Schools with conditions of registration
Understand the conditions of registration in a non-government school as stated in the Education Act, including guidelines and examples of these conditions.
Conditions
Section 53A of the Education Act 1990 states that the registration of a non-government school is subject to such conditions relating to the requirements for registration as the Minister may impose (whether at the time the school is registered or at any later time).
Any such conditions will be specified in the school’s certificate of registration. The Minister may not impose a condition on the registration of a non-government school unless NESA has made a written recommendation to the Minister that the condition be imposed.
Conditions of registration may be recommended by an Inspector:
- when it has been identified that there is a compliance concern and NESA is satisfied that the school has the capacity to address the compliance concern; and/or
- when a school has belatedly responded to a compliance concern and evidence of sustained compliance is sought by NESA; and/or
- when NESA seeks assurance that planned improvements are being implemented; and/or
- in any other circumstance where an Inspector forms the view that a condition of registration is warranted.
The application of conditions may be in addition to other measures such as monitoring or an extension of a school’s registration period under section 55 of the Act. Conditions of registration may also apply to schools granted the maximum period of registration.
Further details on conditions of registration can be found in the Guidelines for Conditions of Registration (PDF 150.65KB) ('the Guidelines').
These Guidelines supplement the information in the Manuals by:
- identifying when conditions might be applied
- describing the process for NESA to apply conditions
- providing some examples of conditions that may be considered.
Schools with conditions of registration - updated November 2024
(a) That following being notified of any conditions of registration imposed by the Minister, for a period until 31 December 2025, if the school receives notice from any government agency or financial institution that relates to matters associated with the school’s financial viability, the school is to notify NESA within 7 days of receiving the notice
(b) That if (a) occurs, the school is to provide to NESA within 14 days of receiving the notice a report on how the matters identified in the notice are being managed and resolved
(c) That, during 2025, the school provide to NESA 4 reports that assess the school’s financial viability, including what documents and information have been used to make each assessment. The reports are due to NESA by 14 February, 9 May, 1 August and 1 October 2025. The report to NESA on 1 October 2025 is to include an external financial viability certification conducted by a NESA-approved body applying NESA’s financial viability framework
(d) That, by 30 June 2025, the school provide to NESA an audit of the school’s 2024 financial statements and related party transaction register. The audit is to be completed by an auditor recognised by CPA Australia, Chartered Accountants Australia and New Zealand, the Institute of Public Accountants or another NESA-approved accounting body.