No. 63s 60 sch; 2006 No. 39s 512(1)–(2) schs 1–2; 2007 No. 53s 30 sch; 2011 No. 38s 67; 2013 No. 27s 70sch 1 pt 2; 2013 No. 44s 269sch 1 pt 2; 2014 No. 25s 223sch 1 pt 2; 2014 No. 62s 47School not operated for profitFor this Act, a school is not operated for profit only if any profits made from the school’s operation are used entirely to advance the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.7AMeaning of prohibited arrangementA prohibited arrangement is a contract or arrangement entered into by a school’s governing body or proposed governing body and a for-profit entity not dealing with each other at arm’s length.s 7A ins 2005 No. 29s 47AAMeaning of directorA director, of a school’s governing body, is—(a)if the governing body is a company under the Corporations Act—a person appointed as a director of the governing body; or(b)if the governing body is a RECI Act corporation—(i)a declared director of the governing body; and(ii)if all declared directors of the governing body, for the time being, nominate a person as a director of the governing body—the person; orNote—The governing body must give the board a notice under section 167(4) within 14 days after a nomination.
(c)otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body.
s 7AA ins 2014 No. 62s 58Application of provisions(1)This section applies if a provision of this Act applies another provision of this Act for a purpose.(2)The other provision and any definition relevant to the other provision apply with any necessary changes.(3)Subsection (2) is not limited merely because a provision states how the other provision is to apply.Chapter 2Accreditation of schoolsPart 1Accreditation criteria9Prescribing accreditation criteriaA regulation may prescribe criteria (the accreditation criteria), relevant to a school’s accreditation, about the following—(a)the school’s administration and governance arrangements;(b)the school’s financial viability;(c)the school’s educational program and student welfare processes;(d)the school’s resources;(e)the school’s improvement processes.
Part 2AccreditationsDivision 1Preliminary10Offence of operating a school without accreditation or provisional accreditationA person must not operate a school unless—(a)the school is accredited; or(b)subject to section 25, the school is provisionally accredited.
Maximum penalty—100 penalty units.11Governing body of provisionally accredited, or accredited, school(1)A school’s governing body may apply for the accreditation of the school.(2)To be eligible to apply, the governing body must be a corporation.(3)The governing body of a provisionally accredited, or accredited, school must always be a corporation.Note—If the governing body of a provisionally accredited, or accredited, school is not a corporation, that is a ground for the cancellation of the provisional accreditation under section 70 or the accreditation under section 63.12Type of education(1)A school may only be provisionally accredited, or accredited, to provide the following types of education—(b)primary education;(c)secondary education;(d)special education.
(2)A school may provide education in the preparatory year only if the school is provisionally accredited, or accredited, to provide primary education for at least years 1 to 3.(3)To remove doubt, it is declared that a school that is provisionally accredited, or accredited, to provide primary education or secondary education, is not also required to be provisionally accredited, or accredited, to provide special education for the education of persons with a disability.s 12 amd 2002 No. 75s 8; 2006 No. 39s 512(2)sch 212AProvisional accreditation, or accreditation, is for 1 type of education(1)Each provisional accreditation, or accreditation, of a school must be for 1 type of education only.(2)However, a school may be provisionally accredited, or accredited, to provide more than 1 type of education.s 12A ins 2002 No. 75s 913Mode of delivery of educationA school may only be provisionally accredited, or accredited, to use the following modes of delivery of education—(a)classroom education;(b)distance education.
13ASpecial assistance(1)This section applies to a school that is provisionally accredited, or accredited, to provide primary or secondary education.(2)The school may be provisionally accredited, or accredited, to provide special assistance.(3)The provision of special assistance is the provision of the type of education mentioned in subsection (1)—(a)to relevant students; and(b)without tuition fees.
(4)In this section—compulsory participation phase see the Education (General Provisions) Act 2006, section 231.compulsory school age see the Education (General Provisions) Act 2006, section 9.eligible option see the Education (General Provisions) Act 2006, section 232.full-time, in relation to participation in an eligible option, see the Education (General Provisions) Act 2006, schedule 4.relevant students means students who—(a)would not otherwise be—(i)enrolled at and attending school while of compulsory school age; or(ii)participating in an eligible option full-time, or in paid employment for at least 25 hours each week, during the compulsory participation phase; and
(b)are not provisionally registered, or registered, for home education under the Education (General Provisions) Act 2006, chapter 9, part 5.
school, for the purposes of the definition relevant students, includes a State school.s 13A ins 2014 No. 62s 1214Duplicate application prohibited(1)This section applies if an application has been made for the accreditation of a school to provide a type of education at a location and the application has not been decided by the board.(2)The applicant may not make another application for the accreditation of the school to provide the same type of education at the location.15Application of Working with Children Act, ch 8For the Working with Children Act, chapter 8, a person is taken to be a person carrying on a regulated business under that Act by being a director of the governing body of a provisionally accredited, or accredited, school.s 15 amd 2004 No. 13s 102sch 2 pt 1; 2010 No. 5s 162; 2014 No. 28s 105sch 1Division 2Applications for accreditationSubdivision 1Applications16Procedural requirements for application(1)An application for the accreditation of a school must—(a)be made to the board; and(b)be in the approved form; and(c)be accompanied by—(i)the fee, if any, prescribed under a regulation; and(ii)copies of current positive notices or current positive exemption notices for all the directors of the school’s governing body.
(2)The approved form must require the inclusion of the school’s student-intake day that is to apply if the board provisionally accredits the school.(3)Also, the approved form must require the inclusion of details of each of the following attributes the school must have if the board decides to grant the application—(a)the school’s governing body;(b)the land on which the school is to operate;(c)the curriculum model the school is to follow;(d)the mode of delivery of education to be used at the school;(e)the years of schooling the school is to offer;(f)if the school operates from more than 1 site—the years of schooling the school is to offer at each site;(g)whether the school is to include boarding facilities;(h)whether the school is a coeducational or single-sex school;(i)if the school is an establishment phase school for a sector of schooling—the school’s sector student-intake day for the sector of schooling;(j)if the school is to provide special assistance—the sites at which special assistance is to be provided.Note—Also, a special assistance school may temporarily provide special assistance at other sites—see part 3A.
(3A)A site must not be an attribute for the purposes of subsection (3)(j) if the school is to provide education other than special assistance at the site.(4)In addition, the approved form must require the inclusion of—(a)an indication about whether or not the applicant seeks Government funding for the school; and(b)if the applicant seeks Government funding for the school—the aspects of the school’s operation for which the Government funding is sought.
s 16 amd 2010 No. 5s 163; 2014 No. 62s 1317If applicant seeks Government funding for the school(1)This section applies if—(a)the applicant indicates in the application that the applicant seeks Government funding for the school; and(b)the board is satisfied—(i)the school will not on its establishment be operated for profit; and(ii)the applicant is not a party to, and does not intend to enter into, a prohibited arrangement in relation to the operation of the school; and(iii)there is no direct or indirect connection between the applicant and a for-profit entity, and there will not on the school’s establishment be a direct or indirect connection between the applicant and a for-profit entity, that could reasonably be expected to compromise the independence of the applicant when making financial decisions.
(2)The board must as soon as practicable after receiving the application—(a)give the committee—(i)a copy of the application; and(ii)copies of the documents that accompanied the application; and
(b)give the Minister a notice stating—(i)that the board has received the application; and(ii)the day the application was received.
s 17 amd 2005 No. 29s 517AFurther information or documents(1)Before deciding whether it is satisfied about a matter mentioned in section 17(1)(b), the board may by notice given to the applicant require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires for it to make the decision.(2)The notice may state that the information or document must be verified by a statutory declaration.(3)The applicant is taken to no longer be seeking Government funding for the school if, within the stated time, the applicant does not comply with the requirement.s 17A ins 2005 No. 29s 617BBoard not satisfied about particular matterIf the board decides it is not satisfied about a matter mentioned in section 17(1)(b), it must as soon as practicable give the applicant an information notice about the decision.s 17B ins 2005 No. 29s 6Subdivision 2Provisional accreditation of schools18Decision to provisionally accredit school(1)The board must consider the application and decide whether it is satisfied—(a)the applicant is suitable to be the school’s governing body; andNote—See section 39 (Suitability of governing body).(b)the school will comply with the accreditation criteria within the school’s provisional accreditation period.
(2)If the board is satisfied of the matters mentioned in subsection (1), it must decide to provisionally accredit the school subject to the school having the following attributes (the attributes of provisional accreditation)—(a)the attributes, mentioned in section 16(3), stated in the application;(b)any other attribute agreed to by the applicant and board.
(3)If the board decides to provisionally accredit the school, it must as soon as practicable issue a certificate of provisional accreditation to the applicant.19Decision to refuse to provisionally accredit school(1)If the board is not satisfied of the matters mentioned in section 18(1), it must decide to refuse to provisionally accredit the school.(2)If the board decides to refuse to provisionally accredit the school, it must as soon as practicable give the applicant an information notice about the decision.(3)The decision does not take effect until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
(4)If the board decides to refuse to provisionally accredit the school, the application for the accreditation of the school ends on the day the decision takes effect under subsection (3).20If applicant seeks Government funding for the school(1)This section applies if the applicant indicates in the application that the applicant seeks Government funding for the school.(2)The board may make a decision about the school’s provisional accreditation before receiving notice of the Minister’s decision on the application for Government funding for the school.(3)However, if the board has not received the notice, it may not refuse to provisionally accredit the school for a reason about the financial viability of the operation of the school under a provisional accreditation or accreditation.(4)Subsection (5) applies if the board has received notice of the Minister’s decision not to grant the application for Government funding for the school.(5)The board must not decide whether to provisionally accredit the school until after—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
21Failure to decide to provisionally accredit school(1)Subsection (2) applies if the applicant indicates in the application that the applicant seeks Government funding for the school.(2)If the board fails to decide whether to provisionally accredit the school within 9 months after the board receives the application—(a)the failure is taken to be a decision of the board to refuse to provisionally accredit the school; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(3)Subsection (4) applies if the applicant indicates in the application that the applicant is not seeking Government funding for the school.(4)If the board fails to decide whether to provisionally accredit the school within 6 months after the board receives the application—(a)the failure is taken to be a decision of the board to refuse to provisionally accredit the school; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(5)This section is subject to section 22.22Further time to make decision(1)This section applies if the board considers it needs further time to make a decision on whether it is satisfied of the matters mentioned in section 18(1) because of the complexity of the matters that need to be considered in making the decision.(2)The applicant and board may at any time before the final consideration day agree in writing on a day (the agreed extended day) by which the decision is to be made.(3)If the board fails to make the decision by the agreed extended day—(a)the failure is taken to be a decision of the board to refuse to provisionally accredit the school; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(4)In this section—final consideration day means—(a)if the applicant indicates in the application that the applicant seeks Government funding for the school—the day that is 9 months after the board’s receipt of the application; or(b)if the applicant indicates in the application that the applicant is not seeking Government funding for the school—the day that is 6 months after the board’s receipt of the application.
23Form of certificate of provisional accreditation(1)A certificate of provisional accreditation of a school must be in the approved form.(2)The certificate is for the school and is not personal to the school’s governing body.(3)The school’s governing body must display the certificate in a prominent place at the school.(4)If a school is provisionally accredited for more than 1 type of education, a single certificate of provisional accreditation may relate to all the types of education concerned.s 23 amd 2002 No. 75s 1024Provisional accreditation period(1)A school’s provisional accreditation remains in force for the period, not more than 3 years, stated in the certificate of provisional accreditation.(2)The last day of the period must be the day that is 1 year after the school’s student-intake day.25Operation of provisionally accredited school before its student-intake dayThe governing body of a provisionally accredited school must not operate the school before the school’s student-intake day.Maximum penalty—100 penalty units.Subdivision 3Decision on applications26Further information or documents to support application for accreditation(1)Before deciding an application for the accreditation of a school, the board may by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application.(2)Also, the board may by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide whether to provisionally accredit the school under section 18.(3)The notice may state that the information or document must be verified by a statutory declaration.(4)The applicant is taken to have withdrawn the application if, within the time stated in the notice, the applicant does not comply with the notice.(5)When giving a notice under subsection (1), the board must have regard to the time remaining for the board to decide the application under section 27.(6)When giving a notice under subsection (2), the board must have regard to the time remaining for the board to decide whether to provisionally accredit the school under section 18.27Decision(1)This section applies to a provisionally accredited school.(2)The board must consider the application for the accreditation of the school and decide, after assessing the school under subdivision 4, whether it is satisfied—(a)the applicant is suitable to be the school’s governing body; andNote—See section 39 (Suitability of governing body).(b)the school is complying with the accreditation criteria.
(3)If the board is satisfied of the matters mentioned in subsection (2), it must decide to accredit the school subject to the school having the following attributes (the attributes of accreditation)—(a)the attributes, mentioned in section 16(3), stated in the application;(b)any other attribute agreed to by the applicant and board.
28Steps to be taken after application decided(1)If the board decides to accredit the school—(a)it must, as soon as practicable, issue a certificate of accreditation, for the school, to the applicant; and(b)the applicant must return the school’s certificate of provisional accreditation to the board within 14 days after receiving the certificate of accreditation.
(2)The school’s provisional accreditation is cancelled when the applicant receives the certificate of accreditation.(3)If the board decides to refuse to accredit the school, it must as soon as practicable give the applicant an information notice about the decision.(4)The decision to refuse to accredit the school does not take effect until the latest of the following days—(a)the day of effect stated in the information notice;(b)the last day to apply for a review of the decision;(c)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
(5)The school’s provisional accreditation is cancelled when the decision to refuse to accredit the school takes effect under subsection (4).29Failure to decide application during school’s provisional accreditation period(1)If the board fails to decide the application within the school’s provisional accreditation period—(a)the failure is taken to be a decision of the board to refuse to accredit the school; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(2)The decision does not take effect until the later of—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
(3)The school’s provisional accreditation is cancelled when the decision takes effect under subsection (2).(4)This section is subject to section 30.30Further consideration of application(1)This section applies if the board considers it needs further time to make a decision on whether it is satisfied of the matters mentioned in section 27(2) because of the complexity of the matters that need to be considered in deciding the application.(2)The applicant and board may at any time within the school’s provisional accreditation period agree in writing on a day (the agreed extended day) by which the application is to be decided.(3)If the board fails to make the decision by the agreed extended day—(a)the failure is taken to be a decision of the board to refuse to accredit the school; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(4)The decision does not take effect until the later of—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
(5)The school’s provisional accreditation is cancelled when the decision takes effect under subsection (4).31Return of certificate of provisional accreditation to board(1)This section applies if—(a)the board decides, under section 27, to refuse to accredit a school; or(b)the board is, under section 29 or 30, taken to have decided to refuse to accredit a school.
(2)The applicant must return the school’s certificate of provisional accreditation to the board within 14 days after a decision to which this section applies takes effect, unless the applicant has a reasonable excuse.Maximum penalty—20 penalty units.(3)However, subsection (2) does not apply if the applicant made an application for a review of the decision and was successful in having the decision overturned.Subdivision 4Assessment of schools32Initial assessment of school(1)The board must after the assessment day start an assessment of a provisionally accredited school, to decide whether the school is complying with the accreditation criteria.(2)In this section—assessment day means—(a)a day agreed to by the applicant for the accreditation of the school and the board; or(b)the day, of which the board has notified the applicant, that is—(i)at least 60 days after the giving of the notice; and(ii)within 6 months before the end of the school’s provisional accreditation period.
33Report by assessor(1)To assess a school under this subdivision, the board must obtain a written report from an assessor about whether the school is complying with the accreditation criteria.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.34Further assessment of school(1)Subsections (2) and (3) apply if, after the assessment of a school under section 32, the board—(a)is satisfied the applicant for the accreditation of the school is suitable to be the school’s governing body; andNote—See section 39 (Suitability of governing body).(b)is not satisfied the school is complying with the accreditation criteria; and(c)is satisfied the school will comply with the accreditation criteria within 1 year after the end of the school’s provisional accreditation period.
(2)The school’s provisional accreditation period is extended by 1 year.(3)The board must as soon as practicable—(a)give the applicant notice of the outcome of the assessment; and(b)issue the applicant with another certificate of provisional accreditation stating the school’s extended provisional accreditation period.
(4)Before the end of the school’s extended provisional accreditation period, the board must conduct another assessment of the school to decide whether the school is complying with the accreditation criteria.(5)The board may only conduct an assessment of the school, under subsection (4), if it has given the applicant notice of the assessment within a reasonable time of at least 30 days before the start of the assessment.(6)The board may conduct not more than 3 assessments of the school under subsection (4).Subdivision 5Certificates of accreditation35Form of certificate of accreditation(1)A certificate of accreditation of a school must be in the approved form.(2)The certificate is for the school and is not personal to the school’s governing body.(3)The school’s governing body must display the certificate in a prominent place at the school.(4)If a school is accredited for more than 1 type of education, a single certificate of accreditation may relate to all the types of education concerned.s 35 amd 2002 No. 75s 11Division 3Additional assessment of certain schoolsSubdivision 1Assessment when school first starts to operate within a sector of schoolingsdiv hdg ins 2002 No. 75s 1236Application of sdiv 1This subdivision applies to a school—(a)that was an establishment phase school for a sector of schooling; and(b)that has started to operate, within the sector of schooling, on the school’s sector student-intake day for the sector of schooling.
s 36 amd 2002 No. 75s 1337Assessment of school(1)The board must after the assessment day start an assessment of the school, to decide whether the school is complying with the accreditation criteria.(2)The board may conduct not more than 2 assessments of the school under this section.(3)In this section—assessment day means—(a)a day agreed to by the board and the school’s governing body; or(b)the day, of which the board has notified the governing body, that is—(i)at least 6 months after the school’s sector student-intake day for the sector of schooling; and(ii)within the last year of schooling for the sector of schooling.
38Report by assessor(1)To assess a school under section 37, the board must obtain a written report from an assessor about whether the school is complying with the accreditation criteria.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.Subdivision 2Assessment when school starts to operate within a sector of schooling at new sitesdiv 2 (ss 38A–38C) ins 2002 No. 75s 1438AApplication of sdiv 2This subdivision applies to a school that has started to operate, within a sector of schooling, at a site (a new site) at which the school has not previously operated within the sector of schooling.sdiv 2 (ss 38A–38C) ins 2002 No. 75s 1438BAssessment of school(1)The board must after the assessment day start an assessment of the school in relation to the provision of education within the sector of schooling at the new site, to decide whether the school is complying with the accreditation criteria.(2)The board may conduct not more than 2 assessments of the school under this section.(3)In this section—assessment day means—(a)a day agreed to by the board and the school’s governing body; or(b)the day, of which the board has notified the governing body, that is—(i)at least 6 months after the day the school starts to operate within the sector of schooling at the new site; and(ii)within the last year of schooling for the sector of schooling at the new site.
sdiv 2 (ss 38A–38C) ins 2002 No. 75s 1438CReport by assessor(1)To assess a school under section 38B, the board must obtain a written report from an assessor about whether the school is complying with the accreditation criteria.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.sdiv 2 (ss 38A–38C) ins 2002 No. 75s 14Subdivision 3Assessment of special assistance school using temporary sitesdiv 3 (ss 38D–38F) ins 2014 No. 62s 1438DApplication of sdiv 3This subdivision applies to a special assistance school that is providing special assistance at a temporary site.sdiv 3 (ss 38D–38F) ins 2014 No. 62s 1438EAssessment of schoolThe board may assess the special assistance school to decide whether it is complying with the temporary site criteria.sdiv 3 (ss 38D–38F) ins 2014 No. 62s 1438FReport by assessor(1)To assess the special assistance school under section 38E, the board must obtain a written report from an assessor about whether the school is complying with the temporary site criteria.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.sdiv 3 (ss 38D–38F) ins 2014 No. 62s 14Division 4Investigation of suitability of school’s governing body39Suitability of governing body(1)This section applies if the board is deciding—(a)whether a school’s governing body that is the applicant for the accreditation of the school is suitable to be the school’s governing body; or(b)whether the governing body of a provisionally accredited, or accredited, school is suitable to continue to be the school’s governing body; or(c)whether the proposed governing body of a provisionally accredited, or accredited, school would be suitable to be the school’s governing body.
(2)The board may have regard to the following—(a)the governing body’s relationship with other entities;(b)whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have relating to an aspect of the operation of the school;(c)the conduct of the governing body, or its directors, relevant to the operation of the school.
(3)If a director of a school’s governing body does not have a current positive notice or current positive exemption notice, the board must decide that the governing body is not suitable to be, not suitable to continue to be, or would not be suitable to be, the school’s governing body.(4)Also, in making its decision, the board may have regard to each of the following—(a)if any of the governing body’s directors have been convicted of an indictable offence—the nature, and circumstances, of the commission of the offence;(b)if the governing body has been convicted of an offence—the nature, and circumstances, of the commission of the offence.
(5)Subsections (2) to (4) do not limit the matters to which the board may have regard in making a decision mentioned in subsection (1).(6)In this section—conflict of interest includes a potential conflict of interest.convicted, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.indictable offence includes an indictable offence dealt with summarily.s 39 amd 2003 No. 62s 93; 2004 No. 53s 2 sch; 2005 No. 29s 7; 2010 No. 5s 164; 2014 No. 62s 640Investigation(1)The board may investigate a school’s governing body that is the applicant for the accreditation of the school to help in deciding whether the governing body is suitable to be the school’s governing body.(2)The board may investigate the governing body of a provisionally accredited, or accredited, school to help in deciding whether the governing body is suitable to continue to be the school’s governing body.(3)The board may investigate the proposed governing body of a provisionally accredited, or accredited, school to help in deciding whether the governing body would be suitable to be the school’s governing body.41Criminal history reports for investigation(1)In investigating the governing body or proposed governing body of a school under section 40, the board may ask the commissioner of the police service for—(a)a written report about the criminal history of the governing body or a director of the governing body; and(b)a brief description of the circumstances of a conviction mentioned in the criminal history.
(2)The commissioner of the police service must comply with the request.(3)The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.s 41 amd 2005 No. 29s 841AReport by assessor(1)Before making a decision mentioned in section 39(1)(b), the board may obtain a written report from an assessor about the matter.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.s 41A ins 2005 No. 29s 9Division 5Periodic demonstration of compliance with accreditation criteria42Demonstration of compliance(1)The board may, once every 5 years during a school’s accreditation, give the school’s governing body a notice requesting the governing body to give the board information or a document that may help the board in deciding whether the school is complying with the accreditation criteria.(2)The governing body must comply with the request within 6 months after the giving of the notice.s 42 amd 2002 No. 75s 15Part 3Changes in provisional accreditation period, attributes of provisional accreditation or attributes of accreditationDivision 1Changes in provisional accreditation period43Application(1)The board may, on application by the governing body of a provisionally accredited school, extend or reduce the school’s provisional accreditation period.(2)Subsection (1) applies even if the period has already been extended or reduced under this section.(3)The application must—(a)be made to the board; and(b)be in the approved form; and(c)be accompanied by the fee, if any, prescribed under a regulation; and(d)be made at least 90 days before the school’s student-intake day (the 90 day period).
(4)However, the board may consider an application for the extension of a school’s provisional accreditation period made within the 90 day period if the board is satisfied that unforeseen circumstances preventing the school from complying with the accreditation criteria arose within the 90 day period.44Further information or documents to support application(1)The board may, by notice given to the applicant, request the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application.(2)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with the request.(3)When giving the notice, the board must have regard to the time remaining for the board to decide the application.45Failure to decide application(1)If the application is for an extension of the school’s provisional accreditation period and the board fails to decide the application by the school’s student-intake day—(a)the failure is taken to be a decision of the board to refuse to grant the application; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(2)If the application is for a reduction of the school’s provisional accreditation period and the board fails to decide the application by the school’s revised student-intake day—(a)the failure is taken to be a decision of the board to refuse to grant the application; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(3)In this section—revised student-intake day, of a school for which application has been made to reduce the school’s provisional accreditation period, means the school’s new student-intake day if the board were to decide to grant the application.46Decision about application(1)The board must consider the application and decide—(a)to extend or reduce the school’s provisional accreditation period in the way sought in the application; or(b)to extend or reduce the school’s provisional accreditation period in a different way to that sought in the application; or(c)not to extend or reduce the school’s provisional accreditation period.
(2)The board may decide to extend the school’s provisional accreditation period only if the board is satisfied unforeseen circumstances prevent the school from complying with the accreditation criteria within the period.(3)The board may decide to reduce the school’s provisional accreditation period only if the board is satisfied the school will comply with the accreditation criteria within the reduced period.(4)If the board makes a decision under subsection (1)(a), the board must as soon as practicable give the school’s governing body notice of the decision.(5)If the board makes a decision under subsection (1)(b) or (c), the board must as soon as practicable give the school’s governing body an information notice about the decision.(6)A decision under subsection (1)(b) or (c) does not take effect until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
47Change in school’s provisional accreditation period(1)If the board makes a decision, under section 46(1)(a), in relation to a school, the school’s governing body must return the school’s certificate of provisional accreditation to the board within 14 days after the governing body receives notice of the decision under section 46(4).(2)If the board makes a decision, under section 46(1)(b), in relation to a school, the school’s governing body must return the school’s certificate of provisional accreditation to the board within 14 days after the decision takes effect under section 46(6).(3)On receiving the certificate, the board must issue another certificate of provisional accreditation to the governing body to replace the certificate returned to the board.48Change in school’s student-intake day(1)This section applies if—(a)the board makes a decision, under section 46(1)(a) or (b), in relation to a school; and(b)the school is not yet in operation.
(2)If the school’s provisional accreditation period is extended, the school’s student-intake day is changed to the day that is 1 year before the last day of the extended period.(3)If the school’s provisional accreditation period is reduced, the school’s student-intake day is changed to the day that is 1 year before the last day of the reduced period.Division 2Changes in attributes of provisional accreditation on application by school’s governing bodydiv hdg amd 2002 No. 75s 1649Application to change attribute of provisional accreditation(1)A provisionally accredited school’s governing body may apply to the board to change an attribute of provisional accreditation applying to the school.(2)The application must—(a)be in the approved form; and(b)be accompanied by the fee, if any, prescribed under a regulation.
(3)If the application is about a change in the school’s governing body, the application must also be accompanied by copies of current positive notices or current positive exemption notices for all the directors of the proposed governing body.s 49 amd 2010 No. 5s 16550If applicant is eligible for Government funding for aspect of operation of school(1)This section applies if—(a)the application is about a change in an attribute of provisional accreditation applying to the school, other than a change in the school’s governing body; and(b)the change relates to an aspect of the operation of the school for which the governing body is eligible for Government funding for the school (the relevant operational aspect).
(2)If the change will result in the school being allowed to operate within a new sector of schooling, the approved form must provide for the inclusion of the sector student-intake day for the sector of schooling.(3)The board must as soon as practicable—(a)give the committee—(i)a copy of the application; and(ii)copies of the documents that accompanied the application; and
(b)give the Minister a notice stating—(i)that the board has received the application; and(ii)the day the application was received.
51Further information or documents to support application(1)Before deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires to decide the application.(2)The board may require the information or document to be verified by a statutory declaration.(3)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement mentioned in subsection (1).(4)When giving the notice, the board must have regard to the time remaining for the board to decide the application.52Decision of board(1)The board must consider the application and either grant, or refuse to grant, the application.(2)If the application is about a change in the school’s governing body, the board may decide to grant the application only if the board is satisfied—(a)the proposed governing body would be suitable to be the school’s governing body; andNote—See section 39 (Suitability of governing body).(b)if the school’s governing body is eligible for Government funding for the school and the intention is for the proposed governing body to also be eligible for Government funding for the school—(i)once the change is effected, the school will continue to be a school not operated for profit; and(ii)the proposed governing body is not a party to, and does not intend to enter into, a prohibited arrangement in relation to the operation of the school; and(iii)there is no direct or indirect connection between the proposed governing body and a for-profit entity that could reasonably be expected to compromise the independence of the proposed governing body when making financial decisions.
(3)If the application is about a change in an attribute of provisional accreditation applying to the school, other than a change in the school’s governing body, the board may decide to grant the application only if the board is satisfied, that after the change is effected, the school will comply with the accreditation criteria.(4)If the board decides to grant the application, the board must as soon as practicable give the applicant a written notice (a change notice) stating—(a)the decision; and(b)the day (the change day) before which the change must be effected.
(5)If the board decides to refuse to grant the application, the board must as soon as practicable give the applicant an information notice about the decision.s 52 amd 2005 No. 29s 1052ADeemed eligibility for Government funding(1)This section applies if—(a)the school’s governing body is eligible for Government funding for the school; and(b)the application is about a change in the school’s governing body; and(c)the intention is for the proposed governing body to also be eligible for Government funding for the school; and(d)the board decides to grant the application.
(2)Once the change is effected, the new governing body of the school is taken to be eligible for Government funding for the school.s 52A ins 2005 No. 29s 1153Failure to decide application(1)If the application is about a change in the school’s governing body and the board fails to decide the application within 6 months after its receipt—(a)the failure is taken to be a decision of the board to refuse to grant the application; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(2)Subsections (3) and (4) apply if the application is about a change in an attribute of provisional accreditation applying to the school, other than a change in the school’s governing body.(3)If the applicant is eligible for Government funding for the school and the board fails to decide the application within 9 months after its receipt—(a)the failure is taken to be a decision of the board to refuse to grant the application; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
(4)If the applicant is not eligible for Government funding for the school and the board fails to decide the application within 6 months after its receipt—(a)the failure is taken to be a decision of the board to refuse to grant the application; and(b)the board must, as soon as practicable, give the applicant an information notice about the decision.
54Consideration by committee of effect on eligibility for Government funding for school(1)This section applies if the committee receives copies of an application and accompanying documentation under section 50(3).(2)The committee must—(a)consider the application; and(b)make a recommendation about whether, if the change is effected, the applicant would still be eligible for Government funding for the school as far as the funding relates to the relevant operational aspect.
(3)In considering the application, the committee must have regard to the eligibility for Government funding criteria, as if the change had been effected.(4)Subsection (5) applies if the application is about a change in the mode of delivery of education, used at the school, to include distance education.(5)The reference to the school’s catchment area in the eligibility for Government funding criteria is taken to be a reference to the catchment area that would apply if the change had been effected.(6)The committee must, as soon as practicable after making the recommendation, give the recommendation to the board.(7)The board must, as soon as practicable after receiving the recommendation, give the recommendation to the Minister.(8)In this section—recommendation includes reasons for the recommendation.55Decision of Minister(1)This section applies if the Minister receives a recommendation under section 54(7).(2)The Minister must decide, if the change is effected, whether the applicant would still be eligible for Government funding for the school as far as the funding relates to the relevant operational aspect.(3)In making the decision, the Minister must have regard to the following—(a)the recommendation;(b)the eligibility for Government funding criteria, as if the change had been effected.
(4)Subsection (5) applies if the application is about a change in the mode of delivery of education, used at the school, to include distance education.(5)The reference to the school’s catchment area in the eligibility for Government funding criteria is taken to be a reference to the catchment area that would apply if the change had been effected.(6)To remove doubt, it is declared that the Minister is not bound by the recommendation.(7)If the Minister decides, if the change is effected, the applicant would still be eligible for Government funding for the school as far as it relates to the relevant operational aspect, the Minister must as soon as practicable give the applicant and board notice of the decision.(8)If the Minister decides, if the change is effected, the applicant would not still be eligible for Government funding for the school as far as it relates to the relevant operational aspect, the Minister must as soon as practicable—(a)give the applicant an information notice about the decision; and(b)give the board notice of the decision.
(9)The board may make a decision about the application before receiving notice of the Minister’s decision.(10)However, if the board has not received notice of the Minister’s decision, it may not refuse to grant the application for a reason about the financial viability of the operation of the school.(11)In this section—recommendation includes reasons for the recommendation.56Recording change of attribute of provisional accreditation(1)This section applies if a provisionally accredited school’s governing body receives a change notice about an attribute of provisional accreditation stated in the school’s certificate of provisional accreditation.(2)The school’s governing body must return the certificate of provisional accreditation to the board within 14 days after receiving the notice.(3)On receiving the certificate, the board must issue a replacement certificate of provisional accreditation to the governing body stating details of the change, including the change day stated in the notice.(4)Failure to issue a replacement certificate does not affect the validity of the change.57Failure to effect change of attribute of provisional accreditation before change day(1)This section applies if—(a)a provisionally accredited school’s governing body receives a change notice about an attribute of provisional accreditation applying to the school; and(b)the change is not effected before the change day stated in the notice.
(2)The notice is taken not to have been given by the board to the governing body.(3)The governing body must return the certificate of provisional accreditation to the board within 14 days after the change day, unless the governing body has a reasonable excuse.(4)On receiving the certificate, the board must issue to the governing body a replacement certificate of provisional accreditation, not stating the details of the change.58Effect of change on application for accreditation(1)This section applies if a provisionally accredited school’s governing body receives a change notice about an attribute of provisional accreditation applying to the school.(2)The application for the accreditation of the school, yet to be decided by the board, is taken to be amended to accord with the notice.Division 2AOther changes in attributes of provisional accreditationdiv 2A (ss 58A–58F) ins 2002 No. 75s 1758ANotice about change in attribute of provisional accreditation(1)This section applies if—(a)the board reasonably believes an attribute of provisional accreditation applying to a school has changed; and(b)the school’s governing body has not given the board an application about the change under division 2.
(2)The board may give the school’s governing body a notice (a show cause notice) stating the following—(a)details about the attribute of provisional accreditation the board reasonably believes has changed;(b)an outline of the facts and circumstances forming the basis for the board’s belief;(c)the change the board proposes making to the attribute of provisional accreditation applying to the school;(d)an invitation to the governing body to show within a stated period (the show cause period) why the proposed change should not be made.
(3)The show cause period must be a period ending at least 30 days after the notice is given to the governing body.div 2A (ss 58A–58F) ins 2002 No. 75s 1758BRepresentations about show cause notice(1)The governing body may make written representations about the show cause notice to the board in the show cause period.(2)The board must consider all written representations (the accepted representations) made under subsection (1).div 2A (ss 58A–58F) ins 2002 No. 75s 1758CEnding show cause process without further actionIf, after considering the accepted representations for the show cause notice, the board no longer believes the attribute of provisional accreditation has changed, the board—(a)must not take further action about the show cause notice; and(b)must, as soon as practicable, give notice to the school’s governing body that no further action is to be taken about the show cause notice.
div 2A (ss 58A–58F) ins 2002 No. 75s 1758DChanging attribute of provisional accreditation(1)This section applies if—(a)after considering the accepted representations for the show cause notice, the board still believes the attribute has changed; or(b)there are no accepted representations for the show cause notice.
(2)The board may decide to change the attribute.(3)The board must, as soon as practicable, give an information notice about the decision to the school’s governing body.(4)The decision does not take effect until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
div 2A (ss 58A–58F) ins 2002 No. 75s 1758EReturn of certificate of provisional accreditation to board(1)This section applies if—(a)the board decides to change an attribute of provisional accreditation applying to a school and gives an information notice about the decision to the school’s governing body; and(b)the attribute of provisional accreditation is stated in the school’s certificate of provisional accreditation; and(c)the decision takes effect under section 58D(4).
(2)The governing body must return the certificate of provisional accreditation to the board within 14 days after the decision takes effect, unless the governing body has a reasonable excuse.Maximum penalty—20 penalty units.(3)On receiving the certificate, the board must issue a replacement certificate of provisional accreditation to the governing body stating details of the change.(4)Failure to issue a replacement certificate does not effect the validity of the change.(5)However, subsection (2) does not apply if the governing body made an application to have the decision reviewed under chapter 4 and was successful in having the decision overturned.div 2A (ss 58A–58F) ins 2002 No. 75s 1758FEffect of change on application for accreditation(1)This section applies if a provisionally accredited school’s governing body receives an information notice under section 58D(3).(2)The application for the accreditation of the school, yet to be decided by the board, is taken to be amended to accord with the decision stated in the information notice.(3)However, subsection (2) does not apply if the governing body made an application to have the decision reviewed under chapter 4 and was successful in having the decision overturned.div 2A (ss 58A–58F) ins 2002 No. 75s 17Division 3Changes in attributes of accreditation59Application of divs 2 and 2AFor changing an attribute of accreditation applying to an accredited school, divisions 2 and 2A, other than sections 58 and 58F, apply as if—(a)an accreditation were a provisional accreditation; and(b)an accredited school were a provisionally accredited school; and(c)an attribute of accreditation were an attribute of provisional accreditation; and(d)a certificate of accreditation were a certificate of provisional accreditation.
s 59 amd 2002 No. 75s 1860Establishment phase school not starting to operate on sector student-intake day(1)This section applies if a school that is an establishment phase school for a sector of schooling does not start to operate, within the sector of schooling, on the school’s sector student-intake day for the sector of schooling.(2)The attribute of accreditation applying to the school about the years of schooling it is allowed to offer is taken to be changed to not include the years of schooling in the sector of schooling.(3)The attribute of accreditation applying to the school about the school’s sector student-intake day for the sector of schooling is taken to no longer apply to the school.(4)The school stops being an establishment phase school for the sector of schooling.(5)Subsections (6) to (8) apply if the attribute of accreditation applying to the school mentioned in subsection (2) or (3) is stated in the school’s certificate of accreditation.(6)The school’s governing body must return the certificate of accreditation to the board within 14 days after the school’s sector student-intake day for the sector of schooling.(7)On receiving the certificate, the board must issue a replacement certificate of accreditation to the governing body to replace the certificate returned to the board.(8)Failure to issue a replacement certificate does not affect the validity of the change.Part 3ASpecial assistance schools—use of temporary sitespt 3A (ss 60A–60E) ins 2014 No. 62s 1560APurpose of pt 3A(1)The purpose of this part is to enable a special assistance school to provide, on a temporary basis, special assistance at a temporary site.(2)However, special assistance may be provided at a temporary site only in accordance with the attributes of provisional accreditation, or the attributes of accreditation, mentioned in section 16(3)(a), (c) to (f), (h) and (i) for the school’s accredited special assistance sites.pt 3A (ss 60A–60E) ins 2014 No. 62s 1560BDefinitions for pt 3AIn this part—accredited special assistance site, for a special assistance school, means a site mentioned in section 16(3)(j) at which the school provides special assistance.public place means a place, or part of a place—(a)the public is entitled to use, whether or not on payment of money; or(b)the occupier of which allows, whether or not on payment of money, members of the public to enter, other than—(i)a school; or(ii)a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4.
site does not include—(a)a vehicle; or(b)a public place; or(c)a place where a person resides.
temporary site, in relation to a special assistance school, means a site other than—(a)an accredited special assistance site for the school; or(b)a site mentioned in section 16(3)(b) for the school.
temporary site criteria see section 60C.vehicle means—(a)a motor vehicle, train or aircraft; or(b)a ship, boat or any other kind of vessel; or(c)anything else used or to be used to carry people or goods from place to place.
pt 3A (ss 60A–60E) ins 2014 No. 62s 1560CCompliance with temporary site criteria(1)A special assistance school that provides special assistance at a temporary site must comply with the criteria prescribed by regulation for temporary sites (the temporary site criteria).Note—Noncompliance with any of the temporary site criteria is a ground for cancellation of provisional accreditation or accreditation—see sections 63 and 70.(2)Without limiting subsection (1), a regulation may limit the period for which a special assistance school may provide special assistance at a temporary site.pt 3A (ss 60A–60E) ins 2014 No. 62s 1560DNotification of intention to use, or stop using, temporary site(1)Before the governing body of a special assistance school starts providing special assistance at a temporary site for the first time, the governing body must give the board—(a)notice, in the approved form, of the governing body’s intention to start providing special assistance at the temporary site; and(b)evidence the school is entitled to occupy the site; and(c)a declaration by the governing body that—(i)the school needs to provide special assistance at the site for stated reasons; and(ii)the school will comply with the temporary site criteria while special assistance is provided at the site.
(2)If the governing body stops providing special assistance at a temporary site, the governing body must give the board notice, in the approved form, that the body has stopped providing special assistance at the temporary site.(3)The board must give the governing body a notice acknowledging receipt of the things mentioned in subsection (1)(a) to (c) or (2).pt 3A (ss 60A–60E) ins 2014 No. 62s 1560EUse of temporary site is not a change in attribute etc.(1)This section applies if a special assistance school—(a)provides special assistance at a temporary site; and(b)complies with this part, including the temporary site criteria, in relation to providing special assistance at the site.
(2)The provision of the special assistance at the temporary site by the school does not, of itself—(a)require the governing body to apply for provisional accreditation, or accreditation, of the school in relation to the temporary site; or(b)constitute a change in an attribute of provisional accreditation, or an attribute of accreditation, applying to the school; or(c)constitute a change relating to an aspect of the school’s operation affecting the governing body’s eligibility for Government funding.
pt 3A (ss 60A–60E) ins 2014 No. 62s 15Part 4Cancellation and surrender of accreditations or provisional accreditationspt hdg amd 2002 No. 75s 19Division 1Giving of compliance notices61Compliance notice(1)This section applies if—(a)the board reasonably believes—(i)an accredited school—(A)is not complying with an accreditation criterion; or(B)has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and
(ii)a matter relating to the noncompliance is reasonably capable of being rectified; and(iii)it is appropriate to give the school’s governing body an opportunity to rectify the matter; and
(b)the board has not given a show cause notice, about the noncompliance, to the governing body under section 64.
(2)The board may give the governing body a notice (a compliance notice) requiring the governing body to rectify the matter.(3)The compliance notice must state—(a)that the board believes the school—(i)is not complying with an accreditation criterion; or(ii)has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and
(b)the accreditation criterion the board believes is not being, or has not been, complied with; and(c)briefly, how the board believes the accreditation criterion is not being, or has not been, complied with; and(d)the matter relating to the noncompliance that the board believes is reasonably capable of being rectified; and(e)the reasonable steps the governing body must take to rectify the matter; and(f)that the governing body must take the steps within a stated reasonable period.
(4)The governing body must comply with the compliance notice, unless the governing body has a reasonable excuse.62Report by assessor(1)Before deciding whether to give a school’s governing body a compliance notice about the school’s noncompliance with an accreditation criterion, the board may obtain a written report from an assessor about whether the school is complying with the criterion.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.Division 2Cancellation of accreditations63Grounds for cancellation(1)Each of the following is a ground for cancelling a school’s accreditation for a type of education—(a)the school was accredited because of a materially false or misleading representation or declaration;(b)the school’s governing body is not a corporation;(c)the school’s governing body is not, or is no longer, suitable to be the school’s governing body;Note—See section 39 (Suitability of governing body).(d)the school is not complying, or has not complied, with an accreditation criterion;(e)there has been a change, without the board’s approval under section 52 as applied by section 59, in an attribute of accreditation applying to the school;(f)the school’s governing body has not given the board documents under section 42;(g)the school has not provided the type of education for at least 4 consecutive months;(h)the board is not satisfied the documents given by the school’s governing body to the board, under section 42, are adequate in helping the board to decide whether the school is complying with the accreditation criteria;(i)if the school is a special assistance school, any of the following applies—(i)the school’s governing body has not complied with section 60D(1) or (2);(ii)the declaration given by the school’s governing body under 60D(1)(c) included a materially false or misleading representation;(iii)the school is not complying, or has not complied, with the temporary site criteria.
(2)Also, it is a ground for cancelling a school’s accreditation to provide primary education if the school provides education in the preparatory year without providing primary education for years 1 to 3.s 63 amd 2002 No. 75s 20; 2006 No. 39s 512(2)sch 2; 2014 No. 62s 1664Show cause notice(1)This section applies if—(a)the board reasonably believes a ground exists to cancel a school’s accreditation; and(b)the board—(i)has not given, and does not propose to give, the school’s governing body a compliance notice under section 61 to rectify a matter to which the ground relates; or(ii)has given the governing body a compliance notice under section 61 to rectify a matter to which the ground relates and the governing body—(A)has failed to comply with the compliance notice within the period stated in the notice; and(B)does not have a reasonable excuse for the failure.
(2)The board must give the governing body a notice (a show cause notice) stating the following—(a)the action (the proposed action) the board proposes taking under this division;(b)the grounds for the proposed action;(c)an outline of the facts and circumstances forming the basis for the grounds;(d)an invitation to the governing body to show within a stated period (the show cause period) why the proposed action should not be taken.
(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the governing body.65Representations about show cause notice(1)The governing body may make written representations about the show cause notice to the board in the show cause period.(2)The board must consider all written representations (the accepted representations) made under subsection (1).66Ending show cause process without further actionIf, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists to cancel the accreditation, the board—(a)must not take further action about the show cause notice; and(b)must, as soon as practicable, give notice to the school’s governing body that no further action is to be taken about the show cause notice.
67Cancellation(1)This section applies if after considering the accepted representations for the show cause notice, the board—(a)still believes the ground exists to cancel the accreditation; and(b)believes cancellation of the accreditation is warranted.
(2)This section also applies if there are no accepted representations for the show cause notice.(3)The board may decide to cancel the accreditation.(4)The board must, as soon as practicable, give an information notice about the decision to the school’s governing body.(5)The decision does not take effect until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
68Return of cancelled certificate of accreditation to board(1)This section applies if—(a)the board decides to cancel a school’s accreditation and gives an information notice about the decision to the school’s governing body; and(b)the decision takes effect under section 67(5).
(2)The governing body must return the certificate of accreditation to the board within 14 days after the decision takes effect, unless the governing body has a reasonable excuse.Maximum penalty—20 penalty units.(3)However, subsection (2) does not apply if the governing body made an application to have the decision reviewed under chapter 4 and was successful in having the decision overturned.Division 3Cancellation of provisional accreditations69Application of div 2For cancelling a school’s provisional accreditation, division 2, other than sections 63 and 64(1)(b), applies as if—(a)an accreditation were a provisional accreditation; and(b)a certificate of accreditation were a certificate of provisional accreditation.
70Grounds for cancellation(1)Each of the following is a ground for cancelling a school’s provisional accreditation for a type of education—(a)the school was provisionally accredited because of a materially false or misleading representation or declaration;(b)the school’s governing body is not a corporation;(c)the school’s governing body is not, or no longer, suitable to be the school’s governing body;Note—See section 39 (Suitability of governing body).(d)there has been a change, without the board’s approval under section 52, in an attribute of provisional accreditation applying to the school;(e)the school has not provided the type of education for any 4 consecutive months after the schools student-intake day;(f)if the school is a special assistance school, any of the following applies—(i)the school’s governing body has not complied with section 60D(1) or (2);(ii)the declaration given by the school’s governing body under 60D(1)(c) included a materially false or misleading representation;(iii)the school is not complying, or has not complied, with the temporary site criteria.
(2)Also, it is a ground for cancelling a school’s provisional accreditation to provide primary education if the school provides education in the preparatory year without providing primary education for years 1 to 3.s 70 amd 2002 No. 75s 21; 2006 No. 39s 512(2)sch 2; 2014 No. 62s 17Division 4Surrender of accreditations or provisional accreditationsdiv hdg ins 2002 No. 75s 2270ASurrender(1)A school’s governing body may, by notice given to the board, surrender an accreditation or provisional accreditation of the school.(2)The surrender takes effect on the later of the following—(a)the end of 7 days after the day the notice is given;(b)a day stated in the notice for the surrender.
s 70A ins 2002 No. 75s 22Division 5Grammar schoolsdiv hdg ins 2003 No. 72s 2770BNotice to Minister about action taken in relation to a grammar school(1)This section applies if the board gives any of the following notices to the governing body of a grammar school—(a)a compliance notice;(b)a show cause notice under any provision of this Act;(c)a notice under section 66(b);(d)an information notice about a decision to cancel the school’s accreditation.
(2)The board must also give a copy of the notice to the Minister.(3)In this section—grammar school means a grammar school under the Grammar Schools Act 2016.s 70B ins 2003 No. 72s 27amd 2016 No. 52 s 73Chapter 3Government fundingPart 1Ministerial responsibility, and restrictions on applications, for government funding71Minister responsible for deciding eligibility for Government fundingThe Minister is responsible for deciding whether a school’s governing body is eligible for Government funding for the school.Note—For the payment of allowances in relation to students attending an operating Government-funded school, see the Education (General Provisions) Act 2006, section 368 (Provision of scholarships and payment of allowances).72Restrictions on application for Government funding for school(1)Subsection (2) applies if the Minister decides, under section 88, to refuse to grant an application for Government funding for a school relating to an aspect of the operation of the school.(2)The school’s governing body may not apply for Government funding for the school for the aspect of the operation of the school until after the period, starting after the day of the Minister’s decision, prescribed under a regulation.(3)Also, a school’s governing body may not apply for Government funding for the school if the governing body is an ineligible company.s 72 amd 2005 No. 29s 12Part 2Applications for government fundingDivision 1Application for accredited schooldiv hdg ins 2005 No. 29s 1373Application for Government funding for accredited school(1)The governing body of an accredited school may apply for Government funding for the school.(2)The application must—(a)be in the approved form; and(b)be made to the board; and(c)be accompanied by the fee, if any, prescribed under a regulation.
(3)Subsection (4) applies if the board is satisfied—(a)the school is not being operated for profit; and(b)the applicant is not a party to, and does not intend to enter into, a prohibited arrangement in relation to the operation of the school; and(c)there is no direct or indirect connection between the applicant and a for-profit entity that could reasonably be expected to compromise the independence of the applicant when making financial decisions.
(4)The board must as soon as practicable—(a)give the committee—(i)a copy of the application; and(ii)copies of the documents that accompanied the application; and
(b)give the Minister a notice stating—(i)that the board has received the application; and(ii)the day the application was received.
s 73 sub 2005 No. 29s 1373AFurther information or documents(1)Before deciding whether it is satisfied about a matter mentioned in section 73(3), the board may by notice given to the applicant require the applicant to give the board, within a reasonable time of at least 30 days stated in the notice, further information or a document the board reasonably requires for it to make the decision.(2)The notice may state that the information or document must be verified by a statutory declaration.(3)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with the requirement.s 73A ins 2005 No. 29s 1373BReport by assessor(1)Before deciding whether it is satisfied about a matter mentioned in section 73(3), the board may obtain a written report from an assessor about the matter.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.s 73B ins 2005 No. 29s 1373CBoard not satisfied about particular matter(1)If the board decides it is not satisfied about a matter mentioned in section 73(3), it must as soon as practicable give the applicant an information notice about the decision.(2)The application lapses if—(a)the applicant does not apply for a review of the decision under chapter 4; or(b)the applicant applies for a review of the decision under chapter 4 and the Minister makes a further decision mentioned in section 103(6)(b).
s 73C ins 2005 No. 29s 13Division 2Application for school not yet in operationdiv hdg ins 2005 No. 29s 1374Application for Government funding for school not yet in operation(1)This section applies if the committee receives, under section 17, from the board—(a)a copy of an application for the accreditation of a school; and(b)copies of the documents that accompanied the application.
(2)The applicant is taken to be an applicant for Government funding for the school.(3)The committee is taken to have received an application for Government funding for the school.(4)The applicant is taken to have made an application for Government funding for the school on the day the board received the application for the accreditation of the school.Part 3Public notification of applicationsDivision 1Preliminary75Application of pt 3(1)This part applies if a school’s governing body has made an application for Government funding for the school.(2)Also, this part applies if—(a)a provisionally accredited school’s governing body has made an application, under section 49, about a change in an attribute of provisional accreditation applying to the school, other than a change in the school’s governing body; and(b)the change relates to an aspect of the operation of the school for which the governing body is eligible for Government funding for the school.
(3)In addition, this part applies if—(a)an accredited school’s governing body has made an application, under section 49 as applied by section 59, about a change in an attribute of accreditation applying to the school, other than a change in the school’s governing body; and(b)the change relates to an aspect of the operation of the school for which the governing body is eligible for Government funding for the school.
s 75 amd 2002 No. 75s 74 schDivision 2Public notification requirements76Public notification(1)Subsection (2) applies if the only mode of delivery of education used at the school is distance education.(2)Within 7 days after making an application to which this part applies, the applicant must—(a)give notice about the application (the catchment area notice) to—(i)the governing body of any other school operating in the State offering distance education in the State; and(ii)the principal of any State school offering distance education in the State; and
(b)publish the catchment area notice at least once in a newspaper circulating throughout the State.
(3)Subsection (4) applies if the mode of delivery of education used at the school does not only consist of distance education.(4)Within 7 days after making the application, the applicant must—(a)give notice about the application (also the catchment area notice) to—(i)the governing body of any other school operating in the school’s catchment area; and(ii)the principal of any State school operating in the school’s catchment area; and
(b)publish the catchment area notice at least once in a newspaper circulating throughout the school’s catchment area.
(5)Subsection (6) applies if the application is about a change in the mode of delivery of education, used at the school, to include distance education.(6)For subsection (4), the school’s catchment area is taken to be the catchment area that would apply if the change had been effected.(7)The applicant must also give the catchment area notice to the following persons—(a)the chief executive;(b)the Executive Director, QCEC;(c)the Executive Director, AISQ.
(8)However, the applicant need not comply with a notice requirement under this section for an application (the exempt application) if the committee has advised the applicant that it is satisfied the exempt application is substantially similar to—(a)another application for which a person has complied with the notice requirement within 3 years before the exempt application was made; or(b)an application—(i)made under the Education (General Provisions) Act 1989, section 134B, as in force from time to time before 1 January 2002, within 3 years before the exempt application was made; and(ii)for which a person has complied with the requirements under that Act about giving notice of the application.
(9)This section is subject to section 84.s 76 amd 2002 No. 75s 2377Required content of catchment area notice(1)The catchment area notice must state the following—(a)the name and address of the applicant;(b)a brief description of the application;(c)the school’s location;(d)a description of the school’s catchment area;(e)where the application may be inspected;Note—See section 82 (Inspection of application).(f)where copies of the application, or part of the application, may be obtained;Note—See section 83 (Obtaining a copy of application).(g)that anyone may make a submission to the committee about the application;(h)the period (the submission period) during which submissions may be made;(i)how to make a properly made submission;(j)any other matter prescribed under a regulation.
(2)The submission period must be at least 35 days after making the application.(3)In subsection (1)(e)—application includes copies of any documents that accompanied the application.s 77 amd 2002 No. 75s 2478Notice of compliance or noncompliance with notice requirements(1)The applicant must, within 21 days after making an application to which this part applies, give the committee a notice stating—(a)whether or not the applicant has, for the application, complied with the notice requirements under section 76; and(b)the name and address of each person, if any, to whom the catchment area notice was given under section 76(2)(a) or (4)(a).
(2)If the catchment area notice was published in a newspaper under section 76(2)(b) or (4)(b), a copy of the page of the newspaper containing the catchment area notice must be attached to the notice.(3)Subject to section 84, the committee may only make a recommendation, under section 54, section 54 as applied by section 59, or section 85, about the application if it is satisfied the applicant has complied with the notice requirements under section 76 to the extent they apply to the applicant.s 78 sub 2002 No. 75s 25Division 3Submissions79Right to make submission(1)A person may, within the submission period, make a submission to the committee about the application.(2)The submission may only address the eligibility for Government funding criteria.80Acceptance of submissions(1)The committee must accept a submission, made under section 79, if it—(a)is written; and(b)is signed by or for each person (signatory) who made the submission; and(c)states the name and address of each signatory; and(d)is made to the committee; and(e)is received on or before the last day of the submission period.
(2)A submission complying with subsection (1) is called a properly made submission.(3)The committee may accept a written submission even if it is not a properly made submission.81Response to submissions(1)The committee must, within 10 business days after the submission period ends, give the applicant copies of all submissions accepted by the committee under section 80.(2)The applicant must, within the relevant period, consider the submissions and give the committee a statement of the applicant’s response to the submissions.(3)In this section—relevant period means the later of the following periods to end—(a)20 business days after the applicant is given copies of all submissions accepted by the committee under section 80;(b)if the committee and applicant have, within the 20 business days, agreed to a longer period—the longer period.
Division 4Public access to applications82Inspection of application(1)The committee must, without charge, allow a person to inspect the application.(2)The application is to be made available for inspection, during ordinary office hours, at the board office.(3)The applicant must, without charge, allow a person to inspect the application during ordinary office hours at—(a)if the applicant is a company under the Corporations Act—the applicant’s registered office under that Act; or(b)otherwise—the applicant’s principal place of business in the State.
(4)In this section—application includes copies of any documents that accompanied the application.83Obtaining a copy of application(1)If a person asks the applicant for a copy of the application, or part of the application, the applicant must without charge give the person the copy.(2)In this section—application does not include copies of any documents that accompanied the application.Division 5Noncompliance with notice requirements84Substantial compliance with notice requirements may be accepted(1)This section applies if, after receiving a notice from the applicant under section 78, the committee is not satisfied the applicant has complied with the notice requirements under section 76 to the extent they apply to the applicant.(2)If the committee is satisfied there has been substantial compliance with the requirements, it must decide to make a recommendation, under section 54, section 54 as applied by section 59, or section 85, about the application.(3)If the committee does not make the decision mentioned in subsection (2), it must as soon as practicable notify the applicant of the following—(a)the committee is not satisfied the applicant has complied with the notice requirements;(b)the notice requirements that have not been complied with (the outstanding notice requirements);(c)what the applicant must do to comply with the outstanding notice requirements and a reasonable period within which the outstanding notice requirements must be complied with.
(4)If the applicant receives a notice under subsection (3), the committee must not make the recommendation unless it is satisfied there has been substantial compliance with the outstanding notice requirements within the stated period.(5)If the committee is not satisfied there has been substantial compliance with the outstanding notice requirements within the stated period, it—(a)must not make the recommendation; and(b)must notify the Minister, board and applicant that the recommendation will not be made and the reason for not making the recommendation.
(6)If the application is of the type mentioned in section 73, the application is taken to have been withdrawn immediately after the notification under subsection (5)(b).(7)If the application is other than of the type mentioned in section 73, the aspect of the application about Government funding for the school is taken to have been withdrawn immediately after the notification under subsection (5)(b).(8)In this section—notice requirements under section 76 does not include the requirement about the time, mentioned in section 76, within which the other requirements must be complied with.s 84 amd 2002 No. 75s 26Part 4Recommendations by committee about applications for government funding85Recommendation by committee about application(1)The committee must—(a)consider an application for Government funding for a school received by the committee; and(b)after considering the application, make a recommendation about whether the applicant is eligible for Government funding for the school; and(c)as soon as practicable after making the recommendation, give the recommendation to the board.
(2)As soon as practicable after receiving the recommendation, the board must give the recommendation to the Minister.(3)In considering an application for Government funding for a school that is not yet in operation, the committee must have regard to the following criteria (the eligibility for Government funding criteria)—(a)the likely impact the operation of the school will have on any other schools or State schools operating in the subject school’s catchment area within 5 years after the school’s student-intake day;(b)the extent of religious, philosophical, or educational delivery, choice in education that prospective students residing in the school’s catchment area are likely to have with the establishment of the school;(c)whether the anticipated enrolment of students, other than overseas students, at the school in relation to each site is more than the minimum enrolment for the site;(d)the projected population of school-age children likely to reside in the school’s catchment area within 5 years after the school’s student-intake day;(e)the extent of any unfilled enrolment capacity of any other schools or State schools operating in the school’s catchment area.
(4)In considering an application for Government funding for a school that is in operation, the committee must have regard to the following criteria (also the eligibility for Government funding criteria)—(a)the likely impact the operation of the school will have on any other schools or State schools operating in the subject school’s catchment area within 5 years after the year in which the application is being considered;(b)the extent of religious, philosophical, or educational delivery, choice in education that students residing in the school’s catchment area have with the existence of the school;(c)whether the enrolment of students, other than overseas students, at the school in relation to each site is more than the minimum enrolment for the site;(d)the projected population of school-age children likely to reside in the school’s catchment area within 5 years after the year in which the application is being considered;(e)the extent of any unfilled enrolment capacity of any other schools or State schools operating in the school’s catchment area.
(5)In this section—enrolment capacity, of a school or State school, means the capacity of the school’s, or State school’s, general learning areas to accommodate more students.minimum enrolment, for a site for a school, means the minimum enrolment prescribed by regulation—(a)if the site is not an accredited special assistance site—for a site at which the relevant type of education is offered or proposed to be offered; or(b)if the site is an accredited special assistance site—for a site at which special assistance comprising the relevant type of education is provided.
overseas student means a person who—(a)is not an Australian resident; or(b)holds a student visa issued under the Migration Act 1958 (Cwlth).
recommendation includes reasons for the recommendation.relevant type of education, in relation to a site for a school, means the type of education the school offers, or proposes to offer, at the site.site, for a school, means both of the following—(a)a site mentioned in section 16(3)(b) for the school;(b)for a special assistance school—an accredited special assistance site for the school.
s 85 amd 2014 No. 62s 1886Likely impact of establishment of school on other schools or State schools(1)In considering the criterion mentioned in section 85(3)(a), the committee must have regard to the following—(a)whether there is likely to be a reduction in enrolments at any of the other schools or State schools within the 5 year period because of the establishment of the subject school;(b)whether there is likely to be a reduction in curriculum offerings at any of the other schools or State schools within the 5 year period because of the establishment of the subject school;(c)whether there is likely to be a closure of any of the other schools or State schools within the 5 year period because of the establishment of the subject school.
(2)In considering the criterion mentioned in section 85(4)(a), the committee must have regard to the following—(a)whether there is likely to be a reduction in enrolments at any of the other schools or State schools within the 5 year period because the subject school is a Government-funded school;(b)whether there is likely to be a reduction in curriculum offerings at any of the other schools or State schools within the 5 year period because the subject school is a Government-funded school;(c)whether there is likely to be a closure of any of the other schools or State schools within the 5 year period because the subject school is a Government-funded school.
87Further information or documents to support application(1)The committee may, by notice given to an applicant for Government funding for a school, require the applicant to give the committee within a reasonable time of at least 30 days stated in the notice, further information or a document the committee reasonably requires to make its recommendation on the application.(2)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with the requirement.(3)When giving the notice, the committee must have regard to the time remaining for the Minister to decide the application.Part 5Decision of Minister88Decision on application(1)This section applies if the Minister receives a recommendation, under section 85(2), about an application for Government funding for a school.(2)The Minister must decide whether the applicant is eligible for Government funding for the school.(3)In making the decision, the Minister must have regard to the following—(a)the recommendation;(b)the eligibility for Government funding criteria.
(4)In considering the criterion mentioned in section 85(3)(a) or (4)(a), the Minister must have regard to the same matters the committee must have regard to under section 86.(5)To remove doubt, it is declared that the Minister is not bound by the recommendation.(6)If the Minister decides to grant the application, the Minister must as soon as practicable give the applicant and board notice of the decision.(7)If the Minister decides to refuse to grant the application, the Minister must as soon as practicable—(a)give the applicant an information notice about the decision; and(b)if the application is part of an application for the accreditation of the school—give the board notice of the decision.
(8)In this section—recommendation includes reasons for the recommendation.89Further information or documents to support application(1)The Minister may, by notice given to the applicant, require the applicant to give the Minister within a reasonable time of at least 30 days stated in the notice, further information or a document the Minister reasonably requires to decide the application.(2)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with the requirement.(3)When giving the notice, the Minister must have regard to the time remaining for the Minister to decide the application.90Failure to decide application(1)If the Minister fails to decide the application within 9 months after the application was made—(a)the failure is taken to be a decision of the Minister to refuse to grant the application; and(b)the Minister must, as soon as practicable—(i)give the applicant an information notice about the decision; and(ii)if the application is part of an application for the accreditation of the school—give the board notice of the decision.
(2)This section is subject to section 91.91Further consideration of application(1)This section applies if the Minister considers further time is needed to make a decision on the application because of the complexity of the matters that need to be considered in deciding the application.(2)The applicant and Minister may at any time before the final consideration day agree in writing on a day (the agreed extended day) by which the decision is to be made.(3)The Minister must, as soon as practicable, notify the board of the agreed extended day.(4)If the Minister fails to make the decision by the agreed extended day—(a)the failure is taken to be a decision of the Minister to refuse to grant the application; and(b)the Minister must, as soon as practicable—(i)give the applicant an information notice about the decision; and(ii)if the application is part of an application for the accreditation of the school—give the board notice of the decision.
(5)If the application is part of an application for the accreditation of the school and the Minister gives a notice under subsection (3), the period in which the board must decide whether to provisionally accredit the school is also extended to the agreed extended day.(6)In this section—final consideration day means the day that is 9 months after the application was received by the board.Part 5ARestriction on type of corporationpt 5A (s 91A) ins 2005 No. 29s 1491ARestriction on type of corporation that may be eligible for Government funding for a schoolThe governing body of a Government-funded school must not be an ineligible company.pt 5A (s 91A) ins 2005 No. 29s 14Part 6Withdrawal of eligibility for government fundingDivision 1Preliminary92Application of pt 6This part applies to a school, the governing body of which is eligible for Government funding for the school.Division 2Withdrawal after show cause process93Grounds for withdrawal(1)Each of the following is a ground for the withdrawal of the eligibility for Government funding—(a)the school is being operated for profit;(b)the school’s governing body did not allow an auditor to enter the school’s premises under section 154, after the auditor complied with section 155;(c)the school’s governing body did not comply with section 166;(d)the school’s governing body is a party to a prohibited arrangement in relation to the operation of the school;(e)there is a direct or indirect connection between the school’s governing body and a for-profit entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;(f)the school’s governing body is an ineligible company.
(2)For subsection (1)(d) or (e), it is immaterial when the prohibited arrangement or connection came into existence.s 93 amd 2005 No. 29s 1594Show cause notice(1)This section applies if the board believes a ground exists for the withdrawal of the eligibility for Government funding.(2)The board must give the governing body a notice (a show cause notice) stating the following—(a)the recommendation (the proposed recommendation) the board proposes to make under this division;(b)the grounds for the proposed recommendation;(c)an outline of the facts and circumstances forming the basis for the grounds;(d)an invitation to the governing body to show within a stated period (the show cause period) why the proposed recommendation should not be made.
(3)The show cause period must be a period ending at least 30 days after the show cause notice is given to the governing body.95Representations about show cause notice(1)The governing body may make written representations about the show cause notice to the board in the show cause period.(2)The board must consider all written representations (the accepted representations) made under subsection (1).96Ending show cause process without further actionIf, after considering the accepted representations for the show cause notice, the board no longer believes the ground exists for the withdrawal of the eligibility for Government funding, the board—(a)must not take further action about the show cause notice; and(b)must, as soon as practicable, give notice to the governing body that no further action is to be taken about the show cause notice.
97Recommendation by board(1)This section applies if after considering the accepted representations for the show cause notice, the board still believes the ground exists for the withdrawal of the eligibility for Government funding.(2)This section also applies if there are no accepted representations for the show cause notice.(3)The board must make a recommendation that the eligibility for Government funding be withdrawn.(4)The board must, as soon as practicable after making the recommendation, give the recommendation to the Minister.(5)In this section—recommendation includes reasons for the recommendation.98Decision of Minister(1)This section applies if the Minister receives a recommendation under section 97(4).(2)The Minister must decide whether the eligibility for Government funding should be withdrawn.(3)In making the decision, the Minister must have regard to the recommendation.(4)To remove doubt, it is declared that the Minister is not bound by the recommendation.(5)If the Minister decides to withdraw the eligibility for Government funding, the Minister must as soon as practicable—(a)give the governing body an information notice about the decision; and(b)give the board notice of the decision.
(6)The decision does not take effect until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
(7)If the Minister decides not to withdraw the eligibility for Government funding, the Minister must as soon as practicable give the board and governing body notice of the decision.(8)In this section—recommendation includes reasons for the recommendation.98AReport by assessor(1)Before issuing a show cause notice on a ground mentioned in section 93(1)(a), (d) or (e), the board may obtain a written report from an assessor about the matter.(2)To prepare the report, the assessor may exercise the assessor’s powers under chapter 5, part 3.s 98A ins 2005 No. 29s 16amd 2006 No. 55s 52 schDivision 3Automatic withdrawal99Effect of cancellation of provisional accreditation or accreditation(1)This section applies if the school is provisionally accredited or accredited.(2)If the provisional accreditation or accreditation is cancelled, the eligibility for Government funding is taken to be withdrawn when the cancellation takes effect under this Act.99AEffect of change of particular attributes(1)This section applies to a school if—(a)an attribute of the school’s provisional accreditation or accreditation is changed under section 58D or section 58D as applied by section 59; and(b)because of the change, the school is no longer provisionally accredited or accredited for an aspect of the operation of the school for which the school’s governing body is eligible for Government funding.
(2)The eligibility for Government funding for the aspect is taken to be withdrawn when the change takes effect under this Act.s 99A ins 2002 No. 75s 27100Effect of decision to refuse to provisionally accredit, or accredit, school(1)This section applies if an application has been made to accredit the school.(2)If the board decides to refuse to provisionally accredit, or accredit, the school, the eligibility for Government funding is withdrawn when the decision takes effect under this Act.Chapter 4Reviews of decisions101Who may apply for reviewA person who is given, or is entitled to be given, an information notice for a decision (the original decision) and who is dissatisfied with the decision may apply to the Minister for a review of the decision.102Applying for review(1)The application must be made within 28 days after—(a)if the person is given an information notice about the decision—the day the person is given the information notice; or(b)if paragraph (a) does not apply—the day the person otherwise becomes aware of the decision.
(2)The Minister may, at any time, extend the time for applying for the review.(3)The application for review must be in writing and state fully the grounds of the application.103Review decision about board’s decision(1)This section applies if the original decision was made by the board.(2)The applicant must serve a copy of the application on the board.(3)The Minister must conduct the review on—(a)the material before the board that led to the original decision; and(b)the reasons for the original decision; and(c)any other relevant material the Minister allows (the allowed material).
(4)For the review, the Minister must give the applicant and board a reasonable opportunity to make written representations to the Minister.(5)Without limiting subsection (4), if the allowed material affects the Minister’s decision, the Minister must give the applicant and board a reasonable opportunity to make written representations to the Minister on the material.(6)After reviewing the original decision, the Minister must make a further decision (the review decision) to—(a)refer the matter to which the decision relates back to the board for further consideration, subject to any directions decided by the Minister; or(b)decline to refer the matter to which the decision relates back to the board for further consideration.
(7)The board must comply with the Minister’s directions under subsection (6)(a).(8)The Minister must, as soon as practicable, give the applicant notice of the review decision and any directions under subsection (6)(a).(9)In the board’s annual report for a financial year, under the Financial Accountability Act 2009, the board must also include details of all directions received by it, under subsection (6)(a), during the financial year.s 103 amd 2009 No. 9s 136sch 1104Review decision about Minister’s decision(1)This section applies if the original decision was made by the Minister.(2)The Minister must conduct the review on—(a)the material that led to the original decision; and(b)the reasons for the original decision; and(c)any other relevant material the Minister allows (the allowed material).
(3)For the review, the Minister must give the applicant a reasonable opportunity to make written representations to the Minister.(4)Without limiting subsection (3), if the allowed material affects the Minister’s decision, the Minister must give the applicant a reasonable opportunity to make written representations to the Minister on the material.(5)After reviewing the original decision, the Minister must make a further decision (the review decision) to—(a)confirm the original decision; or(b)amend the original decision; or(c)substitute another decision for the original decision.
(6)The Minister must, as soon as practicable, give the applicant notice (the review notice) of the review decision.(7)If the review decision is not the decision sought by the applicant, the review notice must also state the reasons for the review decision.Chapter 5AdministrationPart 1Non-State Schools Accreditation BoardDivision 1Establishment and functions105Establishment of boardThe Non-State Schools Accreditation Board is established.106Functions of boardThe board has the following functions—(a)to assess applications for accreditation of schools;(b)to accredit schools complying with the accreditation criteria;(c)to keep a register of provisionally accredited, and accredited, schools;(d)to monitor whether accredited schools continue to comply with the accreditation criteria;(e)to monitor whether the governing body of a provisionally accredited, or accredited, school is suitable to continue to be the school’s governing body;Note—See section 39 (Suitability of governing body).(f)to monitor whether a Government-funded school is a school not being operated for profit;(g)to monitor whether the governing body of a Government-funded school is not a party to a prohibited arrangement in relation to the operation of the school;(h)to monitor whether there is no direct or indirect connection between the governing body of a Government-funded school and a for-profit entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;(i)to examine, and advise the Minister about, the operation of the accreditation scheme under this Act, including, for example, the examining of and reporting on a matter referred to the board under section 107;(j)to perform other functions given to the board under this Act or another Act.
s 106 amd 2005 No. 29s 17107Minister may refer accreditation matter to board(1)If the Minister considers there is a matter about the accreditation of schools the board should examine, the Minister may, by notice, refer the matter to the board for its examination.(2)The board must, after completing the examination, give the Minister a written report about the matter.(3)The report may include a recommendation about changing the accreditation scheme under this Act.108Minister’s power to give directions in the public interest(1)The Minister may give the board a written direction about a matter relevant to the performance of its functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.(2)Without limiting subsection (1), the direction may be that the board must comply with—(a)a policy, standard or other instrument applying to a public sector unit; or(b)another document, including, for example, another policy, standard or instrument.
(3)The board must comply with the direction.(4)The direction can not be about—(a)the provisional accreditation, or accreditation, of a particular school; or(b)the changing of a particular school’s provisional accreditation period; or(c)the changing of the attributes of provisional accreditation of a particular school; or(d)the changing of the attributes of accreditation of a particular school; or(e)the cancelling of a provisional accreditation, or accreditation, of a particular school.
(5)In the board’s annual report for a financial year, under the Financial Accountability Act 2009, the board must include copies of all directions given to it under this section during the financial year.s 108 amd 2009 No. 9s 136sch 1Division 2Membership109Membership of board(1)The board consists of the following persons appointed by the Governor in Council—(a)the person nominated by the Minister as the chairperson of the board (the chairperson);(b)3 nominees of the Minister (the Minister’s consultation nominees), nominated after consulting with AISQ and QCEC;(c)1 nominee of the chief executive;(d)1 nominee of AISQ;(e)1 nominee of QCEC.
(2)A Minister’s consultation nominee—(a)must not be a person who is—(i)an employee of the department; or(ii)working full-time in an accredited school; or(iii)a director of an accredited school’s governing body; or(iv)a member of an entity representing the interests of governing bodies of accredited schools; and
(b)must have the qualifications, experience or standing the Minister considers appropriate for membership of the board.
110Nominee of AISQ or QCEC(1)This section applies to the nomination of a person for membership of the board by an entity under section 109(1)(d) or (e).(2)The Minister must give the entity a notice stating a reasonable time within which it may nominate a person for the membership.(3)If the entity does not nominate a person for membership of the board within the time stated in the notice, the Minister may nominate a person for membership and the nomination is taken to have been made by the entity.111Term of appointmentA member must be appointed for a term of not more than 4 years.112Deputy chairperson of board(1)The board must appoint a member as the deputy chairperson of the board.(2)The deputy chairperson holds office for the term decided by the board.(3)A vacancy occurs in the office of deputy chairperson if the person holding the office resigns the office by signed notice of resignation given to the Minister or ceases to be a member.(4)However, a person resigning the office of deputy chairperson may continue to be a member.(5)The deputy chairperson is to act as chairperson—(a)during a vacancy in the office of chairperson; and(b)during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.
113Disqualification from membership(1)A person can not become, or continue as, a member if the person is, or has been, convicted of an indictable offence, and the conviction is not a spent conviction.(2)This section is subject to section 114.(3)In this section—convicted, of an indictable offence, does not include being found guilty of the offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.s 113 amd 2014 No. 62s 7114Discretion if member convicted of indictable offence(1)If the Minister considers it would be reasonable, having regard to the circumstances of the indictable offence of which a person has been convicted, the Minister may—(a)if the person was a member when convicted—give notice to the chairperson and the person that the person is restored as a member, and may be later reappointed, despite the conviction; or(b)otherwise—give written approval for the person to become a member despite the conviction.
(2)On the day the chairperson receives a notice under subsection (1)(a)—(a)the person is restored as a member; and(b)if another person has been appointed to fill the vacancy—the other person’s appointment ends.
(3)If a person is restored as a member under subsection (2), the person’s term of office as a member ends when it would have ended if the person had not been convicted of the offence.114AMinister’s power to obtain criminal history(1)The Minister may ask the commissioner of the police service for—(a)a written report about the criminal history of a member or prospective member (a relevant person); and(b)a brief description of the circumstances of a conviction mentioned in the report.
(2)However, the Minister may make the request only if the relevant person has given the Minister written consent for the request.(3)The commissioner of the police service must comply with the request.(4)However, subsection (3) applies only in relation to information in the commissioner’s possession or to which the commissioner has access.(5)The Minister must ensure that a report about a relevant person is destroyed as soon as practicable after it is no longer needed for the purpose for which it was obtained.s 114A ins 2014 No. 62s 8114BCriminal history is confidential(1)A person must not, directly or indirectly, disclose a report, or information contained in a report, given under section 114A, to anyone else unless the disclosure is permitted under subsection (2).Maximum penalty—100 penalty units.(2)The person may make the disclosure to someone else—(a)to the extent necessary to perform the person’s functions under this Act; or(b)for the purpose of the other person performing a function under this Act; or(c)if the disclosure is authorised under an Act; or(d)if the disclosure is otherwise required or permitted by law; or(e)if the person to whom the information relates consents to the disclosure.
s 114B ins 2014 No. 62s 8114CChanges in criminal history must be disclosed(1)If there is a change in the criminal history of a member, the member must immediately give notice of the change to the Minister, unless the member has a reasonable excuse.Maximum penalty—100 penalty units.(2)The notice must include the following information—(a)the existence of the conviction;(b)when the offence was committed;(c)details adequate to identify the offence;(d)the sentence imposed on the person.
(3)If a member does not have a criminal history, there is taken to be a change in the member’s criminal history if the member acquires one.(4)In this section—criminal history, of a member, means the member’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, to the extent the criminal history relates to indictable offences, other than spent convictions.s 114C ins 2014 No. 62s 8115Vacation of office(1)A member is taken to have vacated office if the member—(a)resigns his or her office by signed notice of resignation given to the Minister; or(b)can not continue as a member under section 113; or(c)is absent, without the board’s permission, from 3 consecutive board meetings of which proper notice has been given.
(2)Also, a member who is a Minister’s consultation nominee is taken to have vacated office if the member becomes a person mentioned in section 109(2)(a).(3)Subsection (1)(b) has effect subject to section 114.(4)In this section—meeting means—(a)if the member does not attend—a meeting with a quorum present; or(b)if the member attends—a meeting with or without a quorum present.
116When notice of resignation takes effectA notice of resignation mentioned in section 112(3) or 115(1)(a) takes effect when the notice is given to the Minister or, if a later time is stated in the notice, the later time.117Remuneration of a memberA member is entitled to be paid the fees and allowances decided by the Governor in Council.Division 3Board business118Conduct of businessSubject to this division, the board must conduct its business, including its meetings, in the way it considers appropriate.119Times and places of meetings(1)Board meetings must be held at the times and places the chairperson decides.(2)However, the chairperson must call a meeting if asked, in writing, to do so by the Minister or at least the number of members required to form a quorum for the board.(3)The board must meet as often as necessary for it to perform its functions.(4)Without limiting subsection (3), the board must meet at least 4 times a year.120QuorumA quorum for the board is the number equal to one-half of the number of its members or, if one-half is not a whole number, the next highest whole number.121Presiding at meetings(1)The chairperson must preside at all board meetings at which the chairperson is present.(2)If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson must preside.(3)If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a member chosen by the members present must preside.122Attendance by proxy(1)A member may attend a board meeting by proxy.(2)A member is not entitled to preside at a meeting merely because the member is the proxyholder for another member who, if present, would be entitled to preside.123Conduct of meetings(1)A question at a board meeting is decided by a majority of the votes of the members present.(2)Each member present at a board meeting has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.(3)A member present at a board meeting who abstains from voting is taken to have voted for the negative.(4)The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meetings, including, for example, by using teleconferencing.(5)A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting.(6)A resolution is validly made by the board, even if it is not passed at a board meeting, if—(a)notice of the resolution is given under procedures approved by the board; and(b)a majority of the members gives written agreement to the resolution.
124MinutesThe board must keep minutes of its meetings.125Disclosure of interest(1)This section applies to a member (the interested member) if—(a)the interested member has a direct or indirect interest in an issue being considered, or about to be considered, by the board; and(b)the interest could conflict with the proper performance of the interested member’s duties for considering the issue.
(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a board meeting.(3)Unless the board otherwise directs, the interested member must not—(a)be present when the board considers the issue; or(b)take part in a decision of the board about the issue.
(4)The interested member must not be present when the board is considering whether to give a direction under subsection (3).(5)If there is another member who must, under subsection (2), also disclose an interest in the issue, the other member must not—(a)be present when the board is considering whether to give a direction mentioned in subsection (3) about the interested member; or(b)take part in making the decision about giving the direction.
(6)If—(a)because of this section, a member is not present at a board meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and(b)there would be a quorum if the member were present;
the remaining members present are a quorum of the board for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.(7)A disclosure under subsection (2) must be recorded in the board’s minutes.Division 4Board committees126Committees(1)The board may establish committees of the board for effectively and efficiently performing its functions.(2)The Non-State Schools Eligibility for Government Funding Committee is taken to be a committee of the board.(3)A committee may include a person who is not a member.(4)The board must decide the terms of reference of a committee, other than the Non-State Schools Eligibility for Government Funding Committee.(5)The board may decide matters about a committee that are not provided for under this Act, including, for example, the way a committee must conduct meetings.Division 5Administrative support of board and its committees127Administrative supportThe chief executive must ensure the board and its committees have the administrative support services reasonably required for the bodies to carry out their functions effectively and efficiently.Division 6Other provisions about the board128Board is statutory body under the Financial Accountability Act 2009The board is a statutory body under the Financial Accountability Act 2009.s 128 amd 2009 No. 9s 136sch 1129Board is statutory body under the Statutory Bodies Financial Arrangements Act 1982(1)The board is a statutory body under the Statutory Bodies Financial Arrangements Act 1982.(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.130Budget(1)The board must, in relation to each financial year, develop, adopt and submit to the Minister a budget by the day the Minister directs.(2)A budget has no effect until approved by the Minister.(3)During a financial year, the board may develop, adopt and submit to the Minister amendments to its approved budget in relation to the financial year.(4)An amendment has no effect until approved by the Minister.131Compliance with approved budget(1)The board must comply with its approved budget in relation to a financial year.(2)If the board makes a disbursement in a financial year that is not provided for in its approved budget in relation to the financial year, the members who knowingly agreed to the disbursement (the relevant members) are jointly and severally liable to repay the amount of the disbursement to the board.(3)A person appointed in writing by the Minister for the purpose may recover, on the board’s behalf, the amount from the relevant members as a debt.132Guidelines(1)The board may make guidelines about—(a)the methodology to be followed in considering matters relevant to the board’s decision about a school’s compliance with the accreditation criteria; or(b)the methodology to be followed in the committee’s consideration of the eligibility for Government funding criteria in relation to a school; or(c)administrative matters relevant to applications under this Act.
(2)A guideline may be amended or replaced by a later guideline made under this section.(3)The board must keep copies of a guideline available for supply to persons and allow a person to obtain a copy of the guideline, or a part of the guideline, without fee.Part 2Non-State Schools Eligibility for Government Funding Committee133Establishment of committeeA committee known as the Non-State Schools Eligibility for Government Funding Committee is established.134Functions of committeeThe committee has the following functions—(a)to assess, or reassess, the eligibility of a school’s governing body for Government funding for the school;(b)to make recommendations, for the Minister’s consideration, about the eligibility of a school’s governing body for Government funding for the school.
135Membership of committee(1)The committee consists of the following persons appointed by the Governor in Council—(a)1 nominee of the Minister, who is the chairperson of the committee;(b)1 nominee of the Minister (the Minister’s consultation committee nominee), nominated after consulting with AISQ and QCEC;(c)1 nominee of the chief executive;(d)1 nominee of AISQ;(e)1 nominee of QCEC;(f)1 nominee of the board who has expertise in demography and town-planning matters, whose nomination is agreed to by the chief executive, AISQ and QCEC.
(2)The Minister’s consultation committee nominee—(a)must not be a person who is—(i)an employee of the department; or(ii)working full-time in an accredited school; or(iii)a director of an accredited school’s governing body; or(iv)a member of an entity representing the interests of governing bodies of accredited schools; and
(b)must have the qualifications, experience or standing the Minister considers appropriate to membership of the committee.
(3)A committee member must be appointed for a term of not more than 4 years.(4)Sections 113 to 116 apply as if—(a)a member were a committee member; and(b)the chairperson were the committee’s chairperson; and(c)the board were the committee.
(5)Also, section 115(2) applies as if—(a)the reference to a Minister’s consultation nominee were a reference to the Minister’s consultation committee nominee; and(b)the reference to section 109(2)(a) were a reference to section 135(2)(a).
136Participation of board’s chairperson in committee’s meetings(1)The board’s chairperson may participate in any of the committee’s deliberations, but has no voting rights at a meeting of the committee.(2)For the purpose mentioned in subsection (1), the committee must give the board’s chairperson timely notice of a meeting of the committee.137Certain nominee committee members(1)This section applies for the nomination of a person for a position on the committee under section 135(1)(d) or (e).(2)The board must give the entity who may make the nomination a notice stating a reasonable time within which it may nominate the person for the position.(3)If the entity does not nominate a person for the position within the time stated in the notice, the board may nominate a person for the position and the nomination is taken to have been made by the entity.138Remuneration of a committee memberA committee member is entitled to be paid the fees and allowances decided by the Governor in Council.139Disclosure of interests by committee members(1)This section applies to a committee member (the interested member) if—(a)the interested member has a direct or indirect financial interest in an issue being considered, or about to be considered, by the committee; and(b)the interest could conflict with the proper performance of the interested member’s duties about the consideration of the issue.
(2)As soon as practicable after the relevant facts come to the interested member’s knowledge, the interested member must disclose the nature of the interest to a committee meeting.(3)Unless the committee otherwise directs, the interested member must not—(a)be present when the committee considers the issue; or(b)take part in a decision of the committee about the issue.
(4)The interested member must not be present when the committee is considering whether to give a direction under subsection (3).(5)If there is another committee member who must, under subsection (2), also disclose an interest in the issue, the other committee member must not—(a)be present when the committee is considering whether to give a direction under subsection (3) about the interested member; or(b)take part in making the decision about giving the direction.
(6)If—(a)because of this section, a committee member is not present at a committee meeting for considering or deciding an issue, or for considering or deciding whether to give a direction under subsection (3); and(b)there would be a quorum if the committee member were present;
the remaining committee members present are a quorum of the committee for considering or deciding the issue, or for considering or deciding whether to give the direction, at the meeting.(7)A disclosure under subsection (2) must be recorded in the committee’s minutes.Part 3Authorised personsDivision 1Preliminary140Application of Working with Children Act, ch 8For the Working with Children Act, chapter 8, a person is taken to be a person carrying on a regulated business under that Act by being an authorised person.s 140 amd 2004 No. 13s 102sch 2 pt 1; 2010 No. 5s 166; 2014 No. 28s 105sch 1Division 2Functions and powers of authorised persons141Functions of assessorAn assessor has the functions of finding out the following—(a)whether a provisionally accredited, or accredited, school is complying with the accreditation criteria;(b)whether a Government-funded school is not being operated for profit;(c)whether an accredited school, the governing body of which is applying for Government funding for the school, is not being operated for profit;(d)whether the governing body of a Government-funded school is a party to a prohibited arrangement in relation to the operation of the school;(e)whether there is a direct or indirect connection between the governing body of a Government-funded school and a for-profit entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;(f)whether the governing body of an accredited school that is applying for Government funding for the school is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school;(g)whether there is a direct or indirect connection between the governing body of an accredited school that is applying for Government funding for the school and a for-profit entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;(h)whether the governing body of a provisionally accredited, or accredited, school is suitable to continue to be the school’s governing body;Note—See section 39 (Suitability of governing body).(i)whether a special assistance school providing special assistance at a temporary site is complying with the temporary site criteria.
s 141 sub 2005 No. 29s 18amd 2014 No. 62s 19142Function of auditorAn auditor has the function of verifying school survey data relating to a provisionally accredited, or accredited, school given to the board under section 166.143Powers of authorised personFor this Act, an authorised person has the powers given to the person under this Act.Division 3Appointment of authorised persons and other matters144Appointment(1)The board may, in writing, appoint a person as an assessor if the board considers the person—(a)has the necessary expertise or experience to be an assessor; and(b)to be a suitable person to perform the function of an assessor.
(2)Subsection (1) does not limit the issues the board may consider when deciding whether to appoint a person as an assessor.(3)The board may, in writing, appoint a person as an auditor if the board considers the person—(a)has the necessary expertise or experience to be an auditor; and(b)to be a suitable person to perform the function of an auditor.
(4)Subsection (3) does not limit the issues the board may consider when deciding whether to appoint a person as an auditor.(5)A person may be appointed both an assessor and an auditor.145Suitability of proposed authorised person(1)This section applies if the board is considering whether to appoint a person as an assessor or auditor.(2)The board must decide that the person is not a suitable person to perform the function of an assessor or auditor if the person does not have a current positive notice or current positive exemption notice.(3)Also, in considering the suitability of the person to perform the function of an assessor or auditor, the board must have regard to, and may make inquiries about, the person’s character and standing.(4)Subsections (2) and (3) do not limit the issues to which the board may have regard in considering the suitability of a person to perform the function of an assessor or auditor.s 145 amd 2010 No. 5s 167146Appointment conditions(1)An authorised person holds office on the conditions stated in the instrument of appointment.(2)One of the conditions must be that the authorised person notify the board of the authorised person making either of the following applications within 7 days after making the application—(a)an application for a prescribed notice under the Working with Children Act, section 211;(b)an application for an exemption notice under the Working with Children Act, section 272.
(3)If the instrument of appointment provides for a term of appointment, the authorised person ceases to hold office at the end of the term.(4)An authorised person may resign by signed notice of resignation given to the board.s 146 amd 2004 No. 13s 102sch 2 pt 1; 2004 No. 49s 53 sch; 2010 No. 5s 168; 2014 No. 28s 105sch 1147Identity card(1)The board must give an identity card to each authorised person.(2)The identity card must—(a)contain a recent photograph of the authorised person; and(b)contain a copy of the authorised person’s signature; and(c)identify the person as an assessor, an auditor, or an assessor and an auditor, for this Act; and(d)state an expiry date for the card.
(3)This section does not prevent the issue of a single identity card to a person for this Act and other Acts.148Failure to return identity cardA person who ceases to be an authorised person must return the person’s identity card to the chairperson within 7 days after the person ceases to be an authorised person, unless the person has a reasonable excuse.Maximum penalty—10 penalty units.149Production or display of authorised person’s identity cardAn authorised person may exercise a power in relation to someone else (the other person) only if the authorised person—(a)first produces the authorised person’s identity card for the other person’s inspection; or(b)has the identity card displayed so it is clearly visible to the other person.
Division 4Powers of assessors150Purpose of div 4The purpose of this division is to provide for the assessor’s powers that are necessary to be exercised for preparing a report mentioned in section 33, 38, 38C, 38F, 41A, 62, 73B or 98A.s 150 amd 2005 No. 29s 19; 2006 No. 39s 512(2)sch 2; 2014 No. 62s 20151Entry of school premises by assessorAn assessor may enter a school’s premises, during ordinary office hours, after complying with section 152.152Notice of entry(1)If an assessor wishes to enter a school’s premises, the assessor must give the school’s governing body a notice advising the governing body—(a)the purpose of the entry; and(b)the day on which entry is proposed.
(2)The day on which entry is proposed must not be less than 14 days after the day the notice is given to the governing body.(3)In deciding the period of notice to be given before entering the school’s premises, the assessor must have regard to the circumstances of the proposed entry.153General powers after entering premises(1)This section applies to an assessor who enters a school’s premises under section 151.(2)For performing the assessor’s function, the assessor may—(a)inspect any part of the premises that are usually used for the teaching of students; or(b)take an extract, or copy, of a document at the premises; or(c)require the school’s governing body to give the assessor information, or produce a document to the assessor, to help the assessor to prepare the report.
Division 5Powers of auditors154Entry of school premises by auditorAn auditor may enter a school’s premises, during ordinary office hours, after complying with section 155.155Notice of entry(1)If an auditor wishes to enter a school’s premises, the auditor must give the school’s governing body a notice advising the governing body—(a)the purpose of the entry; and(b)the day on which entry is proposed.
(2)There must be at least 1 day between the day the notice is given to the governing body and the day on which entry is proposed.(3)In deciding the period of notice to be given before entering the school’s premises, the auditor must have regard to the circumstances of the proposed entry.156General powers after entering premises(1)This section applies to an auditor who enters a school’s premises under section 154.(2)For performing the auditor’s function, the auditor may—(a)physically verify—(i)for a school offering classroom education—that certain students enrolled for classroom education at the school are attending the school; or(ii)for a school offering distance education—that certain students enrolled for distance education at the school are undertaking the education; or
(b)take an extract, or copy, of a document at the premises; or(c)require the school’s governing body to give the auditor information or produce a document to the auditor.
Division 6General enforcement matters157Impersonation of authorised personA person must not pretend to be an authorised person.Maximum penalty—100 penalty units.Part 4Legal proceedingsDivision 1Evidence158Application of div 1This division applies to a proceeding under this Act.159Appointments and authorityIt is not necessary to prove—(a)a member’s, committee member’s, or authorised person’s appointment; or(b)the Minister’s appointment; or(c)the authority of the Minister, or a member, committee member or authorised person to do anything under this Act.
160SignaturesA signature purporting to be the signature of the Minister, the chairperson, the committee’s chairperson, or a member, committee member or authorised person is evidence of the signature it purports to be.161Evidentiary provisions(1)A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—(a)a stated document is one of the following things made, given, issued or kept under this Act—(i)an appointment, approval or decision;(ii)a notice, direction or requirement;(iii)a certificate of provisional accreditation;(iv)a certificate of accreditation;(v)a record, or an extract from a record;(vi)the register, or an extract from the register;
(b)a stated document is another document kept under this Act;(c)a stated document is a copy of a thing mentioned in paragraph (a) or (b);(d)on a stated day, or during a stated period, a stated school was or was not provisionally accredited;(e)on a stated day, or during a stated period, a stated school was or was not accredited;(f)on a stated day, or during a stated period, a provisional accreditation or accreditation of a school was or was not in force;(g)on a stated day, a provisional accreditation or accreditation of a school was cancelled;(h)on a stated day, or during a stated period, a school’s governing body was or was not eligible for Government funding for the school;(i)on a stated day, or during a stated period, an appointment as an authorised person was, or was not, in force for a stated person;(j)on a stated day, a stated person was given a stated notice or direction under this Act;(k)on a stated day, a stated requirement was made of a stated person.
(2)A statement in a complaint for an offence against this Act that the matter of the complaint came to the knowledge of the complainant on a stated day is evidence of the matter stated.Division 2Proceedings162Summary proceedings for offences(1)Proceedings for an offence against this Act must be taken in a summary way under the Justices Act 1886.(2)The proceeding must start—(a)within 1 year after the commission of the offence; or(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.
(3)Proceedings for an offence against section 10 may only be taken on the complaint of the Minister.163Allegations of false or misleading information or documentsIn any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was, without specifying which, ‘false or misleading’.Part 5Register164Register to be kept(1)The board must keep a register about provisionally accredited, and accredited, schools.(2)The register may be kept in the way the board considers appropriate, including, for example, in an electronic form.(3)The register must contain each of the following details for a provisionally accredited, or accredited, school—(a)the school’s name;(b)if the school is provisionally accredited—(i)the school’s student-intake day; and(ii)the school’s provisional accreditation period; and(iii)the attributes of provisional accreditation applying to the school;
(c)if the school is accredited—(i)the day of its accreditation; and(ii)the attributes of accreditation applying to the school;
(d)details of the type of education that may be provided at the school;(e)any other details prescribed under a regulation.
165Inspection of registerThe board must—(a)keep the register open for inspection, on payment of the fee if any prescribed under a regulation, at the board office by members of the public during ordinary office hours; and(b)give a person a copy of the register, or a part of it, on payment of the fee prescribed under a regulation.
Chapter 6Miscellaneous166School survey data(1)This section applies to the governing body of—(a)a provisionally accredited school that is in operation; or(b)an accredited school.
(2)The governing body must give the board details about the school prescribed under a regulation (school survey data).(3)The school survey data must—(a)relate to the day prescribed by regulation (the relevant day); and(b)be in the approved form.
(4)The data must be given within 7 days after the relevant day.s 166 amd 2016 No. 46 s 4167Notification of change in circumstances(1)This section applies to the governing body of—(a)a provisionally accredited school that is in operation; or(b)an accredited school.
(2)The governing body must within 14 days after the happening of each of the following events give the board notice of the event—(a)the closure of the school;(b)the school stops offering a year of schooling for which it is provisionally accredited or accredited;(c)the governing body is affected by control action under the Corporations Act;(d)for a Government-funded school—the school starts to be operated for profit;(e)any other change in the governing body’s, or school’s, circumstances prescribed under a regulation.
Maximum penalty—20 penalty units.(3)For subsection (2)(c), the governing body is affected by control action under the Corporations Act if the governing body—(a)has executed a deed of company arrangement under the law; or(b)is the subject of a winding-up (whether voluntarily or under a court order) under that Act; or(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.
(4)If the governing body is a RECI Act corporation, the governing body must, within 14 days after a person is validly nominated as a director of the governing body under section 7AA(b)(ii), give the board a notice, signed by each declared director for the time being of the governing body, stating—(a)the name of the nominated person; and(b)the date of the nomination.
Maximum penalty—20 penalty units.s 167 amd 2014 No. 62s 9168Disclosure of application for prescribed notice or exemption notice under Working with Children Act(1)Subsection (3) applies if—(a)an application is made to the board for the provisional accreditation, or accreditation, of a school and the application has not been decided; and(b)a director of the school’s governing body—(i)applies for a prescribed notice under the Working with Children Act, section 211; or(ii)applies for an exemption notice under the Working with Children Act, section 272.
(2)Subsection (3) also applies if—(a)an application is made to the board under section 49, or section 49 as applied by section 59, for a change in a provisionally accredited, or accredited, school’s governing body and the application has not been decided; and(b)a director of the school’s proposed governing body—(i)applies for a prescribed notice under the Working with Children Act, section 211; or(ii)applies for an exemption notice under the Working with Children Act, section 272.
(3)The director must, within 7 days after making the application for the prescribed notice, notify the board of the application.Maximum penalty—20 penalty units.s 168 amd 2004 No. 13s 102sch 2 pt 1; 2004 No. 49s 53 sch; 2010 No. 5s 169; 2014 No. 28s 105sch 1169Disclosure of details of any indictable offence(1)Subsection (2) applies to a person who—(a)becomes a director of the governing body of a provisionally accredited, or accredited, school; and(b)has a criminal history.
(2)The person must, within 7 days after becoming a director of the governing body, give the board a notice stating—(a)the name, address and date of birth of the person; and(b)details of any indictable offence included in the criminal history.
Maximum penalty—20 penalty units.(3)Subsection (6) applies if a director of the governing body of a provisionally accredited, or accredited, school is convicted of an indictable offence.(4)Also, subsection (6) applies if—(a)an application is made to the board for the provisional accreditation, or accreditation, of a school and the application has not been decided; and(b)a director of the school’s governing body is convicted of an indictable offence.
(5)In addition, subsection (6) applies if—(a)an application is made to the board under section 49, or section 49 as applied by section 59, for a change in a provisionally accredited, or accredited, school’s governing body and the application has not been decided; and(b)a director of the proposed governing body of the school is convicted of an indictable offence.
(6)The director must, within 7 days after the conviction, give the board a notice stating details of the indictable offence.Maximum penalty—20 penalty units.(7)A notice given under this section must be signed by the person giving the notice.(8)In this section—convicted, of an indictable offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.indictable offence includes an indictable offence dealt with summarily.s 169 amd 2014 No. 62s 10170Protecting officials from liability(1)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.(3)In this section—official means—(a)the Minister; or(b)a member; or(c)a member of a board committee, established under section 126, who is not a board member; or(d)an authorised person.
171Publication of information identifying school operating without accreditation or provisional accreditation(1)If the board, honestly and on reasonable grounds, believes a school is being operated without accreditation or provisional accreditation, the board may publish information that identifies, or is likely to lead to the identification of, the school.(2)The board and the board members are not liable, civilly, criminally or under an administrative process, for publishing the information.(3)Without limiting subsection (2)—(a)in a proceeding for defamation, the board and each board member has a defence of absolute privilege for publishing the information; and(b)if the board or a board member would otherwise be required to maintain confidentiality about the published information under an Act, oath, rule of law or practice—the board or the board member does not contravene the requirement by publishing the information.
172False or misleading information or documents(1)A person must not give information to the board or committee the person knows is false or misleading in a material particular.Maximum penalty—20 penalty units.(2)A person must not give the board or committee a document containing information the person knows is false or misleading in a material particular.Maximum penalty—20 penalty units.(3)Subsection (2) does not apply to a person if the person, when giving the document—(a)tells the board or committee, to the best of the person’s ability, how it is false or misleading; and(b)if the person has, or can reasonably obtain, the correct information—gives the correct information.
173Confidentiality of information(1)This section applies to the following persons—(a)a person who is, or was, the Minister;(b)a person who is, or was, a member;(c)a person who is, or was, a committee member;(d)a person who is, or was, an authorised person;(e)another person who is, or was, involved in the administration of this Act, including, for example, as a public service employee.
(2)The person must not disclose protected information if—(a)the disclosure would be likely to adversely affect the commercial interests of the person to whom the information relates; or(b)it is about a child and identifies, or is likely to identify, the child; or(c)it is about someone else’s criminal history.
Maximum penalty—20 penalty units.(3)Subsection (2) does not apply if—(a)the information is disclosed—(i)in the performance of functions under this Act; or(ii)with the written consent of—(A)if the person to whom the information relates is not a child —the person; or(B)if the person to whom the information relates is a child—a parent or guardian of the child; or
(iii)to the person to whom the information relates; or
(b)the information is otherwise publicly available; or(c)the information is given in all the following circumstances—(i)the chief executive gives the information to the Commonwealth or another State, or an entity of the Commonwealth or another State, under an agreement with the Commonwealth, other State or entity;(ii)the agreement is prescribed under a regulation for this paragraph;(iii)the chief executive is satisfied the giving of the information is in the public interest; or
(d)the information is disclosed to the chief executive to allow the chief executive to act under paragraph (c); or(e)the information is disclosed to a law enforcement agency and the person is reasonably satisfied the disclosure is necessary for the prevention, detection, investigation, prosecution or punishment of a criminal offence or a breach of a law imposing a penalty or sanction; or(f)the information is disclosed to a court for the purposes of the prosecution of a person for an offence in any jurisdiction; or(g)the disclosure of the information is authorised or permitted under an Act or required by law.
(4)The Commonwealth, other State or entity that receives information under subsection (3)(c)—(a)must not give the information to anyone else; and(b)must ensure the information is used only for the purpose for which it was given.
(5)In this section—information includes a document.law enforcement agency see the Information Privacy Act 2009, schedule 5, definition law enforcement agency, paragraph (a).protected information means information disclosed to, or obtained by, a person to whom this section applies in the course of performing, or because of, the person’s functions under this Act.s 173 amd 2016 No. 46 s 5174Claim by person as to accreditation or provisional accreditation of school(1)A person must not hold out a school as being accredited if it is not accredited.Maximum penalty—100 penalty units.(2)A person must not hold out a school as being provisionally accredited if it is not provisionally accredited.Maximum penalty—100 penalty units.175Delegation by MinisterThe Minister may delegate the Minister’s powers under this Act to an appropriately qualified person.s 175 amd 2014 No. 62s 140sch 1176Approval of formsThe board may approve forms for use under this Act.177Regulation-making power(1)The Governor in Council may make regulations under this Act.(2)A regulation may be made about fees, including the refunding of fees, for this Act.Chapter 7Transitional provisions for Act No. 60 of 2001ch hdg amd 2002 No. 75s 74 schPart 1Preliminary178Definitions for ch 7In this chapter—commencement means commencement of this section.General Provisions Act means the Education (General Provisions) Act 1989.s 178 amd 2010 No. 5s 170Part 2Non-State Schools under General Provisions Act179Existing operating non-State school under General Provisions Act(1)This section applies to a school that, immediately before the commencement, was an operating non-State school under the General Provisions Act.(2)The school is taken to be accredited to provide the type of education it was providing immediately before the commencement.(3)The accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(4)The attribute or condition is taken to be an attribute of accreditation applying to the school.(5)The board must, as soon as practicable after the commencement, issue a certificate of accreditation to the school’s governing body.180Existing non-operating non-State school under General Provisions Act(1)This section applies to a school that, immediately before the commencement, was a non-State school under the General Provisions Act, but was not in operation.(2)The school is taken to be provisionally accredited to provide the type of education it was allowed to provide immediately before the commencement.(3)The provisional accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(4)The attribute or condition is taken to be an attribute of provisional accreditation applying to the school.(5)The school’s governing body is taken to have made application, under section 16, to the board for the accreditation of the school.(6)The school’s student-intake day is taken to be the school’s first day of operation mentioned in the application made under guidelines mentioned in section 2(2) of the General Provisions Act for the purpose of the Minister forming the opinion that the school is a non-State school under that Act.(7)The board must, as soon as practicable after the commencement, issue a certificate of provisional accreditation to the school’s governing body.181Existing application for non-State school status—operating school(1)This section applies if, before the commencement—(a)an application was made, under the guidelines mentioned in section 2(2) of the General Provisions Act, for the purpose of the Minister forming the opinion that an operating school is a non-State school under that Act; and(b)the application had not been decided.
(2)The application must be decided by the Minister, under the General Provisions Act, as if this Act had not commenced.(3)Subsections (4) to (8) apply if the Minister decides to grant the application.(4)The school is taken to be accredited to provide the type of education it was providing immediately before the commencement.(5)The accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(6)The attribute or condition is taken to be an attribute of accreditation applying to the school.(7)The conditions mentioned in guideline 2.5 of the guidelines are not to attach to the accreditation.(8)The board must, as soon as practicable, issue a certificate of accreditation to the school’s governing body.182Outstanding review of Minister’s decision—operating school(1)This section applies if, before the commencement—(a)the Minister decided to refuse to grant an application made, in relation to an operating school, under the guidelines mentioned in section 2(2) of the General Provisions Act for the purpose of the Minister forming the opinion that the school is a non-State school under that Act; and(b)the applicant had made a submission about the decision under guideline 2.4 of the guidelines and the submission had not been finally considered by the Minister.
(2)The submission must be considered by the Minister, under the General Provisions Act, as if this Act had not commenced.(3)Subsections (4) to (8) apply if the Minister decides, after considering the submission, to grant the application.(4)The school is taken to be accredited to provide the type of education it was providing immediately before the commencement.(5)The accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(6)The attribute or condition is taken to be an attribute of accreditation applying to the school.(7)The conditions mentioned in guideline 2.5 of the guidelines are not to attach to the accreditation.(8)The board must, as soon as practicable, issue a certificate of accreditation to the school’s governing body.183Existing application for non-State school status—non-operating school(1)This section applies if, before the commencement—(a)an application was made, under the guidelines mentioned in section 2(2) of the General Provisions Act, for the purpose of the Minister forming the opinion that a school not in operation is a non-State school under that Act; and(b)the application had not been decided.
(2)The application must be decided by the Minister, under the General Provisions Act, as if this Act had not commenced.(3)Subsections (4) to (10) apply if the Minister decides to grant the application.(4)The school is taken to be provisionally accredited to provide the type of education that was the subject of the application.(5)The provisional accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(6)The attribute or condition is taken to be an attribute of provisional accreditation applying to the school.(7)The school’s governing body is taken to have made application, under section 16, to the board for the accreditation of the school.(8)The school’s student-intake day is taken to be the school’s first day of operation mentioned in the application made under the guidelines.(9)The conditions mentioned in guideline 2.5 of the guidelines are not to attach to the provisional accreditation.(10)The board must, as soon as practicable, issue a certificate of provisional accreditation to the school’s governing body.184Outstanding review of Minister’s decision—non-operating school(1)This section applies if, before the commencement—(a)the Minister decided to refuse to grant an application made, under the guidelines mentioned in section 2(2) of the General Provisions Act, for the purpose of the Minister forming the opinion that a school not in operation is a non-State school under that Act; and(b)the applicant had made a submission about the decision under guideline 2.4 of the guidelines and the submission had not been finally considered by the Minister.
(2)The submission must be considered by the Minister, under the General Provisions Act, as if this Act had not commenced.(3)Subsections (4) to (10) apply if the Minister decides, after considering the submission, to grant the application.(4)The school is taken to be provisionally accredited to provide the type of education that was the subject of the application.(5)The provisional accreditation is subject to—(a)any attribute, of a type mentioned in section 16(3), applying to the school immediately before the commencement; and(b)any condition, as mentioned in section 2A(4) of the General Provisions Act, applying to the school immediately before the commencement.
(6)The attribute or condition is taken to be an attribute of provisional accreditation applying to the school.(7)The school’s governing body is taken to have made application, under section 16, to the board for the accreditation of the school.(8)The school’s student-intake day is taken to be the school’s first day of operation mentioned in the application made under the guidelines.(9)The conditions mentioned in guideline 2.5 of the guidelines are not to attach to the provisional accreditation.(10)The board must, as soon as practicable, issue a certificate of provisional accreditation to the school’s governing body.185Governing body of school is not a corporation(1)This section applies if—(a)a school is provisionally accredited, or accredited, under this division; and(b)the governing body of the school is not a corporation at the time of the provisional accreditation or accreditation.
(2)Despite section 11, the school may continue to have a governing body that is not a corporation for up to 2 years after the commencement.Part 3Schools in receipt of subsidy under General Provisions Act186School in receipt of subsidy under General Provisions Act(1)This section applies to a school that—(a)immediately before the commencement, was categorised, or provisionally categorised, as a school in receipt of subsidy under section 141 of the General Provisions Act; and(b)is accredited under section 179 or provisionally accredited under section 180.
(2)The school is taken to be a school, the governing body of which is eligible for Government funding for the same aspects of the operation of the school as under the categorisation or provisional categorisation.(3)If the categorisation or provisional categorisation relates to at least 1 year of schooling, but not all the years of schooling, in a sector of schooling, the school is also taken to be a school, the governing body of which is eligible for Government funding for the other years of schooling in the sector of schooling.(3A)Subsection (3B) applies if, immediately before the commencement, there was in force a planning approval under the General Provisions Act for the school for aspects of the operation of the school (the planning approval aspects) other than the aspects as under the categorisation or provisional categorisation.(3B)The school is also taken to be a school, the governing body of which is eligible for Government funding for the planning approval aspects.(4)Section 93(1)(a) does not apply to the school for a period of 6 months after the commencement.s 186 amd 2002 No. 75s 28 (retro); 2006 No. 55s 52 sch187Existing application for categorisation as a school in receipt of subsidy(1)This section applies if—(a)before the commencement, an application was made under section 141 of the General Provisions Act for the categorisation of a school as a school in receipt of subsidy; and(b)the application had not been decided before the commencement; and(c)the school is accredited under section 179 or provisionally accredited under section 180.
(2)The application must be decided by the Minister, under the General Provisions Act, as if this Act had not commenced.(3)Subsections (4) to (6) apply if the Minister decides to provisionally categorise, or categorise, the school as a school in receipt of subsidy under section 141 of the General Provisions Act.(4)The school is taken to be a school, the governing body of which is eligible for Government funding for the same aspects of the operation of the school as the aspects of the operation of the school to which the provisional categorisation or categorisation relates.(5)If the categorisation or provisional categorisation relates to at least 1 year of schooling, but not all the years of schooling, in a sector of schooling, the school is also taken to be a school, the governing body of which is eligible for Government funding for the other years of schooling in the sector of schooling.(5A)Subsection (5B) applies if, immediately before the commencement, there was in force a planning approval under the General Provisions Act for the school for aspects of the operation of the school (the planning approval aspects) other than the aspects to which the provisional categorisation or categorisation relates.(5B)The school is also taken to be a school, the governing body of which is eligible for Government funding for the planning approval aspects.(6)Section 93(1)(a) does not apply to the school for a period of 6 months after the Minister decides the application.s 187 amd 2002 No. 75s 29 (retro); 2006 No. 55s 52 schPart 4SCHOOLS ALLOWED TO OFFER YEARS 1 TO 3 OF SCHOOLING, BUT NOT PRESCHOOL YEAR OF SCHOOLINGpt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2188pt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2189pt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2190pt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2191pt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2192pt 4 (ss 188–192) om 2006 No. 39s 512(2)sch 2Part 5Schools that are not non-State schools under General Provisions Act193Existing operating school(1)This section applies to an operating school that, immediately before the commencement—(a)was not a non-State school under the General Provisions Act; and(b)is not the subject of an application made under the guidelines mentioned in section 2(2) of the General Provisions Act.
(2)Section 10 does not apply to the school for a period of 6 months after the commencement (the exemption period).(3)Subsections (4) to (8) apply if the school’s governing body makes application for the accreditation of the school within the exemption period.(4)If the board decides to provisionally accredit the school—(a)the board must also decide the school’s provisional accreditation period and notify the governing body of the decision; and(b)sections 24(2) and 25 do not apply to the school.
(5)The school’s provisional accreditation period must not end before 6 months after the day of the board’s decision.(6)Subsection (7) applies if, immediately before the commencement, there was not in force a planning approval for the school under the General Provisions Act.(7)Despite section 17(1), section 17 applies to the application if—(a)the applicant indicates in the application that the applicant seeks Government funding for the school; and(b)the board is satisfied the school is not being operated for profit.
(8)If the governing body does not receive written notice of the decision about the application until after the exemption period, the exemption under subsection (2) continues to apply from the day that it would, apart from this subsection, have ended until—(a)the last day to apply for a review of the decision; or(b)if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.
Part 6Schools with planning approval under General Provisions ActDivision 1School is not a non-State school under General Provisions Act194Application of div 1This division applies to a school for which, immediately before the commencement, there was in force a planning approval under the General Provisions Act.s 194 sub 2002 No. 75s 30 (retro)195Application for accreditation(1)This section applies if—(a)the governing body applies for the accreditation of the school within 3 years after the commencement; and(b)the application accords with the details of the planning approval.
(2)The school is taken to be a school, the governing body of which is eligible for Government funding for the school.(3)Sections 17 and 20 do not apply to the application.(4)Section 21(2) applies to the application as if the reference to 9 months were a reference to 6 months.(5)Subsections (6) and (7) apply if the planning approval is subject to a condition.(6)If the board provisionally accredits the school—(a)the provisional accreditation is subject to the condition; and(b)the condition is taken to be an attribute of provisional accreditation applying to the school.
(7)If the board decides to grant the application—(a)the accreditation is subject to the condition; and(b)the condition is taken to be an attribute of accreditation applying to the school.
Division 2School is a non-State school under General Provisions Act and has planning approval to change aspect of school, other than type of education196Application of div 2This division applies to a school—(a)that, immediately before the commencement, was a non-State school under the General Provisions Act; and(b)for which, immediately before the commencement, there was in force a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (c), (d), (e), (f) or (g) of the definition significantly modifying in section 2(1) of that Act; and(c)for which, immediately before the commencement, the details of the planning approval had not been incorporated into the details of the school’s non-State school status under the General Provisions Act.
s 196 amd 2004 No. 53s 2 sch197Application to change attribute of provisional accreditation(1)This section applies if—(a)the school is provisionally accredited under section 180; and(b)the school’s governing body applies under section 49, within 18 months after the commencement, to change an attribute of provisional accreditation applying to the school, so that the attribute accords with the details of the planning approval.
(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the aspect of the school’s operation mentioned in the details of the planning approval.(3)Sections 50, 54 and 55 do not apply to the application.s 197 amd 2002 No. 75s 31 (retro)198Application to change attribute of accreditation(1)This section applies if—(a)the school is accredited under section 179; and(b)the school’s governing body applies under section 49 as applied by section 59, within 18 months after the commencement, to change an attribute of accreditation applying to the school, so that the attribute accords with the details of the planning approval.
(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the aspect of the school’s operation mentioned in the details of the planning approval.(3)Sections 50, 54 and 55, as applied by section 59, do not apply to the application.s 198 amd 2002 No. 75s 32 (retro)Division 3School is a non-State school under General Provisions Act and has planning approval to change type of education199Application of div 3This division applies to a school—(a)that, immediately before the commencement, was a non-State school under the General Provisions Act; and(b)for which, immediately before the commencement, there was in force a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (a) or (b) of the definition significantly modifying in section 2(1) of that Act; and(c)in relation to which, immediately before the commencement, the details of the planning approval had not been incorporated into the details of the school’s non-State school status under the General Provisions Act.
s 199 amd 2004 No. 53s 2 sch200Application for accreditation(1)This section applies if, within 18 months after the commencement, the school’s governing body applies for the accreditation of the school that accords with the details of the planning approval.(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the school.(3)Sections 17 and 20 do not apply to the application.(4)Section 21(2) applies to the application as if the reference to 9 months were a reference to 6 months.s 200 amd 2002 No. 75s 33 (retro)Part 7Schools for which application made for planning approval under General Provisions ActDivision 1School is not a non-State school under General Provisions Act201Existing application for planning approval(1)This section applies if—(a)immediately before the commencement, a school was not a non-State school, or school in receipt of subsidy, under the General Provisions Act; and(b)an application was made, before the commencement, for a planning approval, under the General Provisions Act, for the school; and(c)the application had not been decided before the commencement.
(2)The Minister must decide the application, under the General Provisions Act, as if this Act had not commenced.202Application for accreditation(1)This section applies if—(a)under section 201, the Minister issues a planning approval for the school under the General Provisions Act; and(b)the school’s governing body applies for the accreditation of the school within 3 years after the commencement; and(c)the application accords with the details of the planning approval.
(2)The school is taken to be a school, the governing body of which is eligible for Government funding for the school.(3)Sections 17 and 20 do not apply to the application.(4)Section 21(2) applies to the application as if the reference to 9 months were a reference to 6 months.(5)Subsections (6) and (7) apply if the planning approval is subject to a condition.(6)If the board provisionally accredits the school—(a)the provisional accreditation is subject to the condition; and(b)the condition is taken to be an attribute of provisional accreditation applying to the school.
(7)If the board decides to grant the application—(a)the accreditation is subject to the condition; and(b)the condition is taken to be an attribute of accreditation applying to the school.
Division 2School is a non-State school under General Provisions Act and has applied for planning approval to change aspect of school, other than type of education203Existing application for planning approval(1)This section applies if—(a)immediately before the commencement, a school was a non-State school under the General Provisions Act; and(b)an application was made, before the commencement, for a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (c), (d), (e), (f) or (g) of the definition significantly modifying in section 2(1) of that Act; and(c)the application had not been decided before the commencement; and(d)immediately before the commencement, the details of the planning approval had not been incorporated into the details of the school’s non-State school status under the General Provisions Act.
(2)The Minister must decide the application, under the General Provisions Act, as if this Act had not commenced.s 203 amd 2004 No. 53s 2 sch204Application to change attribute of provisional accreditation(1)This section applies if—(a)under section 203, the Minister issues a planning approval for the school under the General Provisions Act; and(b)the school is provisionally accredited under section 180; and(c)the school’s governing body applies, under section 49, to change an attribute of provisional accreditation applying to the school, so that the attribute accords with the details of the planning approval; and(d)the application is made within 6 months after the commencement.
(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the aspect of the school’s operation mentioned in the details of the planning approval.(3)Sections 50, 54 and 55 do not apply to the application.205Application to change attribute of accreditation(1)This section applies if—(a)under section 203, the Minister issues a planning approval for the school under the General Provisions Act; and(b)the school is accredited under section 179; and(c)the school’s governing body applies, under section 49 as applied by section 59, to change an attribute of accreditation applying to the school, so that the attribute accords with the details of the planning approval; and(d)the application is made within 6 months after the commencement.
(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the aspect of the school’s operation mentioned in the details of the planning approval.(3)Sections 50, 54 and 55, as applied by section 59, do not apply to the application.Division 3School is a non-State school under General Provisions Act and has applied for planning approval to change type of education206Existing application for planning approval(1)This section applies if—(a)immediately before the commencement, a school was a non-State school under the General Provisions Act; and(b)an application was made, before the commencement, for a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (a) or (b) of the definition significantly modifying in section 2(1) of that Act; and(c)the application had not been decided before the commencement; and(d)immediately before the commencement, the details of the planning approval had not been incorporated into the details of the school’s non-State school status under the General Provisions Act.
(2)The Minister must decide the application, under the General Provisions Act, as if this Act had not commenced.s 206 amd 2004 No. 53s 2 sch207Application for accreditation(1)This section applies if—(a)under section 206, the Minister issues a planning approval for the school under the General Provisions Act; and(b)within 6 months after the commencement, the school’s governing body applies for the accreditation of a school that accords with the details of the planning approval.
(2)For the application, the school is taken to be a school, the governing body of which is eligible for Government funding for the school.(3)Sections 17 and 20 do not apply to the application.(4)Section 21(2) applies to the application as if the reference to 9 months were a reference to 6 months.Part 8Review of planning approval decisionsDivision 1Preliminary208Definition for pt 8In this part—planning approval decision, relating to a school, means a decision of the Minister, made before the commencement, to refuse an application for planning approval for the school under the General Provisions Act.Division 2School is not a non-State school under General Provisions Act209Application for review(1)This section applies if—(a)immediately before the commencement, a school was not a non-State school, or school in receipt of subsidy, under the General Provisions Act; and(b)an application was made to the Minister, before the commencement, under the planning guidelines under the General Provisions Act for the review of a planning approval decision relating to the school; and(c)the application had not been decided before the commencement.
(2)The application may be dealt with, or continue to be dealt with, under the General Provisions Act as if this Act had not commenced.210Application of provision(1)Subsection (2) applies if, under section 209, the Minister issues a planning approval for the school under the General Provisions Act.(2)Section 202 applies as if the reference to section 201 were a reference to section 209.Division 3School is a non-State school under General Provisions Act and obtains planning approval to change aspect of school, other than type of education211Application for review(1)This section applies if—(a)immediately before the commencement, a school was a non-State school under the General Provisions Act; and(b)an application was made to the Minister, before the commencement, under the planning guidelines under the General Provisions Act for the review of a planning approval decision relating to the school; and(c)the application had not been decided before the commencement; and(d)the planning approval decision was about an application for a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (c), (d), (e), (f) or (g) of the definition significantly modifying in section 2(1) of that Act.
(2)The application for review may be dealt with, or continue to be dealt with, under the General Provisions Act as if this Act had not commenced.s 211 amd 2004 No. 53s 2 sch212Application of provisionsIf, under section 211, the Minister issues a planning approval for the school under the General Provisions Act, sections 197 and 198 apply to the school.Division 4School is a non-State school under General Provisions Act and seeks planning approval to change type of education213Application for review(1)This section applies if—(a)immediately before the commencement, a school was a non-State school under the General Provisions Act; and(b)an application was made to the Minister, before the commencement, under the planning guidelines under the General Provisions Act for the review of a planning approval decision relating to the school; and(c)the application had not been decided before the commencement; and(d)the planning approval decision was about an application for a planning approval to significantly modify the school under the General Provisions Act relating to a change mentioned in paragraph (a) or (b) of the definition significantly modifying in section 2(1) of that Act.
(2)The application for review may be dealt with, or continue to be dealt with, under the General Provisions Act as if this Act had not commenced.s 213 amd 2004 No. 53s 2 sch214Application of provisionIf, under section 213, the Minister issues a planning approval for the school under the General Provisions Act, section 200 applies to the school.Part 9Change of details of non-State school status of school under General Provisions Act215Outstanding application(1)This section applies if—(a)an application was made, before the commencement, under guideline 1.4 of the guidelines mentioned in section 2(2) of the General Provisions Act for a change in the details of the non-State school status of a school; and(b)the application had not been decided before the commencement.
(2)The application may be dealt with, or continue to be dealt with, under the General Provisions Act as if this Act had not commenced.216Change in attributes of provisional accreditation(1)This section applies if—(a)the Minister decides to grant the application under section 215; and(b)the school is provisionally accredited under section 180.
(2)The attributes of provisional accreditation applying to the school, under section 180(4), are taken to be changed to accord with the decision.217Change in attributes of accreditation(1)This section applies if—(a)the Minister decides to grant the application under section 215; and(b)the school is accredited under section 179.
(2)The attributes of accreditation applying to the school, under section 179(4), are taken to be changed to accord with the decision.Chapter 8Other transitional provisionsch hdg ins 2002 No. 75s 34sub 2005 No. 29s 20Part 1Transitional provisions for Education (Miscellaneous Amendments) Act 2002pt hdg ins 2005 No. 29s 20218Definitions for ch 8, pt 1In this part—commencement means commencement of this section.post-amended Act means this Act as in force immediately after the commencement of the Education (Miscellaneous Amendments) Act 2002, section 8.pre-amended Act means this Act as in force immediately before the commencement of the Education (Miscellaneous Amendments) Act 2002, section 8.s 218 ins 2002 No. 75s 34amd 2005 No. 29s 21219Provisional accreditation for particular type of education(1)This section applies to a school that, immediately before the commencement, is provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.(2)The school is taken to be provisionally accredited for the types of education mentioned in section 12(1)(a) and (b) of the post-amended Act.(3)Also, for this Act the school’s governing body is taken to have made application, under section 16, to the board for the accreditation of the school for each type of education mentioned in section 12(1)(a) and (b) of the post-amended Act.s 219 ins 2002 No. 75s 34220Accreditation for particular type of education(1)This section applies to a school that, immediately before the commencement, is accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.(2)The school is taken to be accredited for the types of education mentioned in section 12(1)(a) and (b) of the post-amended Act.s 220 ins 2002 No. 75s 34221Application for accreditation for particular type of education(1)This section applies to an application for the accreditation of a school for the type of education mentioned in section 12(1)(a) of the pre-amended Act if, immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2.(2)For this Act, the application is taken to be a separate application for each type of education mentioned in section 12(1)(a) and (b) of the post-amended Act.s 221 ins 2002 No. 75s 34Part 2Transitional provisions for Education (Accreditation of Non-State Schools) and Other Legislation Amendment Act 2005pt hdg ins 2005 No. 29s 22222Definition for ch 8, pt 2In this part—commencement means commencement of this section.s 222 ins 2005 No. 29s 22223Certain applications not to be dealt with under pre-amended Act(1)This section applies to—(a)an application for Government funding for a school made on or after 15 November 2004 and before the commencement; or(b)an application for the accreditation of a school made on or after 15 November 2004 and before the commencement; or(c)an application under section 49, or section 49, as applied by section 59, about a change in a school’s governing body made on or after 15 November 2004 and before the commencement.
(2)The application must be dealt with under this Act and not under the pre-amended Act.(3)Any right or expectation of a person to have an application considered or dealt with under the pre-amended Act is extinguished.(4)In this section—pre-amended Act means this Act as in force immediately before the commencement.s 223 ins 2005 No. 29s 22224Ineligible company(1)This section applies if—(a)a school’s governing body was, immediately before the commencement, eligible for Government funding for the school; and(b)the governing body was, immediately before the commencement, an ineligible company.
(2)While the governing body is the ineligible company and, except for section 91A, it continues to be eligible for Government funding for the school, that section and section 93(1)(f) do not apply to the governing body in relation to the school.s 224 ins 2005 No. 29s 22amd 2006 No. 55s 52 schPart 3Transitional provisions for Education (General Provisions) Act 2006pt hdg ins 2006 No. 39s 512(2)sch 2Division 1Preliminarydiv 1 (s 225) ins 2006 No. 39s 512(2)sch 2225Definitions for ch 8, pt 3In this part—commencement means commencement of this section.post-amended Act means this Act as in force immediately after the commencement of the Education (General Provisions) Act 2006, section 512(2) and schedule 2.pre-amended Act means this Act as in force immediately before the commencement of the Education (General Provisions) Act 2006, section 512(2) and schedule 2.div 1 (s 225) ins 2006 No. 39s 512(2)sch 2Division 2Transitional provisions for certain schools allowed to offer years 1 to 3 of schoolingdiv 2 (ss 226–228) ins 2006 No. 39s 512(2)sch 2226Application of div 2This division applies to a school that—(a)immediately before the commencement, is provisionally accredited, or accredited, to provide primary education; and(b)is a school, the governing body of which, immediately before the commencement, is eligible for Government funding for the school; and(c)is allowed, at the commencement, to offer years 1 to 3 of schooling under the accreditation; and(d)is not allowed, at the commencement, to offer the preparatory year; and(e)the school’s governing body applies before the end of 2009, under chapter 2, part 3, division 3, to extend the years of schooling allowed to be offered at the school to include the preparatory year.
div 2 (ss 226–228) ins 2006 No. 39s 512(2)sch 2227Application of provisions(1)Section 50, as applied by section 59, does not apply to the application.(2)Section 53(3) applies to the application as if the reference to 9 months were a reference to 6 months.div 2 (ss 226–228) ins 2006 No. 39s 512(2)sch 2228Notification of first day of provision of education in preparatory year(1)This section applies if the board decides to grant the application.(2)The school’s governing body must notify the board of the first day of education of students in the preparatory year within 14 days after the day.div 2 (ss 226–228) ins 2006 No. 39s 512(2)sch 2Division 3Other transitional provisionsdiv hdg ins 2006 No. 39s 512(2)sch 2229Provisional accreditation for particular types of education(1)This section applies to a school that, immediately before the commencement, is provisionally accredited for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act.(2)The school is taken to be provisionally accredited only for the type of education mentioned in section 12(1)(b) of the post-amended Act.(3)Also, for this Act the school’s governing body is taken to have made application, under section 16, to the board for the accreditation of the school only for the type of education mentioned in section 12(1)(b) of the post-amended Act.(4)In addition, the attribute of provisional accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year.(5)If the school’s governing body is eligible for Government funding for the school, the eligibility is not affected by this section.s 229 ins 2006 No. 39s 512(2)sch 2230Provisional accreditation, and accreditation, for particular types of education(1)This section applies to a school that, immediately before the commencement, is—(a)accredited for the type of education mentioned in section 12(1)(b) of the pre-amended Act; and(b)provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.
(2)The attribute of accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year.(3)If the student-intake day applying to the school for the provisional accreditation under the pre-amended Act is on or after the day of commencement, the attributes of accreditation applying to the school are taken to include an attribute of accreditation requiring the school to provide education in the preparatory year on or before the day that is 30 days after the student-intake day.(4)If the school’s governing body is eligible for Government funding for the school, the eligibility is not affected by this section.s 230 ins 2006 No. 39s 512(2)sch 2231Return of certificate of provisional accreditation(1)This section applies to a school that, immediately before the commencement, is provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.(2)The school’s governing body must return the school’s certificate of provisional accreditation to the board by 1 March 2007, unless the governing body has a reasonable excuse.(3)On receiving the certificate, the board must issue a replacement certificate of provisional accreditation to the governing body that no longer states that the school is provisionally accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.s 231 ins 2006 No. 39s 512(2)sch 2232Accreditation for particular types of education(1)This section applies to a school that, immediately before the commencement, is accredited for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act.(2)The school is taken to be accredited only for the type of education mentioned in section 12(1)(b) of the post-amended Act.(3)Also, the attribute of accreditation applying to the school mentioned in section 16(3)(e) is taken to include the preparatory year.(4)If the school’s governing body is eligible for Government funding for the school, the eligibility is not affected by this section.s 232 ins 2006 No. 39s 512(2)sch 2233Return of certificate of accreditation(1)This section applies to a school that, immediately before the commencement, is accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.(2)The school’s governing body must return the school’s certificate of accreditation to the board by 1 March 2007, unless the governing body has a reasonable excuse.(3)On receiving the certificate, the board must issue a replacement certificate of accreditation to the governing body that no longer states that the school is accredited for the type of education mentioned in section 12(1)(a) of the pre-amended Act.s 233 ins 2006 No. 39s 512(2)sch 2234Application for accreditation for particular types of education—non-accredited school(1)This section applies to an application for the accreditation of a school for the types of education mentioned in section 12(1)(a) and (b) of the pre-amended Act if, immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2.(2)For this Act, the application is taken to be an application only for the type of education mentioned in section 12(1)(b) of the post-amended Act.s 234 ins 2006 No. 39s 512(2)sch 2235Application for accreditation for particular type of education—accredited school(1)This section applies if—(a)a school is accredited to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and(b)an application has been made for the accreditation of the school for the type of education mentioned in section 12(1)(a) of the pre-amended Act; and(c)immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2.
(2)The application is taken to be a valid application, under section 49 as applied by section 59, to change the attribute of accreditation applying to the school mentioned in section 16(3)(e) to include the preparatory year.(3)Also, chapter 2, part 3, division 2, as applied by section 59, applies to the application with any necessary or convenient changes.(4)In addition, if the applicant is not eligible for Government funding for the school, the reference in section 53(4), as applied by section 59, to 6 months is taken to be a reference to 9 months.s 235 ins 2006 No. 39s 512(2)sch 2236Application for accreditation for particular type of education—provisionally accredited school(1)This section applies if—(a)a school is provisionally accredited to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and(b)an application has been made for the accreditation of the school for the type of education mentioned in section 12(1)(a) of the pre-amended Act; and(c)immediately before the commencement, the application has not been decided under chapter 2, part 2, division 2, subdivision 2.
(2)The application is taken to be a valid application, under section 49, to change the attribute of provisional accreditation applying to the school mentioned in section 16(3)(e) to include the preparatory year.(3)Also, chapter 2, part 3, division 2, applies to the application with any necessary or convenient changes.(4)In addition, if the applicant is not eligible for Government funding for the school, the reference in section 53(4) to 6 months is taken to be a reference to 9 months.s 236 ins 2006 No. 39s 512(2)sch 2237Decision to refuse to provisionally accredit school(1)This section applies if—(a)the board has decided, under chapter 2, part 2, division 2, subdivision 2, to refuse to provisionally accredit a school to provide the type of education mentioned in section 12(1)(a) of the pre-amended Act (the first decision); and(b)the school is provisionally accredited, or accredited, to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and(c)an application has been made under section 101 for a review of the first decision; and(d)immediately before the commencement, the application has not been decided under section 103.
(2)The Minister must decide the application on the basis that the first decision is taken to be a decision by the board to refuse to grant an application under section 49 to change the attribute of provisional accreditation, or attribute of accreditation, applying to the school mentioned in section 16(3)(e) to include the preparatory year.(3)Also, section 103 applies to the application with any necessary or convenient changes.s 237 ins 2006 No. 39s 512(2)sch 2238Decision to refuse to accredit school(1)This section applies if—(a)the board decides, under chapter 2, part 2, division 2, subdivision 3, to refuse to accredit a school to provide the type of education mentioned in section 12(1)(a) of the pre-amended Act (the first decision); and(b)the school is provisionally accredited, or accredited, to provide the type of education mentioned in section 12(1)(b) of the pre-amended Act; and(c)an application has been made under section 101 for a review of the first decision; and(d)immediately before the commencement, the application has not been decided under section 103.
(2)The Minister must decide the application on the basis that the first decision is taken to be a decision by the board to refuse to grant an application under section 49, as applied by section 59, to change the attribute of provisional accreditation, or attribute of accreditation, applying to the school mentioned in section 16(3)(e) to include the preparatory year.(3)Also, section 103 applies to the application with any necessary or convenient changes.s 238 ins 2006 No. 39s 512(2)sch 2Part 4Transitional provisions for Education Legislation Amendment Act 2013pt hdg ins 2013 No. 37s 6Division 1Preliminarydiv hdg ins 2013 No. 37s 6239Definitions for pt 4In this part—change notice see section 241(4).commencement means the commencement of this section.secondary education includes, for 2015 or a later year, education offered in year 7.year 7 change notice see section 240(2).s 239 prev s 239 ins 2006 No. 39s 512(2)sch 2exp 1 January 2008 (see s 239(4))pres s 239 ins 2013 No. 37s 6Division 2Schools that offer secondary education or primary and secondary educationdiv 2 (ss 240–244) ins 2013 No. 37s 6240Notices about offering education for year 7(1)This section applies to a school if the school is an accredited school or provisionally accredited school that offers secondary education for year 8.Examples for subsection (1)—1a provisionally accredited school that offers primary and secondary education from the preparatory year to year 122an accredited school that offers secondary education from year 8 to year 123an accredited school that offers primary and secondary education from year 5 to year 12
(2)If the governing body of the school intends that the school starts offering secondary education for year 7 on or after 1 January 2015 and before 1 March 2016, the governing body may give the board a written notice (a year 7 change notice) in the approved form.(3)The governing body must give the year 7 change notice to the board—(a)on or before 31 October 2014; or(b)if the board is satisfied that unforeseen circumstances prevented the governing body from giving the notice on or before 31 October 2014—by a later date allowed by the board.
div 2 (ss 240–244) ins 2013 No. 37s 6241Effect of notice(1)This section applies if the governing body of a school gives a year 7 change notice to the board under section 240.(2)The attribute of accreditation or attribute of provisional accreditation for the site (the proposed site) stated in the year 7 change notice only takes effect under this division if the proposed site is an existing attribute of accreditation or attribute of provisional accreditation of the school.(3)An attribute of accreditation or attribute of provisional accreditation stated in the year 7 change notice, other than the site, does not take effect under this division if it is not an existing attribute of accreditation or attribute of provisional accreditation of the school for year 8.(4)The board must as soon as practicable after receiving the year 7 change notice give the governing body a notice (a change notice) stating—(a)the changes to the school’s attributes of accreditation or attributes of provisional accreditation; and(b)that the changes must be effected before 1 March 2016.
div 2 (ss 240–244) ins 2013 No. 37s 6242Application of ss 56, 57 and 58(1)If the board gives a change notice to the governing body of a provisionally accredited school that offers secondary education for year 8, sections 56, 57 and 58 apply as if—(a)a change notice under section 241 were a change notice under sections 56, 57 and 58; and(b)the change day under sections 56 and 57 is 1 March 2016.
(2)If the board gives a change notice to the governing body of an accredited school that offers secondary education for year 8, sections 56, 57 and 58 apply as if—(a)an accreditation were a provisional accreditation; and(b)an accredited school were a provisionally accredited school; and(c)an attribute of accreditation were an attribute of provisional accreditation; and(d)a certificate of accreditation were a certificate of provisional accreditation; and(e)a change notice under section 241 were a change notice under sections 56, 57 and 58; and(f)the change day under sections 56 and 57 is 1 March 2016.
div 2 (ss 240–244) ins 2013 No. 37s 6243Deemed eligibility for Government funding(1)This section applies if—(a)the governing body is eligible for Government funding for the school to offer year 7 or year 8; and(b)the governing body gives the board a year 7 change notice; and(c)the board gives the governing body a change notice.
(2)Once the change is effected, the governing body of the school is taken to be eligible for Government funding for offering year 7 as secondary education.div 2 (ss 240–244) ins 2013 No. 37s 6244Applications for Government funding for accredited school(1)This section applies if—(a)the governing body is not eligible for Government funding for the school to offer year 7 or year 8; and(b)the governing body gives the board a year 7 change notice; and(c)before 1 January 2015, the governing body applies under section 73 for Government funding to offer year 7.
(2)When making a recommendation under section 85 or a decision under section 88, the committee or the Minister must consider the application as if—(a)the meaning of primary education did not include education offered in year 7; and(b)the meaning of secondary education included education offered in year 7.
div 2 (ss 240–244) ins 2013 No. 37s 6Division 3Schools that only offer primary educationdiv 3 (ss 245–250) ins 2013 No. 37s 6245Applications for accreditation to offer education for year 7(1)This section applies to a school if—(a)the school is an accredited school or provisionally accredited school that offers primary education for year 7; and(b)the school is not accredited or provisionally accredited to offer secondary education.
(2)If the governing body of the school intends that the school starts offering secondary education for year 7 on or after 1 January 2015 and before 1 March 2016, the governing body may apply for accreditation of the school under this division.Note—Section 249 also applies to a school mentioned in this section.div 3 (ss 245–250) ins 2013 No. 37s 6246Application of particular provisions for accreditations under this division(1)Chapter 2, part 2, division 2, subdivisions 2 and 4 and section 168 are applied, with the changes stated in this division, for an application for accreditation of a school to offer secondary education for year 7.(2)Sections 17 to 17B are also applied to the application if, when the school applies for accreditation, the school is not eligible for Government funding to offer year 7.div 3 (ss 245–250) ins 2013 No. 37s 6247Procedural requirements(1)An application for the accreditation of a school must—(a)be made to the board; and(b)be in the approved form; and(c)be accompanied by—(i)the fee, if any, prescribed under a regulation; and(ii)copies of current positive notices or current positive exemption notices for all the directors of the school’s governing body; and
(d)be made—(i)on or before 31 October 2014; or(ii)if the board is satisfied that unforeseen circumstances prevented the governing body applying on or before 31 October 2014—by a later date allowed by the board.
(2)The approved form must require the inclusion of the school’s student-intake day that is to apply for year 7 if the board provisionally accredits the school.(3)The student-intake day included in the approved form must be a day—(a)on or after 1 January 2015; and(b)before 1 March 2016.
div 3 (ss 245–250) ins 2013 No. 37s 6248Decision to provisionally accredit schoolWhen deciding the application, the board must consider the application as if—(a)the meaning of primary education did not include education offered in year 7; and(b)the meaning of secondary education included education offered in year 7.
div 3 (ss 245–250) ins 2013 No. 37s 6249Schools that are not granted provisional accreditation(1)This section applies to a school mentioned in section 245(1) if—(a)the governing body of a school does not apply for accreditation of the school under this division; or(b)the board refuses to provisionally accredit the school under this division.
(2)On and after 1 January 2015, the school is taken to not to have the attribute of accreditation to provide education for year 7 and not to be eligible for Government funding for offering year 7 subject to the school applying for accreditation or Government funding under chapters 2 or 3.div 3 (ss 245–250) ins 2013 No. 37s 6250Deemed eligibility for Government funding(1)This section applies if—(a)the board issues a certificate of provisional accreditation under this division to the governing body; and(b)immediately before the board issues the certificate, the governing body is eligible for Government funding for the school to offer year 7 as primary education.
(2)Once the certificate is issued, the governing body of the school is taken to be eligible for Government funding for offering year 7 as secondary education.div 3 (ss 245–250) ins 2013 No. 37s 6Division 4New schoolsdiv 4 (s 251) ins 2013 No. 37s 6251Applications for accreditation for new schools(1)This section applies if—(a)before 1 January 2015, a person applies for accreditation of a school; and(b)the school is not a provisionally accredited school or accredited school when the application is made; and(c)the application includes an attribute for the school to start offering secondary education for year 7 on or after 1 January 2015.
(2)When deciding the application, the board must consider the application as if—(a)the meaning of primary education did not include education offered in year 7; and(b)the meaning of secondary education included education offered in year 7.
div 4 (s 251) ins 2013 No. 37s 6Division 5Miscellaneousdiv hdg ins 2013 No. 37s 6252Transitional regulation-making powers 252 ins 2013 No. 37s 6exp 29 August 2015 (see s 252(4))Part 5Transitional provisions for Education and Other Legislation Amendment Act 2014pt hdg ins 2014 No. 62s 21253Existing assessment as special assistance school and eligibility for Government funding(1)This section applies to a school if, immediately before the commencement, an assessment that the school was a special assistance school was in effect under a policy made under the Education (General Provisions) Act 2006, section 369.(2)On the commencement, the school is taken to be provisionally accredited, or accredited, to provide special assistance at the site for which the school was provisionally accredited, or accredited, to operate immediately before the commencement.(3)The operation of subsection (2) does not, of itself—(a)constitute a change in an attribute of provisional accreditation, or an attribute of accreditation, applying to the school; or(b)constitute a change relating to an aspect of the school’s operation affecting the governing body’s eligibility for Government funding.
s 253 ins 2014 No. 62s 21254Existing application for assessment as special assistance school(1)This section applies if—(a)before the commencement, the governing body of a school had applied to be assessed as a special assistance school under a policy made under the Education (General Provisions) Act 2006, section 369; and(b)immediately before the commencement, the application had not been decided.
(2)The Minister must continue to decide the application under the policy as if the Education and Other Legislation Amendment Act 2014 had not been enacted.(3)If the Minister grants the application, the school is taken to be provisionally accredited, or accredited, to provide special assistance at the site from which the school operated immediately before the commencement.(4)The operation of subsection (3) does not, of itself—(a)constitute a change in an attribute of provisional accreditation, or an attribute of accreditation, applying to the school; or(b)constitute a change relating to an aspect of the school’s operation affecting the governing body’s eligibility for Government funding.
s 254 ins 2014 No. 62s 21255Transitional regulation-making powers 255 ins 2014 No. 62s 21exp 1 January 2016 (see s 255(4))Schedule 3Dictionarysection 4accepted representations—(a)for chapter 2, part 3, division 2A—see section 58B(2); or(b)for chapter 2, part 4, division 2—see section 65(2); or(c)for chapter 3, part 6, division 2—see section 95(2).
def accepted representations sub 2002 No. 75 s 74 schaccreditation, of a school, means the accreditation of the school under section 27.accreditation criteria see section 9.accredited school means a school accredited by the board under section 27.accredited special assistance site, for a special assistance school, see section 60B.def accredited special assistance site ins 2014 No. 62 s 22AISQ means the Association of Independent Schools of Queensland Inc.assessor means a person who is appointed as an assessor under section 144.attributes of accreditation see section 27(3).attributes of provisional accreditation see section 18(2).auditor means a person who is appointed as an auditor under section 144.authorised person means an assessor or auditor.board means the Non-State Schools Accreditation Board.board office means the office from which the board operates.catchment area means—(a)for a school that is in operation—the geographical area in which at least 80% of the school’s students reside; or(b)for a school that is not in operation—the geographical area in which at least 80% of the school’s prospective students are likely to reside.
catchment area notice see section 76(2)(a) and (4)(a).certificate of accreditation means a certificate of accreditation issued under section 28(1)(a), 57(4) or 58E(3) as applied by section 59, 60(7), 179(5), 181(8) or 182(8).def certificate of accreditation amd 2002 No. 75 s 74 schcertificate of provisional accreditation means a certificate of provisional accreditation issued under section 18(3), 34(3)(b), 47(3), 56(3), 57(4), 58E(3), 180(7), 183(10) or 184(10).def certificate of provisional accreditation amd 2002 No. 75 s 74 schchairperson see section 109(1)(a).change, in a school’s governing body, means a change that results in the school having a different governing body.change day, for chapter 2, part 3, see section 52(4)(b).def change day sub 2013 No. 37 s 7(1)–(2)change notice, for chapter 2, part 3, see section 52(4).def change notice sub 2013 No. 37 s 7(1)–(2)classroom education means education in which the teacher providing the education and the students receiving the education are in each other’s presence.commencement—(a)for chapter 7—see section 178; or(b)for chapter 8, part 1—see section 218; or(c)for chapter 8, part 2—see section 222; or(d)for chapter 8, part 3—see section 225; or(e)for chapter 8, part 4—see section 239.
def commencement sub 2005 No. 29 s 23amd 2006 No. 39 s 512(2) sch 2; 2013 No. 37 s 7(3)commissioner ...def commissioner amd 2004 No. 13 s 102 sch 2 pt 2om 2010 No. 5 s 171(1)committee means the Non-State Schools Eligibility for Government Funding Committee.committee member means a member of the committee appointed under section 135.company see the Corporations Act, section 9.def company ins 2005 No. 29 s 23(2)company limited by guarantee see the Corporations Act, section 9.def company limited by guarantee ins 2005 No. 29 s 23(2)compliance notice see section 61(2).convicted ...def convicted om 2014 No. 62 s 11(1)criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions.def criminal history sub 2014 No. 62 s 11(1)–(2)declared director, of a school’s governing body that is a RECI Act corporation, means—(a)a person named in the letters patent for the governing body; or(b)a successor of a person mentioned in paragraph (a).
def declared director ins 2014 No. 62 s 11(2)deputy chairperson means the deputy chairperson of the board appointed under section 112(1).director, of a school’s governing body, see section 7AA.def director sub 2014 No. 62 s 11(1)–(2)distance education see the Education (General Provisions) Act 2006, schedule 4.def distance education amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1eligibility for Government funding criteria see section 85(3) and (4).establishment phase school, for a sector of schooling, means an accredited school—(a)that may, under its accreditation, provide education within the sector of schooling; and(b)that is yet to start to operate within the sector of schooling; and(c)the governing body of which is eligible for Government funding for the school.
for-profit entity means an entity that is carried on for profit or gain to its individual members.def for-profit entity ins 2005 No. 29 s 23(2)General Provisions Act, for chapter 7, see section 178.Government-funded school means a school, the governing body of which is eligible for Government funding for the school.Government funding, for a school, means funding given by the State for any aspect of the operation of the school.indictable offence ...def indictable offence ins 2002 No. 75 s 74 schom 2014 No. 62 s 11(1)ineligible company means a company that is not a company limited by guarantee.def ineligible company ins 2005 No. 29 s 23(2)information notice, for a decision made by the board or Minister, is a notice stating each of the following—(a)the decision;(b)the reasons for the decision;(c)that the person to whom the notice is given may have the decision reviewed within 28 days;(d)the way the person may have the decision reviewed;(e)if the decision is that a provisionally accredited school not be accredited—a direction that the person surrender the school’s certificate of provisional accreditation within 14 days after the decision takes effect;(f)if the decision is that a school’s provisional accreditation or accreditation be cancelled—a direction that the person surrender the certificate of provisional accreditation or accreditation within 14 days after the decision takes effect;(g)if the decision is that a school’s provisional accreditation period be extended or reduced under section 46(1)(b)—a direction that the person surrender the certificate of provisional accreditation within 14 days after the decision takes effect.
letters patent, for a school’s governing body that is a RECI Act corporation, means the letters patent issued under the repealed Religious Educational and Charitable Institutions Act 1861 establishing the governing body as a body corporate under that Act.Note—Letters patent under the repealed Religious Educational and Charitable Institutions Act 1861 are continued in force under the Associations Incorporation Act 1981, section 144.def letters patent ins 2014 No. 62 s 11(2)member means a member of the board appointed under section 109.Minister’s consultation committee nominee see section 135(1)(b).Minister’s consultation nominees see section 109(1)(b).non-State school see section 6.notice means written notice.not operated for profit, in relation to a school, see section 7.original decision see section 101.person with a disability see the Education (General Provisions) Act 2006, section 420(5).def person with a disability amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1amd 2014 No. 62 s 11(3)planning approval decision, for chapter 7, part 8, see section 208.positive exemption notice means a positive exemption notice issued under the Working with Children Act.def positive exemption notice ins 2010 No. 5 s 171(2)amd 2014 No. 28 s 105 sch 1positive notice means a positive notice issued under the Working with Children Act.def positive notice amd 2004 No. 13 s 102 sch 2 pt 1sub 2010 No. 5 s 171(1)–(2)amd 2014 No. 28 s 105 sch 1post-amended Act, for chapter 8, part 1, see section 218.def post-amended Act, for chapter 8, part 1, ins 2005 No. 29 s 23(2)post-amended Act, for chapter 8, part 3, see section 225.def post-amended Act, for chapter 8, part 3, ins 2006 No. 39 s 512(2) sch 2pre-amended Act, for chapter 8, part 1, see section 218.def pre-amended Act, for chapter 8, part 1, ins 2005 No. 29 s 23(2)pre-amended Act, for chapter 8, part 3, see section 225.def pre-amended Act, for chapter 8, part 3, ins 2006 No. 39 s 512(2) sch 2premises, of a special assistance school, includes a temporary site at which the school provides special assistance under chapter 2, part 3A.def premises ins 2014 No. 62 s 22preparatory year see the Education (General Provisions) Act 2006, schedule 4.def preparatory year ins 2006 No. 39 s 512(2) sch 2preschool education ...def preschool education amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1om 2006 No. 39 s 512(2) sch 2primary education see the Education (General Provisions) Act 2006, schedule 4.def primary education amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1prohibited arrangement see section 7A.def prohibited arrangement ins 2005 No. 29 s 23(2)properly made submission see section 80(2).provisional accreditation, of a school, means the provisional accreditation of the school under section 18.provisional accreditation period, of a school, means the provisional accreditation period applying to the school under this Act.provisionally accredited school means a school provisionally accredited by the board under section 18.public place, for chapter 2, part 3A, see section 60B.def public place ins 2014 No. 62 s 22QCEC means the Queensland Catholic Education Commission.RECI Act corporation means a corporation that is incorporated under the repealed Religious Educational and Charitable Institutions Act 1861.def RECI Act corporation ins 2014 No. 62 s 11(2)register means the register kept under section 164.relevant operational aspect see section 50(1)(b).review, of a decision, means review of the decision under chapter 4.school see section 5.school survey data see section 166(2).def school survey data sub 2016 No. 46 s 6secondary education see the Education (General Provisions) Act 2006, schedule 4.def secondary education amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1sector of schooling means any of the following groups of years of schooling—(a)preparatory year to year 3;(b)years 4 to 6;(c)years 7 to 10;(d)years 11 and 12.
def sector of schooling amd 2006 No. 39 s 512(2) sch 2; 2013 No. 37 s 7(4)sector student-intake day, of a school for a sector of schooling, means the first day of education of students at the school within the sector of schooling.show cause notice—(a)for chapter 2, part 3, division 2A—see section 58A(2); or(b)for chapter 2, part 4, division 2—see section 64(2); or(c)for chapter 3, part 6, division 2—see section 94(2).
def show cause notice sub 2002 No. 75 s 74 schshow cause period—(a)for chapter 2, part 3, division 2A—see section 58A(2)(d); or(b)for chapter 2, part 4, division 2—see section 64(2)(d); or(c)for chapter 3, part 6, division 2—see section 94(2)(d).
def show cause period sub 2002 No. 75 s 74 schsite, for chapter 2, part 3A, see section 60B.def site ins 2014 No. 62 s 22special assistance see section 13A.def special assistance ins 2014 No. 62 s 22special assistance school means a school that is provisionally accredited, or accredited, to provide special assistance.def special assistance school ins 2014 No. 62 s 22special education see the Education (General Provisions) Act 2006, schedule 4.def special education amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1spent conviction means a conviction—(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b)that is not revived as prescribed by section 11 of that Act.
def spent conviction ins 2014 No. 62 s 11(2)State school see the Education (General Provisions) Act 2006, schedule 4.def State school amd 2002 No. 75 s 74 schsub 2006 No. 39 s 512(1) sch 1student-intake day, of a provisionally accredited school, means the first day of education of students under the school’s provisional accreditation.submission period see section 77(1)(h).temporary site see section 60B.def temporary site ins 2014 No. 62 s 22temporary site criteria see section 60C.def temporary site criteria ins 2014 No. 62 s 22type of education means a type of education mentioned in section 12(1).def type of education ins 2002 No. 75 s 74 schvehicle, for chapter 2, part 3A, see section 60B.def vehicle ins 2014 No. 62 s 22Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.def Working with Children Act ins 2014 No. 28 s 105 sch 1