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 January 2024
(a) That within 14 days of being notified of any conditions of registration, the School is required to advise all parents/guardians of students at the School in writing of the extended period of registration and the conditions imposed, the reasons for the extended period of registration and why conditions have been imposed and how the School intends to address the compliance concerns. A copy of the written notice to parents is to be provided to NESA within this timeframe
(b) That within 14 days of being notified of any conditions of registration the School develops and submits to NESA a plan to address the identified compliance concerns and that the School provides NESA with a progress report on the implementation of its plan by the end of each school Term in 2024
(c) That within 14 days of being notified of any conditions of registration, the School is required to provide to NESA an overview of the qualifications and experience of each of the School’s responsible persons, as evidence of their relevant expertise to administer a school providing an education for school students. The School is to notify NESA of any changes to responsible persons and provide an updated overview of qualifications and experience within 7 days of any change to the School’s responsible persons until 31 December 2024
(d) That within 14 days of being notified of any conditions of registration, the School is required to provide to NESA a schedule of planned Board meetings up to 31 December 2024. The agenda and minutes of each Board meeting must be submitted to NESA within 7 days of each meeting being conducted
(e) That the School’s responsible persons undertake 6 hours of professional learning in proper governance from a NESA-approved governance training provider by 30 June 2024. Evidence of undertaking the professional learning and an updated register of professional learning for responsible persons is to be provided to NESA within this timeframe
(f) That within 14 days of being notified of any conditions of registration, the School is to provide a current child protection Working With Children Check register to NESA. The School is to provide an updated Working With Children Check register within 7 days of each new person engaged in child-related work at the School until 31 December 2024
(g) That within 30 days of being notified of any conditions of registration, the School is to provide records to NESA that demonstrates all staff and responsible persons have been informed of their child protection legal obligations as described in the School’s revised child protection policy and procedures
(h) That within 14 days of being notified of any conditions of registration, the School is to provide to NESA a list of teaching staff employed at the School and their teacher accreditation number and status. The School is to provide an updated teaching staff list within 7 days of any change to the teaching staff until 31 December 2024
(i) That within 14 days of being notified of any conditions of registration, the School is to provide to NESA a list of current students enrolled in the School and, by the commencement of each subsequent school Term in 2024, an updated list of student enrolments and the School’s overall student attendance rate for the previous Term.