{"id":"qld:act-2017-024","name":"Education (Accreditation of Non-State Schools) Act 2017","slug":"education-accreditation-of-non-state-schools-act-2017","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"24 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29629,"registerId":"qld-act-2017-024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Education (Accreditation of Non-State Schools) Act 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Objects","content":"# Objects","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Objects of Act","content":"### sec.3 Objects of Act\n\nThe objects of this Act are—\nto uphold the standards of education at non-State schools; and\nto maintain public confidence in the operation of non-State schools; and\nto foster educational choices in the State.\nThe objects are to be achieved mainly by—\nestablishing the Non-State Schools Accreditation Board; and\nestablishing an accreditation regime for the accreditation of non-State schools; and\nestablishing a process for deciding the eligibility of a non-State school’s governing body for government funding for the non-State school.\n(sec.3-ssec.1) The objects of this Act are— to uphold the standards of education at non-State schools; and to maintain public confidence in the operation of non-State schools; and to foster educational choices in the State.\n(sec.3-ssec.2) The objects are to be achieved mainly by— establishing the Non-State Schools Accreditation Board; and establishing an accreditation regime for the accreditation of non-State schools; and establishing a process for deciding the eligibility of a non-State school’s governing body for government funding for the non-State school.\n- (a) to uphold the standards of education at non-State schools; and\n- (b) to maintain public confidence in the operation of non-State schools; and\n- (c) to foster educational choices in the State.\n- (a) establishing the Non-State Schools Accreditation Board; and\n- (b) establishing an accreditation regime for the accreditation of non-State schools; and\n- (c) establishing a process for deciding the eligibility of a non-State school’s governing body for government funding for the non-State school.","sortOrder":4},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Dictionary","content":"### sec.4 Dictionary\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of school","content":"### sec.5 Meaning of school\n\nA school means a non-State school.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of non-State school","content":"### sec.6 Meaning of non-State school\n\nA non-State school means a school (in the ordinary meaning of the word) established to provide the following types of education—\nprimary education;\nsecondary education;\nspecial education.\nHowever, a non-State school does not include the following—\na State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 ;\nfor a child registered or provisionally registered for home education under the Education (General Provisions) Act 2006 —the child’s usual place of residence;\na place where a child undertaking primary, secondary or special education receives tutorial help relating to the education;\nTAFE Queensland under the TAFE Queensland Act 2013 ;\na place used only to provide education and care or regulated education and care;\na 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.\nIn this section—\neducation and care means education and care provided by an approved education and care service under the Education and Care Services National Law (Queensland).\nregulated 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.\n(sec.6-ssec.1) A non-State school means a school (in the ordinary meaning of the word) established to provide the following types of education— primary education; secondary education; special education.\n(sec.6-ssec.2) However, a non-State school does not include the following— a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 ; for a child registered or provisionally registered for home education under the Education (General Provisions) Act 2006 —the child’s usual place of residence; a place where a child undertaking primary, secondary or special education receives tutorial help relating to the education; TAFE Queensland under the TAFE Queensland Act 2013 ; a place used only to provide education and care or regulated education and care; 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.\n(sec.6-ssec.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.\n- (a) primary education;\n- (b) secondary education;\n- (c) special education.\n- (a) a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 ;\n- (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;\n- (c) a place where a child undertaking primary, secondary or special education receives tutorial help relating to the education;\n- (d) TAFE Queensland under the TAFE Queensland Act 2013 ;\n- (e) a place used only to provide education and care or regulated education and care;\n- (f) 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.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Meaning of operated for profit","content":"### sec.7 Meaning of operated for profit\n\nFor this Act, a school is operated for profit if any profits made from the school’s operation are used for any purpose other than a purpose for advancing the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Meaning of prohibited arrangement","content":"### sec.8 Meaning of prohibited arrangement\n\nA prohibited arrangement is a contract or arrangement in relation to a school—\nentered into by a school’s governing body or proposed governing body and another entity not dealing with each other at arm’s length; and\nthat is not, or will not be, for the benefit of the school.\nFor subsection (1) (b) , a contract or arrangement is not, or will not be, for the benefit of the school if the contract or arrangement is for property, goods or services—\nat more than reasonable market value; or\nthat is not required to advance the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.\nSubsection (2) does not limit subsection (1) (b) .\n(sec.8-ssec.1) A prohibited arrangement is a contract or arrangement in relation to a school— entered into by a school’s governing body or proposed governing body and another entity not dealing with each other at arm’s length; and that is not, or will not be, for the benefit of the school.\n(sec.8-ssec.2) For subsection (1) (b) , a contract or arrangement is not, or will not be, for the benefit of the school if the contract or arrangement is for property, goods or services— at more than reasonable market value; or that is not required to advance the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.\n(sec.8-ssec.3) Subsection (2) does not limit subsection (1) (b) .\n- (a) entered into by a school’s governing body or proposed governing body and another entity not dealing with each other at arm’s length; and\n- (b) that is not, or will not be, for the benefit of the school.\n- (a) at more than reasonable market value; or\n- (b) that is not required to advance the school’s philosophy and aims, as stated in the school’s statement of philosophy and aims.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Meaning of director","content":"### sec.9 Meaning of director\n\nA director , of a school’s governing body, is—\nif the governing body is a company under the Corporations Act —a person appointed as a director of the governing body; or\nif the governing body is a RECI Act corporation—\na declared director of the governing body; and\nif all declared directors of the governing body, for the time being, nominate a person as a director of the governing body—the person; or\nThe governing body must give the board a notice under section 169 (4) within 28 days after a nomination.\notherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body.\n- (a) if the governing body is a company under the Corporations Act —a person appointed as a director of the governing body; or\n- (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; or Note— The governing body must give the board a notice under section 169 (4) within 28 days after a nomination.\n- (i) a declared director of the governing body; and\n- (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; or Note— The governing body must give the board a notice under section 169 (4) within 28 days after a nomination.\n- (c) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body.\n- (i) a declared director of the governing body; and\n- (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; or Note— The governing body must give the board a notice under section 169 (4) within 28 days after a nomination.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Meaning of meets the government funding eligibility criteria","content":"### sec.10 Meaning of meets the government funding eligibility criteria\n\nA governing body of a school meets the government funding eligibility criteria if—\nthe governing body is not an ineligible company; and\nthe school operated by the governing body will not, on or after its accreditation, be operated for profit; and\nthe 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\nthere is no direct or indirect connection between the governing body and another entity, and there will not on or after the school’s accreditation be a direct or indirect connection between the governing body and another entity, that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\n- (a) the governing body is not an ineligible company; and\n- (b) the school operated by the governing body will not, on or after its accreditation, be operated for profit; and\n- (c) the 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\n- (d) there is no direct or indirect connection between the governing body and another entity, and there will not on or after the school’s accreditation be a direct or indirect connection between the governing body and another entity, that could reasonably be expected to compromise the independence of the governing body when making financial decisions.","sortOrder":12},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Accreditation criteria","content":"# Accreditation criteria","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Prescribing accreditation criteria","content":"### sec.11 Prescribing accreditation criteria\n\nA regulation may prescribe criteria (the accreditation criteria ), relevant to a school’s accreditation, about the following—\nthe school’s administration and governance arrangements;\nthe school’s financial viability;\nthe school’s educational program;\nthe school’s student welfare processes;\nthe school’s resources;\nthe school’s improvement processes.\n- (a) the school’s administration and governance arrangements;\n- (b) the school’s financial viability;\n- (c) the school’s educational program;\n- (d) the school’s student welfare processes;\n- (e) the school’s resources;\n- (f) the school’s improvement processes.","sortOrder":14},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Accreditations","content":"# Accreditations","sortOrder":15},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Type of education","content":"### sec.12 Type of education\n\nA school may only be accredited to provide the following types of education—\nprimary education;\nsecondary education;\nspecial education.\nA school may provide education in the preparatory year only if the school is accredited to provide primary education for at least years 1 to 3.\nTo remove any doubt, it is declared that a school that is accredited to provide primary education or secondary education is not also required to be accredited to provide special education for the education of persons with a disability.\n(sec.12-ssec.1) A school may only be accredited to provide the following types of education— primary education; secondary education; special education.\n(sec.12-ssec.2) A school may provide education in the preparatory year only if the school is accredited to provide primary education for at least years 1 to 3.\n(sec.12-ssec.3) To remove any doubt, it is declared that a school that is accredited to provide primary education or secondary education is not also required to be accredited to provide special education for the education of persons with a disability.\n- (a) primary education;\n- (b) secondary education;\n- (c) special education.","sortOrder":17},{"sectionNumber":"sec.13","sectionType":"section","heading":"Mode of delivery of education","content":"### sec.13 Mode of delivery of education\n\nA school may only be accredited to use the following modes of delivery of education—\nclassroom education;\ndistance education.\n- (a) classroom education;\n- (b) distance education.","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Special assistance","content":"### sec.14 Special assistance\n\nThis section applies to a school that is accredited to provide primary or secondary education.\nThe school may be accredited to provide special assistance.\nThe provision of special assistance is the provision of a type of education mentioned in subsection (1) —\nto relevant students; and\nwithout tuition fees.\nIn this section—\ncompulsory participation phase see the Education (General Provisions) Act 2006 , section 231 .\ncompulsory school age see the Education (General Provisions) Act 2006 , section 9 .\neligible option see the Education (General Provisions) Act 2006 , section 232 .\nfull-time , in relation to participation in an eligible option, see the Education (General Provisions) Act 2006 , schedule 4 .\nrelevant students means students who—\nwould not otherwise be—\nenrolled at and attending school while of compulsory school age; or\nparticipating in an eligible option full-time, or in paid employment for at least 25 hours each week, during the compulsory participation phase; and\nare not provisionally registered, or registered, for home education under the Education (General Provisions) Act 2006 , chapter 9 , part 5 .\nschool , for the purposes of the definition relevant students , includes a State school.\n(sec.14-ssec.1) This section applies to a school that is accredited to provide primary or secondary education.\n(sec.14-ssec.2) The school may be accredited to provide special assistance.\n(sec.14-ssec.3) The provision of special assistance is the provision of a type of education mentioned in subsection (1) — to relevant students; and without tuition fees.\n(sec.14-ssec.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— would not otherwise be— enrolled at and attending school while of compulsory school age; or participating in an eligible option full-time, or in paid employment for at least 25 hours each week, during the compulsory participation phase; and 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.\n- (a) to relevant students; and\n- (b) without tuition fees.\n- (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\n- (i) enrolled at and attending school while of compulsory school age; or\n- (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\n- (b) are not provisionally registered, or registered, for home education under the Education (General Provisions) Act 2006 , chapter 9 , part 5 .\n- (i) enrolled at and attending school while of compulsory school age; or\n- (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","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"When school must commence operations","content":"### sec.15 When school must commence operations\n\nA school accredited to offer a type of education under this part must commence operations on the student-intake day for the type of education.\nFor how a school’s governing body may apply to change the student-intake day for the type of education, see part 3 , division 1 .","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Duration of accreditation","content":"### sec.16 Duration of accreditation\n\nAccreditation of a school has effect until it is cancelled or surrendered under this Act.","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Governing body must be a corporation","content":"### sec.17 Governing body must be a corporation\n\nThe governing body of an accredited school must always be a corporation.\nIf the governing body of an accredited school ceases to be a corporation, that is a ground for cancellation of accreditation—see section 66 .","sortOrder":22},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Applications for accreditation","content":"## Applications for accreditation","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Governing body of school may apply for accreditation","content":"### sec.18 Governing body of school may apply for accreditation\n\nA school’s proposed governing body may apply for accreditation of the school.\nTo be eligible to apply, the proposed governing body must be a corporation.\n(sec.18-ssec.1) A school’s proposed governing body may apply for accreditation of the school.\n(sec.18-ssec.2) To be eligible to apply, the proposed governing body must be a corporation.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Procedural requirements for application","content":"### sec.19 Procedural requirements for application\n\nAn application for the accreditation of a school must—\nbe made to the board; and\nbe in the approved form; and\nbe accompanied by—\nthe fee prescribed by regulation; and\ncopies of the working with children cards for all the directors of the school’s governing body.\nThe approved form must require the inclusion of—\nthe types of education proposed to be provided by the school; and\nthe student-intake day for each type of education proposed to be provided by the school; and\nif, on the student-intake day for a type of education, the school will be an establishment phase school for a year of schooling for the type of education proposed to be provided by the school—the student-intake day for the year of schooling.\nAn applicant applies to have a school accredited to provide primary education from 1 January 2018. The school proposes to offer the preparatory year and years 1 to 3 from 1 January 2018, year 4 from 1 January 2019, year 5 from 1 January 2020 and year 6 from 1 January 2021. The applicant must provide the school’s student-intake day for primary education (1 January 2018), and the school’s student intake days for year 4 (1 January 2019), year 5 (1 January 2020) and year 6 (1 January 2021).\nThe student-intake day for a type of education must be within 4 years after the day the application is made.\nAlso, the approved form must require the inclusion of details of each of the following attributes for each type of education proposed to be provided by the school that the school must have if the board decides to grant the application—\nthe school’s proposed governing body;\nthe location of the sites at which the school is to operate, other than sporting fields or camping grounds used by the school;\nfor each site at which the school is to operate—\nthe mode of delivery of education to be used at the site; and\nthe years of schooling the school is to offer at the site; and\nwhether the site is a coeducational or single-sex site;\nif the school is to include boarding facilities—\nthe sites at which the boarding facilities are to be provided; and\nthe years of schooling for which boarding will be offered; and\nwhether the boarding facilities to be offered are to be coeducational or single-sex facilities;\nif the school is to provide special assistance—the sites at which special assistance is to be provided.\nA special assistance school may temporarily provide special assistance at other sites—see part 4 .\nA site must not be an attribute for subsection (4) (e) if the school is to provide education other than special assistance at the site.\nIn addition, the approved form must require the inclusion of an indication about whether or not the applicant seeks to be eligible for government funding for the school.\ns 19 amd 2019 No. 18 s 86 (2) sch 2\n(sec.19-ssec.1) An application for the accreditation of a school must— be made to the board; and be in the approved form; and be accompanied by— the fee prescribed by regulation; and copies of the working with children cards for all the directors of the school’s governing body.\n(sec.19-ssec.2) The approved form must require the inclusion of— the types of education proposed to be provided by the school; and the student-intake day for each type of education proposed to be provided by the school; and if, on the student-intake day for a type of education, the school will be an establishment phase school for a year of schooling for the type of education proposed to be provided by the school—the student-intake day for the year of schooling. An applicant applies to have a school accredited to provide primary education from 1 January 2018. The school proposes to offer the preparatory year and years 1 to 3 from 1 January 2018, year 4 from 1 January 2019, year 5 from 1 January 2020 and year 6 from 1 January 2021. The applicant must provide the school’s student-intake day for primary education (1 January 2018), and the school’s student intake days for year 4 (1 January 2019), year 5 (1 January 2020) and year 6 (1 January 2021).\n(sec.19-ssec.3) The student-intake day for a type of education must be within 4 years after the day the application is made.\n(sec.19-ssec.4) Also, the approved form must require the inclusion of details of each of the following attributes for each type of education proposed to be provided by the school that the school must have if the board decides to grant the application— the school’s proposed governing body; the location of the sites at which the school is to operate, other than sporting fields or camping grounds used by the school; for each site at which the school is to operate— the mode of delivery of education to be used at the site; and the years of schooling the school is to offer at the site; and whether the site is a coeducational or single-sex site; if the school is to include boarding facilities— the sites at which the boarding facilities are to be provided; and the years of schooling for which boarding will be offered; and whether the boarding facilities to be offered are to be coeducational or single-sex facilities; if the school is to provide special assistance—the sites at which special assistance is to be provided. A special assistance school may temporarily provide special assistance at other sites—see part 4 .\n(sec.19-ssec.5) A site must not be an attribute for subsection (4) (e) if the school is to provide education other than special assistance at the site.\n(sec.19-ssec.6) In addition, the approved form must require the inclusion of an indication about whether or not the applicant seeks to be eligible for government funding for the school.\n- (a) be made to the board; and\n- (b) be in the approved form; and\n- (c) be accompanied by— (i) the fee prescribed by regulation; and (ii) copies of the working with children cards for all the directors of the school’s governing body.\n- (i) the fee prescribed by regulation; and\n- (ii) copies of the working with children cards for all the directors of the school’s governing body.\n- (i) the fee prescribed by regulation; and\n- (ii) copies of the working with children cards for all the directors of the school’s governing body.\n- (a) the types of education proposed to be provided by the school; and\n- (b) the student-intake day for each type of education proposed to be provided by the school; and\n- (c) if, on the student-intake day for a type of education, the school will be an establishment phase school for a year of schooling for the type of education proposed to be provided by the school—the student-intake day for the year of schooling. Example— An applicant applies to have a school accredited to provide primary education from 1 January 2018. The school proposes to offer the preparatory year and years 1 to 3 from 1 January 2018, year 4 from 1 January 2019, year 5 from 1 January 2020 and year 6 from 1 January 2021. The applicant must provide the school’s student-intake day for primary education (1 January 2018), and the school’s student intake days for year 4 (1 January 2019), year 5 (1 January 2020) and year 6 (1 January 2021).\n- (a) the school’s proposed governing body;\n- (b) the location of the sites at which the school is to operate, other than sporting fields or camping grounds used by the school;\n- (c) for each site at which the school is to operate— (i) the mode of delivery of education to be used at the site; and (ii) the years of schooling the school is to offer at the site; and (iii) whether the site is a coeducational or single-sex site;\n- (i) the mode of delivery of education to be used at the site; and\n- (ii) the years of schooling the school is to offer at the site; and\n- (iii) whether the site is a coeducational or single-sex site;\n- (d) if the school is to include boarding facilities— (i) the sites at which the boarding facilities are to be provided; and (ii) the years of schooling for which boarding will be offered; and (iii) whether the boarding facilities to be offered are to be coeducational or single-sex facilities;\n- (i) the sites at which the boarding facilities are to be provided; and\n- (ii) the years of schooling for which boarding will be offered; and\n- (iii) whether the boarding facilities to be offered are to be coeducational or single-sex facilities;\n- (e) if the school is to provide special assistance—the sites at which special assistance is to be provided. Note— A special assistance school may temporarily provide special assistance at other sites—see part 4 .\n- (i) the mode of delivery of education to be used at the site; and\n- (ii) the years of schooling the school is to offer at the site; and\n- (iii) whether the site is a coeducational or single-sex site;\n- (i) the sites at which the boarding facilities are to be provided; and\n- (ii) the years of schooling for which boarding will be offered; and\n- (iii) whether the boarding facilities to be offered are to be coeducational or single-sex facilities;","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Board must notify entities of, and publish, application details","content":"### sec.20 Board must notify entities of, and publish, application details\n\nThe board must, within 28 days after receiving an application for the accreditation of a school—\ngive ISQ, CEQL and the chief executive a notice stating the following information—\nthat the proposed governing body for the school has applied for accreditation of the school; and\ndetails of the proposed attributes of accreditation for the school; and\npublish the information mentioned in paragraph (a) on the board’s website.\ns 20 amd 2025 No. 24 s 39I\n- (a) give ISQ, CEQL and the chief executive a notice stating the following information— (i) that the proposed governing body for the school has applied for accreditation of the school; and (ii) details of the proposed attributes of accreditation for the school; and\n- (i) that the proposed governing body for the school has applied for accreditation of the school; and\n- (ii) details of the proposed attributes of accreditation for the school; and\n- (b) publish the information mentioned in paragraph (a) on the board’s website.\n- (i) that the proposed governing body for the school has applied for accreditation of the school; and\n- (ii) details of the proposed attributes of accreditation for the school; and","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Deciding application","content":"### sec.21 Deciding application\n\nThe board must consider the application and decide, in relation to each type of education proposed to be provided by the school, whether—\nthe applicant is suitable to be the school’s governing body; and\nSee section 26 for suitability of governing body.\nthe school will comply with the accreditation criteria from the school’s student-intake day for the type of education.\nIf, in relation to a type of education, the board is satisfied about the matters mentioned in subsection (1) , the board must decide to accredit the school to provide the type of education with the following attributes for the school—\nthe attributes of accreditation stated in the application;\nany other attribute agreed to by the applicant and board.\nIf, in relation to a type of education, the board is not satisfied about a matter mentioned in subsection (1) , the board must decide to refuse to accredit the school for the type of education.\n(sec.21-ssec.1) The board must consider the application and decide, in relation to each type of education proposed to be provided by the school, whether— the applicant is suitable to be the school’s governing body; and See section 26 for suitability of governing body. the school will comply with the accreditation criteria from the school’s student-intake day for the type of education.\n(sec.21-ssec.2) If, in relation to a type of education, the board is satisfied about the matters mentioned in subsection (1) , the board must decide to accredit the school to provide the type of education with the following attributes for the school— the attributes of accreditation stated in the application; any other attribute agreed to by the applicant and board.\n(sec.21-ssec.3) If, in relation to a type of education, the board is not satisfied about a matter mentioned in subsection (1) , the board must decide to refuse to accredit the school for the type of education.\n- (a) the applicant is suitable to be the school’s governing body; and Note— See section 26 for suitability of governing body.\n- (b) the school will comply with the accreditation criteria from the school’s student-intake day for the type of education.\n- (a) the attributes of accreditation stated in the application;\n- (b) any other attribute agreed to by the applicant and board.","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Further information or documents","content":"### sec.22 Further information or documents\n\nThe board may, by notice given to the applicant, require the applicant to give the board, within a stated period of at least 30 days, further information or a document the board reasonably requires to decide the application.\nThe notice may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.22-ssec.1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated period of at least 30 days, further information or a document the board reasonably requires to decide the application.\n(sec.22-ssec.2) The notice may require the information or document to be verified by a statutory declaration.\n(sec.22-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Failure to decide application","content":"### sec.23 Failure to decide application\n\nIf the board fails to decide an application within 6 months after receiving the application—\nthe failure is taken to be a decision of the board to refuse to accredit the school; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\nThis section is subject to section 24 .\n(sec.23-ssec.1) If the board fails to decide an application within 6 months after receiving the application— the failure is taken to be a decision of the board to refuse to accredit the school; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.23-ssec.2) This section is subject to section 24 .\n- (a) the failure is taken to be a decision of the board to refuse to accredit the school; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Extension of time to decide application","content":"### sec.24 Extension of time to decide application\n\nThis section applies if the board considers it needs more time to decide an application.\nThe applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\nIf the board fails to make the decision by the agreed day—\nthe failure is taken to be a decision of the board to refuse to accredit the school; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.24-ssec.1) This section applies if the board considers it needs more time to decide an application.\n(sec.24-ssec.2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\n(sec.24-ssec.3) If the board fails to make the decision by the agreed day— the failure is taken to be a decision of the board to refuse to accredit the school; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n- (a) the failure is taken to be a decision of the board to refuse to accredit the school; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":30},{"sectionNumber":"sec.25","sectionType":"section","heading":"Steps to be taken after application decided","content":"### sec.25 Steps to be taken after application decided\n\nIf the board decides to accredit the school, the board must, as soon as practicable—\ngive the applicant and the Minister notice of the decision; and\npublish notice of the decision on the board’s website.\nIf the board decides to refuse to accredit the school, the board must as soon as practicable give the applicant an information notice about the decision.\n(sec.25-ssec.1) If the board decides to accredit the school, the board must, as soon as practicable— give the applicant and the Minister notice of the decision; and publish notice of the decision on the board’s website.\n(sec.25-ssec.2) If the board decides to refuse to accredit the school, the board must as soon as practicable give the applicant an information notice about the decision.\n- (a) give the applicant and the Minister notice of the decision; and\n- (b) publish notice of the decision on the board’s website.","sortOrder":31},{"sectionNumber":"sec.26","sectionType":"section","heading":"Suitability of governing body","content":"### sec.26 Suitability of governing body\n\nThis section applies if the board is deciding—\nwhether the proposed governing body of a school is suitable to be the school’s governing body; or\nwhether the governing body of an accredited school is suitable to continue to be the school’s governing body.\nIn making its decision, the board may have regard to the following matters—\nthe governing body’s relationship with other entities;\nwhether 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 in relation to an aspect of the operation of the school;\nthe conduct of the governing body, or its directors, in relation to the operation of the school;\nif the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence;\nif any of the governing body’s directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence;\na criminal history report about the governing body or a director of the governing body obtained under section 28 ;\na report of an authorised person obtained under section 29 (1) ;\nany other matter the board considers relevant.\nThe governing body of a school is not suitable to be, or to continue to be, a school’s governing body unless each director of the governing body has a working with children authority.\nIn this section—\nconviction , for an indictable offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.\nindictable offence includes an indictable offence dealt with summarily.\ns 26 amd 2019 No. 18 s 86 (2) sch 2\n(sec.26-ssec.1) This section applies if the board is deciding— whether the proposed governing body of a school is suitable to be the school’s governing body; or whether the governing body of an accredited school is suitable to continue to be the school’s governing body.\n(sec.26-ssec.2) In making its decision, the board may have regard to the following matters— the governing body’s relationship with other entities; 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 in relation to an aspect of the operation of the school; the conduct of the governing body, or its directors, in relation to the operation of the school; if the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence; if any of the governing body’s directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence; a criminal history report about the governing body or a director of the governing body obtained under section 28 ; a report of an authorised person obtained under section 29 (1) ; any other matter the board considers relevant.\n(sec.26-ssec.3) The governing body of a school is not suitable to be, or to continue to be, a school’s governing body unless each director of the governing body has a working with children authority.\n(sec.26-ssec.4) In this section— conviction , for 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.\n- (a) whether the proposed governing body of a school is suitable to be the school’s governing body; or\n- (b) whether the governing body of an accredited school is suitable to continue to be the school’s governing body.\n- (a) the governing body’s relationship with other entities;\n- (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 in relation to an aspect of the operation of the school;\n- (c) the conduct of the governing body, or its directors, in relation to the operation of the school;\n- (d) if the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence;\n- (e) if any of the governing body’s directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence;\n- (f) a criminal history report about the governing body or a director of the governing body obtained under section 28 ;\n- (g) a report of an authorised person obtained under section 29 (1) ;\n- (h) any other matter the board considers relevant.","sortOrder":32},{"sectionNumber":"sec.27","sectionType":"section","heading":"Investigation","content":"### sec.27 Investigation\n\nTo help in deciding whether an entity is, or continues to be, suitable to be a school’s governing body, the board may investigate the following—\na school’s proposed governing body that is the applicant for the accreditation of the school;\nthe governing body of an accredited school;\nthe proposed governing body of an accredited school.\n- (a) a school’s proposed governing body that is the applicant for the accreditation of the school;\n- (b) the governing body of an accredited school;\n- (c) the proposed governing body of an accredited school.","sortOrder":33},{"sectionNumber":"sec.28","sectionType":"section","heading":"Criminal history reports for investigation","content":"### sec.28 Criminal history reports for investigation\n\nIn investigating the governing body or proposed governing body of a school under section 27 , the board may ask the commissioner of the police service for—\na written report about the criminal history of the governing body or a director of the governing body; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nThe commissioner of the police service must comply with the request.\nThe 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.\nThe board must ensure the report and any other document or information given to the board by the commissioner of the police service is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.28-ssec.1) In investigating the governing body or proposed governing body of a school under section 27 , the board may ask the commissioner of the police service for— a written report about the criminal history of the governing body or a director of the governing body; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.28-ssec.2) The commissioner of the police service must comply with the request.\n(sec.28-ssec.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.\n(sec.28-ssec.4) The board must ensure the report and any other document or information given to the board by the commissioner of the police service is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the criminal history of the governing body or a director of the governing body; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":34},{"sectionNumber":"sec.29","sectionType":"section","heading":"Report by authorised person","content":"### sec.29 Report by authorised person\n\nBefore making a decision mentioned in section 26 (1) , the board may obtain a written report from an authorised person about whether a governing body or proposed governing body of a school is suitable to be the governing body of the school.\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.29-ssec.1) Before making a decision mentioned in section 26 (1) , the board may obtain a written report from an authorised person about whether a governing body or proposed governing body of a school is suitable to be the governing body of the school.\n(sec.29-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .","sortOrder":35},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Assessment of schools","content":"## Assessment of schools","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Initial assessment of school","content":"### sec.30 Initial assessment of school\n\nThe board must, on or after the assessment day for each type of education an accredited school is accredited to provide, start an assessment of the school to decide whether—\nthe school is complying with the school’s accreditation criteria; and\nthe governing body of the school is suitable to continue to be the governing body of the school.\nIn this section—\nassessment day , for a type of education an accredited school is accredited to provide, means—\nthe day, of which the board has given notice to the school’s governing body, that is—\nat least 60 days after the student-intake day for the type of education; and\nwithin 6 months after the student-intake day for the type of education; or\nanother day agreed to by the board and the school’s governing body.\n(sec.30-ssec.1) The board must, on or after the assessment day for each type of education an accredited school is accredited to provide, start an assessment of the school to decide whether— the school is complying with the school’s accreditation criteria; and the governing body of the school is suitable to continue to be the governing body of the school.\n(sec.30-ssec.2) In this section— assessment day , for a type of education an accredited school is accredited to provide, means— the day, of which the board has given notice to the school’s governing body, that is— at least 60 days after the student-intake day for the type of education; and within 6 months after the student-intake day for the type of education; or another day agreed to by the board and the school’s governing body.\n- (a) the school is complying with the school’s accreditation criteria; and\n- (b) the governing body of the school is suitable to continue to be the governing body of the school.\n- (a) the day, of which the board has given notice to the school’s governing body, that is— (i) at least 60 days after the student-intake day for the type of education; and (ii) within 6 months after the student-intake day for the type of education; or\n- (i) at least 60 days after the student-intake day for the type of education; and\n- (ii) within 6 months after the student-intake day for the type of education; or\n- (b) another day agreed to by the board and the school’s governing body.\n- (i) at least 60 days after the student-intake day for the type of education; and\n- (ii) within 6 months after the student-intake day for the type of education; or","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Additional assessment of establishment phase school","content":"### sec.31 Additional assessment of establishment phase school\n\nThis section applies to a school that—\nwas an establishment phase school for a year of schooling; and\nhas started to provide education for the year of schooling on the student-intake day for the year of schooling.\nThe board must, on or after the assessment day, start an assessment of the school to decide whether the school is complying with the school’s accreditation criteria.\nIn this section—\nassessment day means—\nthe day, of which the board has given notice to the school’s governing body, that is—\nat least 60 days after the student-intake day for the year of schooling; and\nwithin 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or\nanother day agreed to by the board and the school’s governing body.\nsector of schooling means any of the following groups of years of schooling—\npreparatory year to year 3;\nyears 4 to 6;\nyears 7 to 10;\nyears 11 and 12.\n(sec.31-ssec.1) This section applies to a school that— was an establishment phase school for a year of schooling; and has started to provide education for the year of schooling on the student-intake day for the year of schooling.\n(sec.31-ssec.2) The board must, on or after the assessment day, start an assessment of the school to decide whether the school is complying with the school’s accreditation criteria.\n(sec.31-ssec.3) In this section— assessment day means— the day, of which the board has given notice to the school’s governing body, that is— at least 60 days after the student-intake day for the year of schooling; and within 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or another day agreed to by the board and the school’s governing body. sector of schooling means any of the following groups of years of schooling— preparatory year to year 3; years 4 to 6; years 7 to 10; years 11 and 12.\n- (a) was an establishment phase school for a year of schooling; and\n- (b) has started to provide education for the year of schooling on the student-intake day for the year of schooling.\n- (a) the day, of which the board has given notice to the school’s governing body, that is— (i) at least 60 days after the student-intake day for the year of schooling; and (ii) within 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or\n- (i) at least 60 days after the student-intake day for the year of schooling; and\n- (ii) within 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or\n- (b) another day agreed to by the board and the school’s governing body.\n- (i) at least 60 days after the student-intake day for the year of schooling; and\n- (ii) within 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or\n- (a) preparatory year to year 3;\n- (b) years 4 to 6;\n- (c) years 7 to 10;\n- (d) years 11 and 12.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Assessment when school starts to operate at new site","content":"### sec.32 Assessment when school starts to operate at new site\n\nThis section applies to a school that has started to operate at a site (a new site ) at which the school has not previously operated.\nThe board must, on or after the assessment day, start an assessment of the school, in relation to the provision of education at the new site, to decide whether the school is complying with the accreditation criteria.\nIn this section—\nassessment day means—\nthe day, of which the board has given notice to the governing body, that is—\nat least 60 days after the day the school starts to operate at the new site; and\nwithin 6 months after the day the school starts to operate at the new site; or\nanother day agreed to by the board and the school’s governing body.\n(sec.32-ssec.1) This section applies to a school that has started to operate at a site (a new site ) at which the school has not previously operated.\n(sec.32-ssec.2) The board must, on or after the assessment day, start an assessment of the school, in relation to the provision of education at the new site, to decide whether the school is complying with the accreditation criteria.\n(sec.32-ssec.3) In this section— assessment day means— the day, of which the board has given notice to the governing body, that is— at least 60 days after the day the school starts to operate at the new site; and within 6 months after the day the school starts to operate at the new site; or another day agreed to by the board and the school’s governing body.\n- (a) the day, of which the board has given notice to the governing body, that is— (i) at least 60 days after the day the school starts to operate at the new site; and (ii) within 6 months after the day the school starts to operate at the new site; or\n- (i) at least 60 days after the day the school starts to operate at the new site; and\n- (ii) within 6 months after the day the school starts to operate at the new site; or\n- (b) another day agreed to by the board and the school’s governing body.\n- (i) at least 60 days after the day the school starts to operate at the new site; and\n- (ii) within 6 months after the day the school starts to operate at the new site; or","sortOrder":39},{"sectionNumber":"sec.33","sectionType":"section","heading":"Report by authorised person","content":"### sec.33 Report by authorised person\n\nTo assess a school under this division, the board must obtain a written report from an authorised person about whether the school is complying with the accreditation criteria.\nIf the report is for an assessment under section 30 , the report may also be about whether the governing body is suitable to continue to be the school’s governing body.\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.33-ssec.1) To assess a school under this division, the board must obtain a written report from an authorised person about whether the school is complying with the accreditation criteria.\n(sec.33-ssec.2) If the report is for an assessment under section 30 , the report may also be about whether the governing body is suitable to continue to be the school’s governing body.\n(sec.33-ssec.3) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .","sortOrder":40},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Changes to accreditation","content":"# Changes to accreditation","sortOrder":41},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Changes to student-intake days","content":"## Changes to student-intake days","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Definition for division","content":"### sec.34 Definition for division\n\nIn this division—\nrelevant student-intake day , for a school, means the student-intake day for a type of education or a year of schooling provided at the school.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Application to change relevant student-intake day","content":"### sec.35 Application to change relevant student-intake day\n\nThe board may, on application by the governing body of an accredited school, change a relevant student-intake day for the school.\nSubsection (1) applies even if the relevant student-intake day has already been changed under this section.\nDespite section 19 (3) , the governing body may apply to change the student-intake day for a type of education for the school to a day that is more than 4 years after the day the application for accreditation of the school was made to the board.\nThe application must—\nbe made to the board; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation; and\nbe made at least 45 days before the relevant student-intake day (the 45 day period ).\nHowever, the board may consider an application to change a relevant student-intake day made within the 45 day period if the board is satisfied unforeseen circumstances arose within the period that prevented the school from providing a type of education or a year of schooling by the relevant student-intake day.\n(sec.35-ssec.1) The board may, on application by the governing body of an accredited school, change a relevant student-intake day for the school.\n(sec.35-ssec.2) Subsection (1) applies even if the relevant student-intake day has already been changed under this section.\n(sec.35-ssec.3) Despite section 19 (3) , the governing body may apply to change the student-intake day for a type of education for the school to a day that is more than 4 years after the day the application for accreditation of the school was made to the board.\n(sec.35-ssec.4) The application must— be made to the board; and be in the approved form; and be accompanied by the fee prescribed by regulation; and be made at least 45 days before the relevant student-intake day (the 45 day period ).\n(sec.35-ssec.5) However, the board may consider an application to change a relevant student-intake day made within the 45 day period if the board is satisfied unforeseen circumstances arose within the period that prevented the school from providing a type of education or a year of schooling by the relevant student-intake day.\n- (a) be made to the board; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation; and\n- (d) be made at least 45 days before the relevant student-intake day (the 45 day period ).","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Deciding application","content":"### sec.36 Deciding application\n\nThe board must consider the application and decide—\nto change the relevant student-intake day to the day sought in the application; or\nnot to change the relevant student-intake day.\nThe board may only decide to change the relevant student-intake day if the board is satisfied that, because of unforeseen circumstances, the school will not comply with the accreditation criteria by the relevant student-intake day.\nIf the board decides to change the relevant student-intake day, the board must as soon as practicable give the school’s governing body notice of the decision.\nIf the board decides not to change the relevant student-intake day, the board must as soon as practicable give the school’s governing body an information notice about the decision.\nA decision not to change the relevant student-intake day does not take effect until—\nthe last day to apply for a review of the decision; or\nif an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n(sec.36-ssec.1) The board must consider the application and decide— to change the relevant student-intake day to the day sought in the application; or not to change the relevant student-intake day.\n(sec.36-ssec.2) The board may only decide to change the relevant student-intake day if the board is satisfied that, because of unforeseen circumstances, the school will not comply with the accreditation criteria by the relevant student-intake day.\n(sec.36-ssec.3) If the board decides to change the relevant student-intake day, the board must as soon as practicable give the school’s governing body notice of the decision.\n(sec.36-ssec.4) If the board decides not to change the relevant student-intake day, the board must as soon as practicable give the school’s governing body an information notice about the decision.\n(sec.36-ssec.5) A decision not to change the relevant student-intake day does not take effect until— the last day to apply for a review of the decision; or if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n- (a) to change the relevant student-intake day to the day sought in the application; or\n- (b) not to change the relevant student-intake day.\n- (a) the last day to apply for a review of the decision; or\n- (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Further information or documents","content":"### sec.37 Further information or documents\n\nThe board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nIn giving the notice, the board must have regard to the time remaining for the board to decide the application.\n(sec.37-ssec.1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application.\n(sec.37-ssec.2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.37-ssec.3) In giving the notice, the board must have regard to the time remaining for the board to decide the application.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"Failure to decide application","content":"### sec.38 Failure to decide application\n\nThis section applies if the board fails to decide the application by the relevant student-intake day to which the application relates.\nThe failure is taken to be a decision of the board to refuse the application.\nThe board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.38-ssec.1) This section applies if the board fails to decide the application by the relevant student-intake day to which the application relates.\n(sec.38-ssec.2) The failure is taken to be a decision of the board to refuse the application.\n(sec.38-ssec.3) The board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":47},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Changes to attributes of accreditation","content":"## Changes to attributes of accreditation","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Application to change attribute of accreditation","content":"### sec.39 Application to change attribute of accreditation\n\nAn accredited school’s governing body may apply to the board to change an attribute of accreditation of the school.\nThe application must—\nbe made to the board; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\nIf the change will result in the school being allowed to provide education for a new year of schooling, the application must include the student-intake day for the year of schooling.\nIf the application is about a change in the school’s governing body, the application must be accompanied by copies of the working with children cards for all the directors of the proposed governing body.\nThe board must, within 28 days after receiving the application, give ISQ, CEQL and the chief executive a notice—\nstating the board has received the application; and\nsummarising the proposed change to the school’s attribute of accreditation.\ns 39 amd 2019 No. 18 s 86 (2) sch 2 ; 2025 No. 24 s 39J\n(sec.39-ssec.1) An accredited school’s governing body may apply to the board to change an attribute of accreditation of the school.\n(sec.39-ssec.2) The application must— be made to the board; and be in the approved form; and be accompanied by the fee prescribed by regulation.\n(sec.39-ssec.3) If the change will result in the school being allowed to provide education for a new year of schooling, the application must include the student-intake day for the year of schooling.\n(sec.39-ssec.4) If the application is about a change in the school’s governing body, the application must be accompanied by copies of the working with children cards for all the directors of the proposed governing body.\n(sec.39-ssec.5) The board must, within 28 days after receiving the application, give ISQ, CEQL and the chief executive a notice— stating the board has received the application; and summarising the proposed change to the school’s attribute of accreditation.\n- (a) be made to the board; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation.\n- (a) stating the board has received the application; and\n- (b) summarising the proposed change to the school’s attribute of accreditation.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Deciding application","content":"### sec.40 Deciding application\n\nThe board must consider the application and decide to grant, or to refuse to grant, the application.\nIf 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—\nthe proposed new governing body is a corporation; and\nthe proposed new governing body is suitable to be the school’s governing body; and\nSee section 26 for suitability of governing body.\nif the school’s governing body is eligible for government funding for the school and the proposed new governing body intends to be eligible for government funding for the school—the proposed new governing body will meet the government funding eligibility criteria when the change has effect.\nFor deciding whether the proposed new governing body is suitable to be the governing body of the school, part 2 , division 2 , subdivision 3 applies as if the application were an application for accreditation.\nIf the application is about a change in an attribute of accreditation other than a change in the school’s governing body, the board may decide to grant the application only if the board is satisfied the school will comply with the accreditation criteria when the change has effect.\nIf the board decides to grant the application, the board must as soon as practicable give the applicant a notice (a change notice ) stating—\nthe decision; and\nthe day (the change day ) before which the change must have effect.\nIf 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.\n(sec.40-ssec.1) The board must consider the application and decide to grant, or to refuse to grant, the application.\n(sec.40-ssec.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— the proposed new governing body is a corporation; and the proposed new governing body is suitable to be the school’s governing body; and See section 26 for suitability of governing body. if the school’s governing body is eligible for government funding for the school and the proposed new governing body intends to be eligible for government funding for the school—the proposed new governing body will meet the government funding eligibility criteria when the change has effect.\n(sec.40-ssec.3) For deciding whether the proposed new governing body is suitable to be the governing body of the school, part 2 , division 2 , subdivision 3 applies as if the application were an application for accreditation.\n(sec.40-ssec.4) If the application is about a change in an attribute of accreditation other than a change in the school’s governing body, the board may decide to grant the application only if the board is satisfied the school will comply with the accreditation criteria when the change has effect.\n(sec.40-ssec.5) If the board decides to grant the application, the board must as soon as practicable give the applicant a notice (a change notice ) stating— the decision; and the day (the change day ) before which the change must have effect.\n(sec.40-ssec.6) 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.\n- (a) the proposed new governing body is a corporation; and\n- (b) the proposed new governing body is suitable to be the school’s governing body; and Note— See section 26 for suitability of governing body.\n- (c) if the school’s governing body is eligible for government funding for the school and the proposed new governing body intends to be eligible for government funding for the school—the proposed new governing body will meet the government funding eligibility criteria when the change has effect.\n- (a) the decision; and\n- (b) the day (the change day ) before which the change must have effect.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Further information or documents","content":"### sec.41 Further information or documents\n\nThe board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application.\nThe notice may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\nIn giving the notice, the board must have regard to the time remaining for the board to decide the application.\n(sec.41-ssec.1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application.\n(sec.41-ssec.2) The notice may require the information or document to be verified by a statutory declaration.\n(sec.41-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.41-ssec.4) In giving the notice, the board must have regard to the time remaining for the board to decide the application.","sortOrder":51},{"sectionNumber":"sec.42","sectionType":"section","heading":"Failure to decide application","content":"### sec.42 Failure to decide application\n\nIf the board fails to decide the application within 6 months after receiving the application—\nthe failure is taken to be a decision of the board to refuse to grant the application; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\nThis section is subject to section 43 .\n(sec.42-ssec.1) If the board fails to decide the application within 6 months after receiving the application— the failure is taken to be a decision of the board to refuse to grant the application; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.42-ssec.2) This section is subject to section 43 .\n- (a) the failure is taken to be a decision of the board to refuse to grant the application; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":52},{"sectionNumber":"sec.43","sectionType":"section","heading":"Extension of time to decide application","content":"### sec.43 Extension of time to decide application\n\nThis section applies if the board considers it needs more time to decide the application.\nThe applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\nIf the board fails to make the decision by the agreed day—\nthe failure is taken to be a decision of the board to refuse to grant the application; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.43-ssec.1) This section applies if the board considers it needs more time to decide the application.\n(sec.43-ssec.2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\n(sec.43-ssec.3) If the board fails to make the decision by the agreed day— the failure is taken to be a decision of the board to refuse to grant the application; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n- (a) the failure is taken to be a decision of the board to refuse to grant the application; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":53},{"sectionNumber":"sec.44","sectionType":"section","heading":"Failure to effect change of attribute of accreditation before change day","content":"### sec.44 Failure to effect change of attribute of accreditation before change day\n\nThis section applies if—\nan accredited school’s governing body receives a change notice about an attribute of accreditation applying to the school; and\nthe change is not given effect before the change day stated in the notice.\nThe change notice is of no effect and the board is not authorised to make the change to the attribute of accreditation for the school to which the notice relates.\n(sec.44-ssec.1) This section applies if— an accredited school’s governing body receives a change notice about an attribute of accreditation applying to the school; and the change is not given effect before the change day stated in the notice.\n(sec.44-ssec.2) The change notice is of no effect and the board is not authorised to make the change to the attribute of accreditation for the school to which the notice relates.\n- (a) an accredited school’s governing body receives a change notice about an attribute of accreditation applying to the school; and\n- (b) the change is not given effect before the change day stated in the notice.","sortOrder":54},{"sectionNumber":"sec.45","sectionType":"section","heading":"Proposed governing body taken to have applied to be eligible for government funding","content":"### sec.45 Proposed governing body taken to have applied to be eligible for government funding\n\nThis section applies if—\nthe school’s governing body is eligible for government funding for the school; and\nthe application is about a change in the school’s governing body; and\nthe proposed new governing body intends to be eligible for government funding for the school.\nThe proposed new governing body of the school is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application about the change in the school’s governing body.\nIf the proposed new governing body is taken to have made an application to be eligible government funding under subsection (2) , the board must decide the application under chapter 3 , part 2 .\n(sec.45-ssec.1) This section applies if— the school’s governing body is eligible for government funding for the school; and the application is about a change in the school’s governing body; and the proposed new governing body intends to be eligible for government funding for the school.\n(sec.45-ssec.2) The proposed new governing body of the school is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application about the change in the school’s governing body.\n(sec.45-ssec.3) If the proposed new governing body is taken to have made an application to be eligible government funding under subsection (2) , the board must decide the application under chapter 3 , part 2 .\n- (a) the school’s governing body is eligible for government funding for the school; and\n- (b) the application is about a change in the school’s governing body; and\n- (c) the proposed new governing body intends to be eligible for government funding for the school.","sortOrder":55},{"sectionNumber":"sec.46","sectionType":"section","heading":"Notice of attribute of accreditation no longer applying","content":"### sec.46 Notice of attribute of accreditation no longer applying\n\nA school’s governing body may, by notice given to the board, advise the board that an attribute of accreditation of the school no longer applies to the school.\nThe attribute of accreditation stops applying to the school on the day stated in the notice.\nThe board must, as soon as practicable after the attribute of accreditation stops applying to the school—\namend the register to remove the attribute from the attributes of accreditation applying to the school; and\ngive the governing body of the school notice that the attribute of accreditation no longer applies to the school.\n(sec.46-ssec.1) A school’s governing body may, by notice given to the board, advise the board that an attribute of accreditation of the school no longer applies to the school.\n(sec.46-ssec.2) The attribute of accreditation stops applying to the school on the day stated in the notice.\n(sec.46-ssec.3) The board must, as soon as practicable after the attribute of accreditation stops applying to the school— amend the register to remove the attribute from the attributes of accreditation applying to the school; and give the governing body of the school notice that the attribute of accreditation no longer applies to the school.\n- (a) amend the register to remove the attribute from the attributes of accreditation applying to the school; and\n- (b) give the governing body of the school notice that the attribute of accreditation no longer applies to the school.","sortOrder":56},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Special assistance schools—use of temporary sites","content":"# Special assistance schools—use of temporary sites","sortOrder":57},{"sectionNumber":"sec.47","sectionType":"section","heading":"Purpose of part","content":"### sec.47 Purpose of part\n\nThe purpose of this part is to enable a special assistance school to provide, on a temporary basis, special assistance at a temporary site.\nHowever, special assistance may be provided at a temporary site only in accordance with the attributes of accreditation mentioned in section 19 (4) (c) for the school’s accredited special assistance sites.\n(sec.47-ssec.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.\n(sec.47-ssec.2) However, special assistance may be provided at a temporary site only in accordance with the attributes of accreditation mentioned in section 19 (4) (c) for the school’s accredited special assistance sites.","sortOrder":58},{"sectionNumber":"sec.48","sectionType":"section","heading":"Definitions for part","content":"### sec.48 Definitions for part\n\nIn this part—\naccredited special assistance site , for a special assistance school, means a site mentioned in section 19 (4) (e) at which the school provides special assistance.\npublic place means a place, or part of a place—\nthe public is entitled to use, whether or not on payment of money; or\nthe occupier of which allows, whether or not on payment of money, members of the public to enter, other than—\na school; or\na State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 .\nsite does not include—\na vehicle; or\na public place; or\na place where a person resides.\ntemporary site , in relation to a special assistance school, means a site other than an accredited special assistance site for the school.\ntemporary site criteria see section 49 (1) .\nvehicle means—\na motor vehicle, train or aircraft; or\na ship, boat or any other kind of vessel; or\nanything else used or to be used to carry people or goods from place to place.\n- (a) the public is entitled to use, whether or not on payment of money; or\n- (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 .\n- (i) a school; or\n- (ii) a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 .\n- (i) a school; or\n- (ii) a State educational institution within the meaning of the Education (General Provisions) Act 2006 , schedule 4 .\n- (a) a vehicle; or\n- (b) a public place; or\n- (c) a place where a person resides.\n- (a) a motor vehicle, train or aircraft; or\n- (b) a ship, boat or any other kind of vessel; or\n- (c) anything else used or to be used to carry people or goods from place to place.","sortOrder":59},{"sectionNumber":"sec.49","sectionType":"section","heading":"Compliance with temporary site criteria","content":"### sec.49 Compliance with temporary site criteria\n\nA 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 ).\nNoncompliance with the temporary site criteria is a ground for cancellation of accreditation—see section 66 .\nWithout limiting subsection (1) , a regulation may limit the period for which a special assistance school may provide special assistance at a temporary site.\n(sec.49-ssec.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 ). Noncompliance with the temporary site criteria is a ground for cancellation of accreditation—see section 66 .\n(sec.49-ssec.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.","sortOrder":60},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notification of intention to use, or stop using, temporary site","content":"### sec.50 Notification of intention to use, or stop using, temporary site\n\nBefore 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—\nnotice, in the approved form, of the governing body’s intention to start providing special assistance at the temporary site; and\nevidence the school is entitled to occupy the site; and\na declaration by the governing body that—\nthe school needs to provide special assistance at the site for stated reasons; and\nthe school will comply with the temporary site criteria while special assistance is provided at the site.\nIf 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.\nThe board must give the governing body a notice acknowledging receipt of the things mentioned in subsection (1) (a) to (c) or (2) .\n(sec.50-ssec.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— notice, in the approved form, of the governing body’s intention to start providing special assistance at the temporary site; and evidence the school is entitled to occupy the site; and a declaration by the governing body that— the school needs to provide special assistance at the site for stated reasons; and the school will comply with the temporary site criteria while special assistance is provided at the site.\n(sec.50-ssec.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.\n(sec.50-ssec.3) The board must give the governing body a notice acknowledging receipt of the things mentioned in subsection (1) (a) to (c) or (2) .\n- (a) notice, in the approved form, of the governing body’s intention to start providing special assistance at the temporary site; and\n- (b) evidence the school is entitled to occupy the site; and\n- (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.\n- (i) the school needs to provide special assistance at the site for stated reasons; and\n- (ii) the school will comply with the temporary site criteria while special assistance is provided at the site.\n- (i) the school needs to provide special assistance at the site for stated reasons; and\n- (ii) the school will comply with the temporary site criteria while special assistance is provided at the site.","sortOrder":61},{"sectionNumber":"sec.51","sectionType":"section","heading":"Use of temporary site is not a change in attribute etc.","content":"### sec.51 Use of temporary site is not a change in attribute etc.\n\nThis section applies if a special assistance school—\nprovides special assistance at a temporary site; and\ncomplies with this part, including the temporary site criteria, in relation to providing special assistance at the site.\nThe provision of the special assistance at the temporary site by the school does not, of itself—\nrequire the governing body to apply for accreditation of the school in relation to the temporary site; or\nconstitute a change in an attribute of accreditation of the school.\n(sec.51-ssec.1) This section applies if a special assistance school— provides special assistance at a temporary site; and complies with this part, including the temporary site criteria, in relation to providing special assistance at the site.\n(sec.51-ssec.2) The provision of the special assistance at the temporary site by the school does not, of itself— require the governing body to apply for accreditation of the school in relation to the temporary site; or constitute a change in an attribute of accreditation of the school.\n- (a) provides special assistance at a temporary site; and\n- (b) complies with this part, including the temporary site criteria, in relation to providing special assistance at the site.\n- (a) require the governing body to apply for accreditation of the school in relation to the temporary site; or\n- (b) constitute a change in an attribute of accreditation of the school.","sortOrder":62},{"sectionNumber":"sec.52","sectionType":"section","heading":"Assessment of special assistance school using temporary site","content":"### sec.52 Assessment of special assistance school using temporary site\n\nThis section applies to a special assistance school that is providing special assistance at a temporary site.\nThe board may assess the special assistance school to decide whether it is complying with the temporary site criteria.\n(sec.52-ssec.1) This section applies to a special assistance school that is providing special assistance at a temporary site.\n(sec.52-ssec.2) The board may assess the special assistance school to decide whether it is complying with the temporary site criteria.","sortOrder":63},{"sectionNumber":"sec.53","sectionType":"section","heading":"Report by authorised person","content":"### sec.53 Report by authorised person\n\nTo assess the special assistance school under section 52 , the board must obtain a written report from an authorised person about whether the school is complying with the temporary site criteria.\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.53-ssec.1) To assess the special assistance school under section 52 , the board must obtain a written report from an authorised person about whether the school is complying with the temporary site criteria.\n(sec.53-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .","sortOrder":64},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Amalgamations and divisions of accredited schools","content":"# Amalgamations and divisions of accredited schools","sortOrder":65},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Part does not apply for particular schools","content":"### sec.54 Part does not apply for particular schools\n\nThis part does not apply in relation to a school if the governing body of the school—\nhas been given a compliance notice under section 62 (3) or 87 (2) in relation to the school and the compliance notice has not been finally dealt with; or\nhas been given a show cause notice under section 67 (2) or 90 (2) in relation to the school and the notice has not been finally dealt with; or\nhas been given an information notice about a decision made by the board in relation to the school and—\nthe governing body of the school has applied for a review of the decision and the review has not been finally dealt with; or\nthe period within which the governing body may apply for a review of the decision has not ended.\n- (a) has been given a compliance notice under section 62 (3) or 87 (2) in relation to the school and the compliance notice has not been finally dealt with; or\n- (b) has been given a show cause notice under section 67 (2) or 90 (2) in relation to the school and the notice has not been finally dealt with; or\n- (c) has been given an information notice about a decision made by the board in relation to the school and— (i) the governing body of the school has applied for a review of the decision and the review has not been finally dealt with; or (ii) the period within which the governing body may apply for a review of the decision has not ended.\n- (i) the governing body of the school has applied for a review of the decision and the review has not been finally dealt with; or\n- (ii) the period within which the governing body may apply for a review of the decision has not ended.\n- (i) the governing body of the school has applied for a review of the decision and the review has not been finally dealt with; or\n- (ii) the period within which the governing body may apply for a review of the decision has not ended.","sortOrder":67},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Amalgamation of accredited schools","content":"## Amalgamation of accredited schools","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of division","content":"### sec.55 Application of division\n\nThis division applies if—\nthe governing bodies of 2 or more accredited schools (each an amalgamating school ) propose to amalgamate the schools into 1 school (the amalgamated school ); and\nthe governing body of 1 of the amalgamating schools will be the governing body of the amalgamated school; and\nthe sites from which the amalgamated school will operate are sites from which the amalgamating schools operate.\n- (a) the governing bodies of 2 or more accredited schools (each an amalgamating school ) propose to amalgamate the schools into 1 school (the amalgamated school ); and\n- (b) the governing body of 1 of the amalgamating schools will be the governing body of the amalgamated school; and\n- (c) the sites from which the amalgamated school will operate are sites from which the amalgamating schools operate.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Notice of intention to amalgamate schools","content":"### sec.56 Notice of intention to amalgamate schools\n\nThe governing bodies of the amalgamating schools may give the board notice (an amalgamation notice ), in the approved form, of the intention to amalgamate the schools.\nThe approved form must require the inclusion of the following—\nthe proposed name for the amalgamated school;\nthe proposed day on which the amalgamating schools are to be amalgamated;\nthe proposed type of education the amalgamated school will provide;\nthe proposed attributes of accreditation of the amalgamated school.\n(sec.56-ssec.1) The governing bodies of the amalgamating schools may give the board notice (an amalgamation notice ), in the approved form, of the intention to amalgamate the schools.\n(sec.56-ssec.2) The approved form must require the inclusion of the following— the proposed name for the amalgamated school; the proposed day on which the amalgamating schools are to be amalgamated; the proposed type of education the amalgamated school will provide; the proposed attributes of accreditation of the amalgamated school.\n- (a) the proposed name for the amalgamated school;\n- (b) the proposed day on which the amalgamating schools are to be amalgamated;\n- (c) the proposed type of education the amalgamated school will provide;\n- (d) the proposed attributes of accreditation of the amalgamated school.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Decision about amalgamation of school","content":"### sec.57 Decision about amalgamation of school\n\nIf the board is satisfied the proposed attributes of accreditation for each site at which the amalgamated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site—\nthe governing bodies of the amalgamating schools are taken to have surrendered the accreditations of the schools under section 73 (1) ; and\nthe proposed governing body of the amalgamated school is taken to have made an application for accreditation of the amalgamated school under section 18 ; and\nthe board is taken to have decided to accredit the amalgamated school under section 21 .\nIf subsection (1) (c) applies, the board must—\nremove the amalgamating schools from the register and record the date of the removal; and\nrecord the following details about the amalgamated school on the register—\nthe name of the school;\nthe type of education the school provides;\nthe attributes of accreditation of the school; and\nrecord the date the details for the school were entered on the register; and\ngive the governing body of each amalgamating school notice of—\nthe decision to accredit the amalgamated school; and\nthe surrender of the accreditation of the amalgamating schools; and\nthe removal of the amalgamating schools from the register.\nIf the board decides it is not satisfied the proposed attributes of accreditation for each site at which the amalgamated school will operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site, the board must give the governing body of each amalgamating school an information notice about the decision.\nSubsection (3) does not prevent a governing body from—\napplying to accredit an amalgamated school under part 2 , division 2 ; or\nsurrendering the accreditation of an amalgamating school under part 6 , division 3 .\n(sec.57-ssec.1) If the board is satisfied the proposed attributes of accreditation for each site at which the amalgamated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site— the governing bodies of the amalgamating schools are taken to have surrendered the accreditations of the schools under section 73 (1) ; and the proposed governing body of the amalgamated school is taken to have made an application for accreditation of the amalgamated school under section 18 ; and the board is taken to have decided to accredit the amalgamated school under section 21 .\n(sec.57-ssec.2) If subsection (1) (c) applies, the board must— remove the amalgamating schools from the register and record the date of the removal; and record the following details about the amalgamated school on the register— the name of the school; the type of education the school provides; the attributes of accreditation of the school; and record the date the details for the school were entered on the register; and give the governing body of each amalgamating school notice of— the decision to accredit the amalgamated school; and the surrender of the accreditation of the amalgamating schools; and the removal of the amalgamating schools from the register.\n(sec.57-ssec.3) If the board decides it is not satisfied the proposed attributes of accreditation for each site at which the amalgamated school will operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site, the board must give the governing body of each amalgamating school an information notice about the decision.\n(sec.57-ssec.4) Subsection (3) does not prevent a governing body from— applying to accredit an amalgamated school under part 2 , division 2 ; or surrendering the accreditation of an amalgamating school under part 6 , division 3 .\n- (a) the governing bodies of the amalgamating schools are taken to have surrendered the accreditations of the schools under section 73 (1) ; and\n- (b) the proposed governing body of the amalgamated school is taken to have made an application for accreditation of the amalgamated school under section 18 ; and\n- (c) the board is taken to have decided to accredit the amalgamated school under section 21 .\n- (a) remove the amalgamating schools from the register and record the date of the removal; and\n- (b) record the following details about the amalgamated school on the register— (i) the name of the school; (ii) the type of education the school provides; (iii) the attributes of accreditation of the school; and\n- (i) the name of the school;\n- (ii) the type of education the school provides;\n- (iii) the attributes of accreditation of the school; and\n- (c) record the date the details for the school were entered on the register; and\n- (d) give the governing body of each amalgamating school notice of— (i) the decision to accredit the amalgamated school; and (ii) the surrender of the accreditation of the amalgamating schools; and (iii) the removal of the amalgamating schools from the register.\n- (i) the decision to accredit the amalgamated school; and\n- (ii) the surrender of the accreditation of the amalgamating schools; and\n- (iii) the removal of the amalgamating schools from the register.\n- (i) the name of the school;\n- (ii) the type of education the school provides;\n- (iii) the attributes of accreditation of the school; and\n- (i) the decision to accredit the amalgamated school; and\n- (ii) the surrender of the accreditation of the amalgamating schools; and\n- (iii) the removal of the amalgamating schools from the register.\n- (a) applying to accredit an amalgamated school under part 2 , division 2 ; or\n- (b) surrendering the accreditation of an amalgamating school under part 6 , division 3 .","sortOrder":71},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Division of accredited schools","content":"## Division of accredited schools","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Application of division","content":"### sec.58 Application of division\n\nThis division applies if—\nthe governing body of an accredited school (a dividing school ) proposes to divide the school into 2 or more accredited schools (each a separated school ); and\nthe governing body of the dividing school will be the governing body of each of the separated schools.\n- (a) the governing body of an accredited school (a dividing school ) proposes to divide the school into 2 or more accredited schools (each a separated school ); and\n- (b) the governing body of the dividing school will be the governing body of each of the separated schools.","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"Notice of intention to divide accredited school","content":"### sec.59 Notice of intention to divide accredited school\n\nThe governing body may give the board notice (a division notice ), in the approved form, of the intention to divide the school.\nThe approved form must require the inclusion of the following—\nthe proposed governing body for each separated school;\nthe proposed name for each separated school;\nthe proposed date on which the dividing school is to be divided;\nthe proposed type of education each separated school will provide;\nthe proposed attributes of accreditation of each separated school.\n(sec.59-ssec.1) The governing body may give the board notice (a division notice ), in the approved form, of the intention to divide the school.\n(sec.59-ssec.2) The approved form must require the inclusion of the following— the proposed governing body for each separated school; the proposed name for each separated school; the proposed date on which the dividing school is to be divided; the proposed type of education each separated school will provide; the proposed attributes of accreditation of each separated school.\n- (a) the proposed governing body for each separated school;\n- (b) the proposed name for each separated school;\n- (c) the proposed date on which the dividing school is to be divided;\n- (d) the proposed type of education each separated school will provide;\n- (e) the proposed attributes of accreditation of each separated school.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Decision about division of accredited school","content":"### sec.60 Decision about division of accredited school\n\nIf the board is satisfied the proposed attributes of accreditation for each site at which a separated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the dividing school—\nthe governing body is taken to have—\nsurrendered the accreditation of the dividing school under section 73 (1) ; and\nmade an application for accreditation of each separated school under section 18 ; and\nthe board is taken to have decided to accredit each separated school under section 21 .\nIf subsection (1) (b) applies, the board must—\nremove the details for the dividing school from the register and record the date of the removal; and\nrecord the following details, stated in the division notice, for each separated school on the register—\nthe name of the school;\nthe type of education the school provides;\nthe attributes of accreditation of the school; and\nrecord the date the details for the school were entered on the register; and\ngive the governing body of the dividing school notice of—\nthe decision to accredit each separated school; and\nthe surrender of the accreditation of the dividing school; and\nthe removal of the dividing school from the register.\nIf the board decides it is not satisfied the proposed attributes of accreditation for each separated school are the same as the attributes of accreditation for the dividing school, the board must give the governing body of the dividing school an information notice about the decision.\nSubsection (3) does not prevent a governing body from—\napplying to accredit a separated school under part 2 , division 2 ; or\nsurrendering the accreditation of a dividing school under part 6 , division 3 .\n(sec.60-ssec.1) If the board is satisfied the proposed attributes of accreditation for each site at which a separated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the dividing school— the governing body is taken to have— surrendered the accreditation of the dividing school under section 73 (1) ; and made an application for accreditation of each separated school under section 18 ; and the board is taken to have decided to accredit each separated school under section 21 .\n(sec.60-ssec.2) If subsection (1) (b) applies, the board must— remove the details for the dividing school from the register and record the date of the removal; and record the following details, stated in the division notice, for each separated school on the register— the name of the school; the type of education the school provides; the attributes of accreditation of the school; and record the date the details for the school were entered on the register; and give the governing body of the dividing school notice of— the decision to accredit each separated school; and the surrender of the accreditation of the dividing school; and the removal of the dividing school from the register.\n(sec.60-ssec.3) If the board decides it is not satisfied the proposed attributes of accreditation for each separated school are the same as the attributes of accreditation for the dividing school, the board must give the governing body of the dividing school an information notice about the decision.\n(sec.60-ssec.4) Subsection (3) does not prevent a governing body from— applying to accredit a separated school under part 2 , division 2 ; or surrendering the accreditation of a dividing school under part 6 , division 3 .\n- (a) the governing body is taken to have— (i) surrendered the accreditation of the dividing school under section 73 (1) ; and (ii) made an application for accreditation of each separated school under section 18 ; and\n- (i) surrendered the accreditation of the dividing school under section 73 (1) ; and\n- (ii) made an application for accreditation of each separated school under section 18 ; and\n- (b) the board is taken to have decided to accredit each separated school under section 21 .\n- (i) surrendered the accreditation of the dividing school under section 73 (1) ; and\n- (ii) made an application for accreditation of each separated school under section 18 ; and\n- (a) remove the details for the dividing school from the register and record the date of the removal; and\n- (b) record the following details, stated in the division notice, for each separated school on the register— (i) the name of the school; (ii) the type of education the school provides; (iii) the attributes of accreditation of the school; and\n- (i) the name of the school;\n- (ii) the type of education the school provides;\n- (iii) the attributes of accreditation of the school; and\n- (c) record the date the details for the school were entered on the register; and\n- (d) give the governing body of the dividing school notice of— (i) the decision to accredit each separated school; and (ii) the surrender of the accreditation of the dividing school; and (iii) the removal of the dividing school from the register.\n- (i) the decision to accredit each separated school; and\n- (ii) the surrender of the accreditation of the dividing school; and\n- (iii) the removal of the dividing school from the register.\n- (i) the name of the school;\n- (ii) the type of education the school provides;\n- (iii) the attributes of accreditation of the school; and\n- (i) the decision to accredit each separated school; and\n- (ii) the surrender of the accreditation of the dividing school; and\n- (iii) the removal of the dividing school from the register.\n- (a) applying to accredit a separated school under part 2 , division 2 ; or\n- (b) surrendering the accreditation of a dividing school under part 6 , division 3 .","sortOrder":75},{"sectionNumber":"ch.2-pt.5-div.4","sectionType":"division","heading":"Deemed eligibility for government funding","content":"## Deemed eligibility for government funding","sortOrder":76},{"sectionNumber":"sec.61","sectionType":"section","heading":"Deemed eligibility for government funding","content":"### sec.61 Deemed eligibility for government funding\n\nThis section applies to the governing body of—\nan amalgamated school the board is taken to have decided to accredit under section 57 (1) (c) if the governing bodies of the amalgamating schools were, immediately before the amalgamation, eligible for government funding; or\na separated school the board is taken to have decided to accredit under section 60 (1) (b) if the governing body of the dividing school was, immediately before the division, eligible for government funding.\nThe governing body is taken to be eligible for government funding for the school.\n(sec.61-ssec.1) This section applies to the governing body of— an amalgamated school the board is taken to have decided to accredit under section 57 (1) (c) if the governing bodies of the amalgamating schools were, immediately before the amalgamation, eligible for government funding; or a separated school the board is taken to have decided to accredit under section 60 (1) (b) if the governing body of the dividing school was, immediately before the division, eligible for government funding.\n(sec.61-ssec.2) The governing body is taken to be eligible for government funding for the school.\n- (a) an amalgamated school the board is taken to have decided to accredit under section 57 (1) (c) if the governing bodies of the amalgamating schools were, immediately before the amalgamation, eligible for government funding; or\n- (b) a separated school the board is taken to have decided to accredit under section 60 (1) (b) if the governing body of the dividing school was, immediately before the division, eligible for government funding.","sortOrder":77},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Amendment, cancellation and surrender of accreditations","content":"# Amendment, cancellation and surrender of accreditations","sortOrder":78},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Giving compliance notices","content":"## Giving compliance notices","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Compliance notice","content":"### sec.62 Compliance notice\n\nThis section applies if—\nthe board reasonably believes—\nan accredited school—\nis not complying with an accreditation criterion; or\nhas not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\na matter relating to the noncompliance is reasonably capable of being rectified; and\nit is appropriate to give the school’s governing body an opportunity to rectify the matter; and\nthe board has not given a show cause notice about the matter to the governing body.\nThis section also applies if—\nthe board reasonably believes—\nthe governing body of an accredited school is not, or is no longer, suitable to be the school’s governing body; and\nSee section 26 for suitability of governing body.\na matter relating to the governing body’s suitability is reasonably capable of being rectified; and\nit is appropriate to give the school’s governing body an opportunity to rectify the matter; and\nthe board has not given a show cause notice about the matter to the governing body.\nThe board may give the governing body a notice (a compliance notice ) requiring the governing body to rectify the matter.\nThe compliance notice must state all of the following—\nfor a compliance notice about a matter mentioned in subsection (1) (a) (i) —\nthat the board believes the school—\nis not complying with an accreditation criterion; or\nhas not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\nthe accreditation criterion the board believes is not being, or has not been, complied with; and\nbriefly, how the board believes the accreditation criterion is not being, or has not been, complied with;\nfor a compliance notice about a matter relating to a governing body’s suitability—\nthat the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school’s governing body; and\nbriefly, the reasons for the board’s belief;\nthe matter relating to the noncompliance or suitability the board believes is reasonably capable of being rectified;\nthe reasonable steps the governing body must take to rectify the matter;\nthat the governing body must take the steps within a stated reasonable period.\nThe governing body must comply with the compliance notice, unless the governing body has a reasonable excuse.\n(sec.62-ssec.1) This section applies if— the board reasonably believes— an accredited school— is not complying with an accreditation criterion; or has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and a matter relating to the noncompliance is reasonably capable of being rectified; and it is appropriate to give the school’s governing body an opportunity to rectify the matter; and the board has not given a show cause notice about the matter to the governing body.\n(sec.62-ssec.2) This section also applies if— the board reasonably believes— the governing body of an accredited school is not, or is no longer, suitable to be the school’s governing body; and See section 26 for suitability of governing body. a matter relating to the governing body’s suitability is reasonably capable of being rectified; and it is appropriate to give the school’s governing body an opportunity to rectify the matter; and the board has not given a show cause notice about the matter to the governing body.\n(sec.62-ssec.3) The board may give the governing body a notice (a compliance notice ) requiring the governing body to rectify the matter.\n(sec.62-ssec.4) The compliance notice must state all of the following— for a compliance notice about a matter mentioned in subsection (1) (a) (i) — that the board believes the school— is not complying with an accreditation criterion; or has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and the accreditation criterion the board believes is not being, or has not been, complied with; and briefly, how the board believes the accreditation criterion is not being, or has not been, complied with; for a compliance notice about a matter relating to a governing body’s suitability— that the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school’s governing body; and briefly, the reasons for the board’s belief; the matter relating to the noncompliance or suitability the board believes is reasonably capable of being rectified; the reasonable steps the governing body must take to rectify the matter; that the governing body must take the steps within a stated reasonable period.\n(sec.62-ssec.5) The governing body must comply with the compliance notice, unless the governing body has a reasonable excuse.\n- (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\n- (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\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (ii) a matter relating to the noncompliance is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (b) the board has not given a show cause notice about the matter to the governing body.\n- (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\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (ii) a matter relating to the noncompliance is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (a) the board reasonably believes— (i) the governing body of an accredited school is not, or is no longer, suitable to be the school’s governing body; and Note— See section 26 for suitability of governing body. (ii) a matter relating to the governing body’s suitability 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\n- (i) the governing body of an accredited school is not, or is no longer, suitable to be the school’s governing body; and Note— See section 26 for suitability of governing body.\n- (ii) a matter relating to the governing body’s suitability is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (b) the board has not given a show cause notice about the matter to the governing body.\n- (i) the governing body of an accredited school is not, or is no longer, suitable to be the school’s governing body; and Note— See section 26 for suitability of governing body.\n- (ii) a matter relating to the governing body’s suitability is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (a) for a compliance notice about a matter mentioned in subsection (1) (a) (i) — (i) that the board believes the 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) the accreditation criterion the board believes is not being, or has not been, complied with; and (iii) briefly, how the board believes the accreditation criterion is not being, or has not been, complied with;\n- (i) that the board believes the 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\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (ii) the accreditation criterion the board believes is not being, or has not been, complied with; and\n- (iii) briefly, how the board believes the accreditation criterion is not being, or has not been, complied with;\n- (b) for a compliance notice about a matter relating to a governing body’s suitability— (i) that the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school’s governing body; and (ii) briefly, the reasons for the board’s belief;\n- (i) that the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school’s governing body; and\n- (ii) briefly, the reasons for the board’s belief;\n- (c) the matter relating to the noncompliance or suitability the board believes is reasonably capable of being rectified;\n- (d) the reasonable steps the governing body must take to rectify the matter;\n- (e) that the governing body must take the steps within a stated reasonable period.\n- (i) that the board believes the 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\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (ii) the accreditation criterion the board believes is not being, or has not been, complied with; and\n- (iii) briefly, how the board believes the accreditation criterion is not being, or has not been, complied with;\n- (A) is not complying with an accreditation criterion; or\n- (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and\n- (i) that the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school’s governing body; and\n- (ii) briefly, the reasons for the board’s belief;","sortOrder":80},{"sectionNumber":"sec.63","sectionType":"section","heading":"Report by authorised person","content":"### sec.63 Report by authorised person\n\nThe board may obtain a written report from an authorised person to help the board decide—\nwhether to give a school’s governing body a compliance notice under this division; or\nwhether a school’s governing body has complied with a compliance notice given to the governing body under this division.\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.63-ssec.1) The board may obtain a written report from an authorised person to help the board decide— whether to give a school’s governing body a compliance notice under this division; or whether a school’s governing body has complied with a compliance notice given to the governing body under this division.\n(sec.63-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n- (a) whether to give a school’s governing body a compliance notice under this division; or\n- (b) whether a school’s governing body has complied with a compliance notice given to the governing body under this division.","sortOrder":81},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Amendment and cancellation of accreditations","content":"## Amendment and cancellation of accreditations","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Definition for division","content":"### sec.64 Definition for division\n\nIn this division—\nrelevant attribute of accreditation , for a school, means—\na student-intake day for a year of schooling for the school; or\nan attribute of accreditation of the school that relates to the following—\nthe location of the sites at which the school operates;\nthe provision of boarding facilities at a site at which the school operates;\nthe years of schooling provided by the school at a site at which the school operates;\nthe mode of delivery of education used by the school at a site at which the school operates.\n- (a) a student-intake day for a year of schooling for the school; or\n- (b) an attribute of accreditation of the school that relates to the following— (i) the location of the sites at which the school operates; (ii) the provision of boarding facilities at a site at which the school operates; (iii) the years of schooling provided by the school at a site at which the school operates; (iv) the mode of delivery of education used by the school at a site at which the school operates.\n- (i) the location of the sites at which the school operates;\n- (ii) the provision of boarding facilities at a site at which the school operates;\n- (iii) the years of schooling provided by the school at a site at which the school operates;\n- (iv) the mode of delivery of education used by the school at a site at which the school operates.\n- (i) the location of the sites at which the school operates;\n- (ii) the provision of boarding facilities at a site at which the school operates;\n- (iii) the years of schooling provided by the school at a site at which the school operates;\n- (iv) the mode of delivery of education used by the school at a site at which the school operates.","sortOrder":83},{"sectionNumber":"sec.65","sectionType":"section","heading":"Grounds for amendment","content":"### sec.65 Grounds for amendment\n\nEach of the following is a ground for amending a school’s accreditation by removing or amending a relevant attribute of accreditation for the school—\nfor an attribute relating to a type of education provided by the school—after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the attribute;\nthere has been a change, without the board’s approval under part 3 , in the relevant attribute of accreditation;\nfor a school that is an establishment phase school for a year of schooling—the school does not start to provide education for the year of schooling by the day that is 6 months after the student-intake day for the year of schooling.\n- (a) for an attribute relating to a type of education provided by the school—after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the attribute;\n- (b) there has been a change, without the board’s approval under part 3 , in the relevant attribute of accreditation;\n- (c) for a school that is an establishment phase school for a year of schooling—the school does not start to provide education for the year of schooling by the day that is 6 months after the student-intake day for the year of schooling.","sortOrder":84},{"sectionNumber":"sec.66","sectionType":"section","heading":"Grounds for cancellation","content":"### sec.66 Grounds for cancellation\n\nEach of the following is a ground for cancelling a school’s accreditation for a type of education—\nthe school was accredited because of a materially false or misleading representation or declaration;\nthe school’s governing body is not a corporation;\nthe school’s governing body is not, or is no longer, suitable to be the school’s governing body;\nSee section 26 for suitability of governing body.\nafter the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the type of education;\nthere has been a change, without the board’s approval under part 3 , in an attribute of accreditation for the school;\nthe school’s governing body has not complied with section 170 (2) ;\nthe board is not satisfied the information or documents given by the school’s governing body to the board under section 170 are adequate in helping the board to decide whether the school is complying with the accreditation criteria;\nthe school has not provided the type of education for at least 6 consecutive months;\nif the school is a special assistance school—\nthe school’s governing body has not complied with section 50 (1) or (2) ; or\nthe declaration given by the school’s governing body under 50(1)(c) included a materially false or misleading representation; or\nthe school is not complying, or has not complied, with the temporary site criteria;\nthe school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .\nAlso, 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.\n(sec.66-ssec.1) Each of the following is a ground for cancelling a school’s accreditation for a type of education— the school was accredited because of a materially false or misleading representation or declaration; the school’s governing body is not a corporation; the school’s governing body is not, or is no longer, suitable to be the school’s governing body; See section 26 for suitability of governing body. after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the type of education; there has been a change, without the board’s approval under part 3 , in an attribute of accreditation for the school; the school’s governing body has not complied with section 170 (2) ; the board is not satisfied the information or documents given by the school’s governing body to the board under section 170 are adequate in helping the board to decide whether the school is complying with the accreditation criteria; the school has not provided the type of education for at least 6 consecutive months; if the school is a special assistance school— the school’s governing body has not complied with section 50 (1) or (2) ; or the declaration given by the school’s governing body under 50(1)(c) included a materially false or misleading representation; or the school is not complying, or has not complied, with the temporary site criteria; the school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .\n(sec.66-ssec.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.\n- (a) the school was accredited because of a materially false or misleading representation or declaration;\n- (b) the school’s governing body is not a corporation;\n- (c) the school’s governing body is not, or is no longer, suitable to be the school’s governing body; Note— See section 26 for suitability of governing body.\n- (d) after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the type of education;\n- (e) there has been a change, without the board’s approval under part 3 , in an attribute of accreditation for the school;\n- (f) the school’s governing body has not complied with section 170 (2) ;\n- (g) the board is not satisfied the information or documents given by the school’s governing body to the board under section 170 are adequate in helping the board to decide whether the school is complying with the accreditation criteria;\n- (h) the school has not provided the type of education for at least 6 consecutive months;\n- (i) if the school is a special assistance school— (i) the school’s governing body has not complied with section 50 (1) or (2) ; or (ii) the declaration given by the school’s governing body under 50(1)(c) included a materially false or misleading representation; or (iii) the school is not complying, or has not complied, with the temporary site criteria;\n- (i) the school’s governing body has not complied with section 50 (1) or (2) ; or\n- (ii) the declaration given by the school’s governing body under 50(1)(c) included a materially false or misleading representation; or\n- (iii) the school is not complying, or has not complied, with the temporary site criteria;\n- (j) the school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .\n- (i) the school’s governing body has not complied with section 50 (1) or (2) ; or\n- (ii) the declaration given by the school’s governing body under 50(1)(c) included a materially false or misleading representation; or\n- (iii) the school is not complying, or has not complied, with the temporary site criteria;","sortOrder":85},{"sectionNumber":"sec.67","sectionType":"section","heading":"Show cause notice","content":"### sec.67 Show cause notice\n\nThis section applies if—\nthe board reasonably believes a ground exists to—\namend a school’s accreditation by removing or amending a relevant attribute of accreditation; or\ncancel a school’s accreditation for a type of education; and\nthe board—\nhas not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\nhas given the school’s governing body a compliance notice to rectify a matter to which the ground relates and the governing body—\nhas not complied with the compliance notice within the period stated in the notice; and\ndoes not have a reasonable excuse for not complying.\nThe board must give the governing body a notice (a show cause notice ) stating the following—\nthe action (the proposed action ) the board proposes taking under this division;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed action should not be taken.\nThe governing body may make a written representation about the show cause notice to the board in the period mentioned in subsection (2) (d) (an accepted representation ).\n(sec.67-ssec.1) This section applies if— the board reasonably believes a ground exists to— amend a school’s accreditation by removing or amending a relevant attribute of accreditation; or cancel a school’s accreditation for a type of education; and the board— has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or has given the school’s governing body a compliance notice to rectify a matter to which the ground relates and the governing body— has not complied with the compliance notice within the period stated in the notice; and does not have a reasonable excuse for not complying.\n(sec.67-ssec.2) The board must give the governing body a notice (a show cause notice ) stating the following— the action (the proposed action ) the board proposes taking under this division; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed action should not be taken.\n(sec.67-ssec.3) The governing body may make a written representation about the show cause notice to the board in the period mentioned in subsection (2) (d) (an accepted representation ).\n- (a) the board reasonably believes a ground exists to— (i) amend a school’s accreditation by removing or amending a relevant attribute of accreditation; or (ii) cancel a school’s accreditation for a type of education; and\n- (i) amend a school’s accreditation by removing or amending a relevant attribute of accreditation; or\n- (ii) cancel a school’s accreditation for a type of education; and\n- (b) the board— (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or (ii) has given the school’s governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\n- (ii) has given the school’s governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (i) amend a school’s accreditation by removing or amending a relevant attribute of accreditation; or\n- (ii) cancel a school’s accreditation for a type of education; and\n- (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\n- (ii) has given the school’s governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (a) the action (the proposed action ) the board proposes taking under this division;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed action should not be taken.","sortOrder":86},{"sectionNumber":"sec.68","sectionType":"section","heading":"Considering representations about show cause notice","content":"### sec.68 Considering representations about show cause notice\n\nBefore taking the proposed action stated in the show cause notice, the board must consider all accepted representations for the notice.","sortOrder":87},{"sectionNumber":"sec.69","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.69 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the board no longer believes a ground exists to amend or cancel the accreditation, the board—\nmust not take further action about the show cause notice; and\nmust, 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.\n- (a) must not take further action about the show cause notice; and\n- (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.","sortOrder":88},{"sectionNumber":"sec.70","sectionType":"section","heading":"Amendment","content":"### sec.70 Amendment\n\nThis section applies if, after considering the accepted representations for a show cause notice about the proposed amendment of a school’s accreditation, the board—\nstill believes a ground exists to amend the school’s accreditation by removing or amending a relevant attribute of accreditation; and\nbelieves amendment of the school’s accreditation by removing or amending the relevant attribute of accreditation is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe board may decide to amend the school’s accreditation by removing or amending the relevant attribute of accreditation.\nThe board must, as soon as practicable, give an information notice about the decision to the school’s governing body.\nThe decision does not take effect until—\nthe last day to apply for a review of the decision; or\nif an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n(sec.70-ssec.1) This section applies if, after considering the accepted representations for a show cause notice about the proposed amendment of a school’s accreditation, the board— still believes a ground exists to amend the school’s accreditation by removing or amending a relevant attribute of accreditation; and believes amendment of the school’s accreditation by removing or amending the relevant attribute of accreditation is warranted.\n(sec.70-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.70-ssec.3) The board may decide to amend the school’s accreditation by removing or amending the relevant attribute of accreditation.\n(sec.70-ssec.4) The board must, as soon as practicable, give an information notice about the decision to the school’s governing body.\n(sec.70-ssec.5) The decision does not take effect until— the last day to apply for a review of the decision; or if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n- (a) still believes a ground exists to amend the school’s accreditation by removing or amending a relevant attribute of accreditation; and\n- (b) believes amendment of the school’s accreditation by removing or amending the relevant attribute of accreditation is warranted.\n- (a) the last day to apply for a review of the decision; or\n- (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.","sortOrder":89},{"sectionNumber":"sec.71","sectionType":"section","heading":"Cancellation","content":"### sec.71 Cancellation\n\nThis section applies if, after considering the accepted representations for a show cause notice about the proposed cancellation of a school’s accreditation for a type of education, the board—\nstill believes a ground exists to cancel the accreditation; and\nbelieves cancellation of the accreditation is warranted.\nThis section also applies if there are no accepted representations for the show cause notice.\nThe board may decide to cancel the accreditation.\nThe board must, as soon as practicable, give an information notice about the decision to the school’s governing body.\nThe decision does not take effect until—\nthe last day to apply for a review of the decision; or\nif an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n(sec.71-ssec.1) This section applies if, after considering the accepted representations for a show cause notice about the proposed cancellation of a school’s accreditation for a type of education, the board— still believes a ground exists to cancel the accreditation; and believes cancellation of the accreditation is warranted.\n(sec.71-ssec.2) This section also applies if there are no accepted representations for the show cause notice.\n(sec.71-ssec.3) The board may decide to cancel the accreditation.\n(sec.71-ssec.4) The board must, as soon as practicable, give an information notice about the decision to the school’s governing body.\n(sec.71-ssec.5) The decision does not take effect until— the last day to apply for a review of the decision; or if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.\n- (a) still believes a ground exists to cancel the accreditation; and\n- (b) believes cancellation of the accreditation is warranted.\n- (a) the last day to apply for a review of the decision; or\n- (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of.","sortOrder":90},{"sectionNumber":"sec.72","sectionType":"section","heading":"Report by authorised person","content":"### sec.72 Report by authorised person\n\nThe board may obtain a written report from an authorised person to help the board decide—\nwhether to give a show cause notice under this division; or\nwhether to end the show cause process under section 69 ; or\nwhether to amend or cancel a school’s accreditation under section 70 or 71 .\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.72-ssec.1) The board may obtain a written report from an authorised person to help the board decide— whether to give a show cause notice under this division; or whether to end the show cause process under section 69 ; or whether to amend or cancel a school’s accreditation under section 70 or 71 .\n(sec.72-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n- (a) whether to give a show cause notice under this division; or\n- (b) whether to end the show cause process under section 69 ; or\n- (c) whether to amend or cancel a school’s accreditation under section 70 or 71 .","sortOrder":91},{"sectionNumber":"ch.2-pt.6-div.3","sectionType":"division","heading":"Surrender of accreditations","content":"## Surrender of accreditations","sortOrder":92},{"sectionNumber":"sec.73","sectionType":"section","heading":"Surrender","content":"### sec.73 Surrender\n\nA school’s governing body may, by notice given to the board, surrender an accreditation of the school.\nThe surrender takes effect on the day stated in the notice.\nSubsection (4) applies if—\na governing body surrenders an accreditation for a school; and\nimmediately before the surrender, the governing body was eligible for government funding for the school for which the accreditation is surrendered; and\nafter the surrender, the school is not accredited to provide any type of education.\nThe governing body is not eligible for government funding for the school from the day the surrender takes effect.\n(sec.73-ssec.1) A school’s governing body may, by notice given to the board, surrender an accreditation of the school.\n(sec.73-ssec.2) The surrender takes effect on the day stated in the notice.\n(sec.73-ssec.3) Subsection (4) applies if— a governing body surrenders an accreditation for a school; and immediately before the surrender, the governing body was eligible for government funding for the school for which the accreditation is surrendered; and after the surrender, the school is not accredited to provide any type of education.\n(sec.73-ssec.4) The governing body is not eligible for government funding for the school from the day the surrender takes effect.\n- (a) a governing body surrenders an accreditation for a school; and\n- (b) immediately before the surrender, the governing body was eligible for government funding for the school for which the accreditation is surrendered; and\n- (c) after the surrender, the school is not accredited to provide any type of education.","sortOrder":93},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":94},{"sectionNumber":"sec.74","sectionType":"section","heading":"Operating a school without accreditation","content":"### sec.74 Operating a school without accreditation\n\nA person must not operate a school unless the school is an accredited school.\nMaximum penalty—100 penalty units.","sortOrder":95},{"sectionNumber":"sec.75","sectionType":"section","heading":"Operating an accredited school before its student-intake day","content":"### sec.75 Operating an accredited school before its student-intake day\n\nThe governing body of an accredited school must not provide a type of education at the school before the student-intake day for the type of education.\nMaximum penalty—100 penalty units.","sortOrder":96},{"sectionNumber":"sec.76","sectionType":"section","heading":"Claim about accreditation of school","content":"### sec.76 Claim about accreditation of school\n\nA person must not hold out a school as being an accredited school if it is not an accredited school.\nMaximum penalty—100 penalty units.","sortOrder":97},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":98},{"sectionNumber":"sec.77","sectionType":"section","heading":"Eligibility for government funding","content":"### sec.77 Eligibility for government funding\n\nA governing body of a school is eligible for government funding for the school if the board is satisfied the governing body meets the government funding eligibility criteria.","sortOrder":99},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Applications for eligibility for government funding","content":"# Applications for eligibility for government funding","sortOrder":100},{"sectionNumber":"sec.78","sectionType":"section","heading":"Governing body of school may apply for eligibility for government funding","content":"### sec.78 Governing body of school may apply for eligibility for government funding\n\nThe governing body of an accredited school may apply to be eligible for government funding for the school.\nThe application must—\nbe made to the board; and\nbe in the approved form; and\nbe accompanied by the fee prescribed by regulation.\n(sec.78-ssec.1) The governing body of an accredited school may apply to be eligible for government funding for the school.\n(sec.78-ssec.2) The application must— be made to the board; and be in the approved form; and be accompanied by the fee prescribed by regulation.\n- (a) be made to the board; and\n- (b) be in the approved form; and\n- (c) be accompanied by the fee prescribed by regulation.","sortOrder":101},{"sectionNumber":"sec.79","sectionType":"section","heading":"Deemed applications for eligibility for government funding","content":"### sec.79 Deemed applications for eligibility for government funding\n\nThis section applies if—\nthe governing body of a school applies for accreditation of the school; and\nthe governing body indicates in the application that the governing body seeks to be eligible for government funding for the school.\nThe governing body is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application for accreditation of the school.\nThe application to be eligible for government funding for the school is taken to have been withdrawn if the board—\ndecides to refuse to accredit the school under section 21 (3) ; or\nis taken to have refused to accredit the school under section 23 (1) (a) .\n(sec.79-ssec.1) This section applies if— the governing body of a school applies for accreditation of the school; and the governing body indicates in the application that the governing body seeks to be eligible for government funding for the school.\n(sec.79-ssec.2) The governing body is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application for accreditation of the school.\n(sec.79-ssec.3) The application to be eligible for government funding for the school is taken to have been withdrawn if the board— decides to refuse to accredit the school under section 21 (3) ; or is taken to have refused to accredit the school under section 23 (1) (a) .\n- (a) the governing body of a school applies for accreditation of the school; and\n- (b) the governing body indicates in the application that the governing body seeks to be eligible for government funding for the school.\n- (a) decides to refuse to accredit the school under section 21 (3) ; or\n- (b) is taken to have refused to accredit the school under section 23 (1) (a) .","sortOrder":102},{"sectionNumber":"sec.80","sectionType":"section","heading":"Decision about governing body’s eligibility for government funding","content":"### sec.80 Decision about governing body’s eligibility for government funding\n\nThe board must consider the application and decide whether or not the board is satisfied the governing body meets the government funding eligibility criteria.\nIf the board is satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is eligible for government funding for the school.\nIf the board is not satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is not eligible for government funding for the school.\n(sec.80-ssec.1) The board must consider the application and decide whether or not the board is satisfied the governing body meets the government funding eligibility criteria.\n(sec.80-ssec.2) If the board is satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is eligible for government funding for the school.\n(sec.80-ssec.3) If the board is not satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is not eligible for government funding for the school.","sortOrder":103},{"sectionNumber":"sec.81","sectionType":"section","heading":"Further information or documents","content":"### sec.81 Further information or documents\n\nBefore deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision.\nThe notice may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.\n(sec.81-ssec.1) Before deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision.\n(sec.81-ssec.2) The notice may require the information or document to be verified by a statutory declaration.\n(sec.81-ssec.3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.","sortOrder":104},{"sectionNumber":"sec.82","sectionType":"section","heading":"Failure to decide application","content":"### sec.82 Failure to decide application\n\nIf the board fails to decide the application within 6 months after receiving the application—\nthe failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\nThis section is subject to section 83 .\n(sec.82-ssec.1) If the board fails to decide the application within 6 months after receiving the application— the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.82-ssec.2) This section is subject to section 83 .\n- (a) the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":105},{"sectionNumber":"sec.83","sectionType":"section","heading":"Extension of time to decide application","content":"### sec.83 Extension of time to decide application\n\nThis section applies if the board considers it needs more time to decide the application.\nThe applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\nIf the board fails to make the decision by the agreed day—\nthe failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and\nthe board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.83-ssec.1) This section applies if the board considers it needs more time to decide the application.\n(sec.83-ssec.2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day ) by which the decision is to be made.\n(sec.83-ssec.3) If the board fails to make the decision by the agreed day— the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and the board must, as soon as practicable, give the applicant an information notice about the decision.\n- (a) the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and\n- (b) the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":106},{"sectionNumber":"sec.84","sectionType":"section","heading":"Steps to be taken after decision","content":"### sec.84 Steps to be taken after decision\n\nIf the board decides the governing body is eligible for government funding for the school, the board must, as soon as practicable give the applicant and the Minister notice of the decision.\nIf the board decides the governing body is not eligible for government funding for the school, the board must, as soon as practicable, give the applicant an information notice about the decision.\n(sec.84-ssec.1) If the board decides the governing body is eligible for government funding for the school, the board must, as soon as practicable give the applicant and the Minister notice of the decision.\n(sec.84-ssec.2) If the board decides the governing body is not eligible for government funding for the school, the board must, as soon as practicable, give the applicant an information notice about the decision.","sortOrder":107},{"sectionNumber":"sec.85","sectionType":"section","heading":"Report by authorised person","content":"### sec.85 Report by authorised person\n\nBefore deciding the application, the board may obtain a written report from an authorised person about a matter mentioned in section 10 .\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.85-ssec.1) Before deciding the application, the board may obtain a written report from an authorised person about a matter mentioned in section 10 .\n(sec.85-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .","sortOrder":108},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Withdrawal of eligibility for government funding","content":"# Withdrawal of eligibility for government funding","sortOrder":109},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":110},{"sectionNumber":"sec.86","sectionType":"section","heading":"Application of part","content":"### sec.86 Application of part\n\nThis part applies to a school the governing body of which is eligible for government funding for the school.","sortOrder":111},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Giving compliance notices","content":"## Giving compliance notices","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":"Compliance notice","content":"### sec.87 Compliance notice\n\nThis section applies if—\nthe board reasonably believes—\nthe governing body of an accredited school does not meet the government funding eligibility criteria (the noncompliance ); and\na matter relating to the noncompliance is reasonably capable of being rectified; and\nit is appropriate to give the school’s governing body an opportunity to rectify the matter; and\nthe board has not given a show cause notice about the matter to the governing body.\nThe board may give the governing body a notice (a compliance notice ) requiring the governing body to rectify the matter.\nThe compliance notice must state—\nthat the board believes the governing body does not meet the government funding eligibility criteria; and\nbriefly, the reasons for the board’s belief; and\nthe matter relating to the noncompliance the board believes is reasonably capable of being rectified; and\nthe reasonable steps the governing body must take to rectify the matter; and\nthat the governing body must take the steps within a stated reasonable period.\nThe governing body must comply with the compliance notice, unless the governing body has a reasonable excuse.\n(sec.87-ssec.1) This section applies if— the board reasonably believes— the governing body of an accredited school does not meet the government funding eligibility criteria (the noncompliance ); and a matter relating to the noncompliance is reasonably capable of being rectified; and it is appropriate to give the school’s governing body an opportunity to rectify the matter; and the board has not given a show cause notice about the matter to the governing body.\n(sec.87-ssec.2) The board may give the governing body a notice (a compliance notice ) requiring the governing body to rectify the matter.\n(sec.87-ssec.3) The compliance notice must state— that the board believes the governing body does not meet the government funding eligibility criteria; and briefly, the reasons for the board’s belief; and the matter relating to the noncompliance the board believes is reasonably capable of being rectified; and the reasonable steps the governing body must take to rectify the matter; and that the governing body must take the steps within a stated reasonable period.\n(sec.87-ssec.4) The governing body must comply with the compliance notice, unless the governing body has a reasonable excuse.\n- (a) the board reasonably believes— (i) the governing body of an accredited school does not meet the government funding eligibility criteria (the noncompliance ); 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\n- (i) the governing body of an accredited school does not meet the government funding eligibility criteria (the noncompliance ); and\n- (ii) a matter relating to the noncompliance is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (b) the board has not given a show cause notice about the matter to the governing body.\n- (i) the governing body of an accredited school does not meet the government funding eligibility criteria (the noncompliance ); and\n- (ii) a matter relating to the noncompliance is reasonably capable of being rectified; and\n- (iii) it is appropriate to give the school’s governing body an opportunity to rectify the matter; and\n- (a) that the board believes the governing body does not meet the government funding eligibility criteria; and\n- (b) briefly, the reasons for the board’s belief; and\n- (c) the matter relating to the noncompliance the board believes is reasonably capable of being rectified; and\n- (d) the reasonable steps the governing body must take to rectify the matter; and\n- (e) that the governing body must take the steps within a stated reasonable period.","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":"Report by authorised person","content":"### sec.88 Report by authorised person\n\nThe board may obtain a written report from an authorised person to help the board decide—\nwhether to give a school’s governing body a compliance notice; or\nwhether a school’s governing body has complied with a compliance notice given to the governing body.\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.88-ssec.1) The board may obtain a written report from an authorised person to help the board decide— whether to give a school’s governing body a compliance notice; or whether a school’s governing body has complied with a compliance notice given to the governing body.\n(sec.88-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n- (a) whether to give a school’s governing body a compliance notice; or\n- (b) whether a school’s governing body has complied with a compliance notice given to the governing body.","sortOrder":114},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Withdrawal of eligibility for government funding after show cause process","content":"## Withdrawal of eligibility for government funding after show cause process","sortOrder":115},{"sectionNumber":"sec.89","sectionType":"section","heading":"Grounds for withdrawal of eligibility for government funding","content":"### sec.89 Grounds for withdrawal of eligibility for government funding\n\nEach of the following is a ground for withdrawal of a governing body’s eligibility for government funding for a school—\nthe governing body is an ineligible company;\nthe school is being operated for profit;\nthe governing body is a party to a prohibited arrangement;\nthere is a direct or indirect connection between the school’s governing body and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\na matter mentioned in paragraphs (a) to (d) existed during a particular period when the school’s governing body received government funding for the school;\nthe school’s governing body has not complied with section 171 (3) ;\nthe school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .\nFor subsection (1) (c) , (d) or (e) , if the ground exists because of a prohibited arrangement or connection mentioned in section 10 (c) or (d) , it is immaterial when the prohibited arrangement or connection came into existence.\n(sec.89-ssec.1) Each of the following is a ground for withdrawal of a governing body’s eligibility for government funding for a school— the governing body is an ineligible company; the school is being operated for profit; the governing body is a party to a prohibited arrangement; there is a direct or indirect connection between the school’s governing body and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions; a matter mentioned in paragraphs (a) to (d) existed during a particular period when the school’s governing body received government funding for the school; the school’s governing body has not complied with section 171 (3) ; the school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .\n(sec.89-ssec.2) For subsection (1) (c) , (d) or (e) , if the ground exists because of a prohibited arrangement or connection mentioned in section 10 (c) or (d) , it is immaterial when the prohibited arrangement or connection came into existence.\n- (a) the governing body is an ineligible company;\n- (b) the school is being operated for profit;\n- (c) the governing body is a party to a prohibited arrangement;\n- (d) there is a direct or indirect connection between the school’s governing body and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\n- (e) a matter mentioned in paragraphs (a) to (d) existed during a particular period when the school’s governing body received government funding for the school;\n- (f) the school’s governing body has not complied with section 171 (3) ;\n- (g) the school’s governing body did not allow an authorised person to enter the school’s premises under section 137 .","sortOrder":116},{"sectionNumber":"sec.90","sectionType":"section","heading":"Show cause notice","content":"### sec.90 Show cause notice\n\nThis section applies if—\nthe board believes a ground exists for the withdrawal of the governing body’s eligibility for government funding for the school; and\nthe board—\nhas not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\nhas given the governing body a compliance notice to rectify a matter to which the ground relates and the governing body—\nhas not complied with the compliance notice within the period stated in the notice; and\ndoes not have a reasonable excuse for not complying.\nThe board must give the governing body a notice (a show cause notice ) stating the following—\nthe decision (the proposed decision ) the board proposes to make under this division;\nthe grounds for the proposed decision;\nan outline of the facts and circumstances forming the basis for the grounds;\nan invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed decision should not be made.\nThe governing body may make a written representation about the show cause notice to the board in the period mentioned in subsection (2) (d) (an accepted representation ).\nThe board must give the Minister a copy of a show cause notice given under subsection (2) .\n(sec.90-ssec.1) This section applies if— the board believes a ground exists for the withdrawal of the governing body’s eligibility for government funding for the school; and the board— has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or has given the governing body a compliance notice to rectify a matter to which the ground relates and the governing body— has not complied with the compliance notice within the period stated in the notice; and does not have a reasonable excuse for not complying.\n(sec.90-ssec.2) The board must give the governing body a notice (a show cause notice ) stating the following— the decision (the proposed decision ) the board proposes to make under this division; the grounds for the proposed decision; an outline of the facts and circumstances forming the basis for the grounds; an invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed decision should not be made.\n(sec.90-ssec.3) The governing body may make a written representation about the show cause notice to the board in the period mentioned in subsection (2) (d) (an accepted representation ).\n(sec.90-ssec.4) The board must give the Minister a copy of a show cause notice given under subsection (2) .\n- (a) the board believes a ground exists for the withdrawal of the governing body’s eligibility for government funding for the school; and\n- (b) the board— (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or (ii) has given the governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\n- (ii) has given the governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (i) has not given, and does not propose to give, the school’s governing body a compliance notice to rectify a matter to which the ground relates; or\n- (ii) has given the governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (A) has not complied with the compliance notice within the period stated in the notice; and\n- (B) does not have a reasonable excuse for not complying.\n- (a) the decision (the proposed decision ) the board proposes to make under this division;\n- (b) the grounds for the proposed decision;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) an invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed decision should not be made.","sortOrder":117},{"sectionNumber":"sec.91","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.91 Representations about show cause notice\n\nBefore making the proposed decision stated in the show cause notice, the board must consider all accepted representations for the notice.","sortOrder":118},{"sectionNumber":"sec.92","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.92 Ending show cause process without further action\n\nIf, after considering the accepted representations for the show cause notice, the board no longer believes a ground exists for withdrawing the governing body’s eligibility for government funding for the school, the board—\nmust not take further action about the show cause notice; and\nmust, as soon as practicable, give notice to the Minister and the governing body that no further action is to be taken about the show cause notice.\n- (a) must not take further action about the show cause notice; and\n- (b) must, as soon as practicable, give notice to the Minister and the governing body that no further action is to be taken about the show cause notice.","sortOrder":119},{"sectionNumber":"sec.93","sectionType":"section","heading":"Decision by board","content":"### sec.93 Decision by board\n\nThis section applies if—\nafter considering the accepted representations for the show cause notice, the board still believes the ground exists for withdrawing the governing body’s eligibility for government funding for the school; or\nthere are no accepted representations for the show cause notice.\nThe board must decide whether the governing body’s eligibility for government funding for the school should be withdrawn—\nif the show cause notice is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or\notherwise—from the day the board believes the ground arose.\nIf the board decides to withdraw the governing body’s eligibility for government funding for the school, the board must as soon as practicable—\ngive the governing body an information notice about the decision; and\ngive the Minister notice of the decision.\nFor subsection (3) (a) , the information notice must state—\nif the withdrawal of the eligibility for government funding is for a particular period—the period; or\notherwise—the day from which the withdrawal of the eligibility for government funding has effect.\n(sec.93-ssec.1) This section applies if— after considering the accepted representations for the show cause notice, the board still believes the ground exists for withdrawing the governing body’s eligibility for government funding for the school; or there are no accepted representations for the show cause notice.\n(sec.93-ssec.2) The board must decide whether the governing body’s eligibility for government funding for the school should be withdrawn— if the show cause notice is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or otherwise—from the day the board believes the ground arose.\n(sec.93-ssec.3) If the board decides to withdraw the governing body’s eligibility for government funding for the school, the board must as soon as practicable— give the governing body an information notice about the decision; and give the Minister notice of the decision.\n(sec.93-ssec.4) For subsection (3) (a) , the information notice must state— if the withdrawal of the eligibility for government funding is for a particular period—the period; or otherwise—the day from which the withdrawal of the eligibility for government funding has effect.\n- (a) after considering the accepted representations for the show cause notice, the board still believes the ground exists for withdrawing the governing body’s eligibility for government funding for the school; or\n- (b) there are no accepted representations for the show cause notice.\n- (a) if the show cause notice is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or\n- (b) otherwise—from the day the board believes the ground arose.\n- (a) give the governing body an information notice about the decision; and\n- (b) give the Minister notice of the decision.\n- (a) if the withdrawal of the eligibility for government funding is for a particular period—the period; or\n- (b) otherwise—the day from which the withdrawal of the eligibility for government funding has effect.","sortOrder":120},{"sectionNumber":"sec.94","sectionType":"section","heading":"Report by authorised person","content":"### sec.94 Report by authorised person\n\nThe board may obtain a written report from an authorised person to help the board decide—\nwhether to issue a show cause notice; or\nwhether to end the show cause process under section 92 ; or\nwhether to withdraw a governing body’s eligibility for government funding for a school under section 93 .\nTo prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n(sec.94-ssec.1) The board may obtain a written report from an authorised person to help the board decide— whether to issue a show cause notice; or whether to end the show cause process under section 92 ; or whether to withdraw a governing body’s eligibility for government funding for a school under section 93 .\n(sec.94-ssec.2) To prepare the report, the authorised person may exercise the authorised person’s powers under chapter 4 , part 2 .\n- (a) whether to issue a show cause notice; or\n- (b) whether to end the show cause process under section 92 ; or\n- (c) whether to withdraw a governing body’s eligibility for government funding for a school under section 93 .","sortOrder":121},{"sectionNumber":"sec.95","sectionType":"section","heading":"Effect of withdrawal of eligibility for government funding","content":"### sec.95 Effect of withdrawal of eligibility for government funding\n\nThe withdrawal of a governing body’s eligibility for government funding for a school has effect—\nif the withdrawal is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or\notherwise—from the day the board believes the ground arose.\nFor subsection (1) (a) , it is immaterial—\nwhen the period occurred; or\nthat the governing body was again eligible for government funding for the school after the period.\n(sec.95-ssec.1) The withdrawal of a governing body’s eligibility for government funding for a school has effect— if the withdrawal is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or otherwise—from the day the board believes the ground arose.\n(sec.95-ssec.2) For subsection (1) (a) , it is immaterial— when the period occurred; or that the governing body was again eligible for government funding for the school after the period.\n- (a) if the withdrawal is based on a ground mentioned in section 89 (1) (e) —for the period the board believes the ground existed; or\n- (b) otherwise—from the day the board believes the ground arose.\n- (a) when the period occurred; or\n- (b) that the governing body was again eligible for government funding for the school after the period.","sortOrder":122},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Automatic withdrawal of eligibility for government funding","content":"## Automatic withdrawal of eligibility for government funding","sortOrder":123},{"sectionNumber":"sec.96","sectionType":"section","heading":"Effect of cancellation of accreditation","content":"### sec.96 Effect of cancellation of accreditation\n\nSubsection (2) applies if—\na school’s accreditation for a type of education is cancelled; and\nimmediately before the cancellation, the governing body was eligible for government funding for the school for which the accreditation is cancelled; and\nafter the cancellation, the school is not accredited to provide any type of education.\nThe school’s governing body’s eligibility for government funding for the school is taken to be withdrawn when the cancellation has effect under this Act.\n(sec.96-ssec.1) Subsection (2) applies if— a school’s accreditation for a type of education is cancelled; and immediately before the cancellation, the governing body was eligible for government funding for the school for which the accreditation is cancelled; and after the cancellation, the school is not accredited to provide any type of education.\n(sec.96-ssec.2) The school’s governing body’s eligibility for government funding for the school is taken to be withdrawn when the cancellation has effect under this Act.\n- (a) a school’s accreditation for a type of education is cancelled; and\n- (b) immediately before the cancellation, the governing body was eligible for government funding for the school for which the accreditation is cancelled; and\n- (c) after the cancellation, the school is not accredited to provide any type of education.","sortOrder":124},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Non-State Schools Accreditation Board","content":"# Non-State Schools Accreditation Board","sortOrder":125},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":126},{"sectionNumber":"sec.97","sectionType":"section","heading":"Non-State Schools Accreditation Board","content":"### sec.97 Non-State Schools Accreditation Board\n\nThe Non-State Schools Accreditation Board is continued in existence.\nThe board—\nis a body corporate; and\nmay sue and be sued in its corporate name.\nIn this section—\nNon-State Schools Accreditation Board means the Non-State Schools Accreditation Board established under the repealed Education (Accreditation of Non-State Schools) Act 2001 , section 105 .\n(sec.97-ssec.1) The Non-State Schools Accreditation Board is continued in existence.\n(sec.97-ssec.2) The board— is a body corporate; and may sue and be sued in its corporate name.\n(sec.97-ssec.3) In this section— Non-State Schools Accreditation Board means the Non-State Schools Accreditation Board established under the repealed Education (Accreditation of Non-State Schools) Act 2001 , section 105 .\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":127},{"sectionNumber":"sec.98","sectionType":"section","heading":"Board represents the State","content":"### sec.98 Board represents the State\n\nThe board represents the State.\nWithout limiting subsection (1) , the board has the status, privileges and immunities of the State.\n(sec.98-ssec.1) The board represents the State.\n(sec.98-ssec.2) Without limiting subsection (1) , the board has the status, privileges and immunities of the State.","sortOrder":128},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application of other Acts","content":"### sec.99 Application of other Acts\n\nThe board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the board’s powers.\n(sec.99-ssec.1) The board is a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.99-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the board’s powers.","sortOrder":129},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":130},{"sectionNumber":"sec.100","sectionType":"section","heading":"Functions of board","content":"### sec.100 Functions of board\n\nThe board has the following functions—\nto assess applications for accreditation of non-State schools;\nto accredit non-State schools;\nto assess and decide applications about governing bodies’ eligibility for government funding;\nto keep a register of accredited schools;\nto monitor whether accredited schools continue to comply with the accreditation criteria;\nto monitor whether the governing bodies of accredited schools are suitable to continue to be a school’s governing body;\nto monitor whether the governing bodies of non-State schools that are eligible for government funding for the schools continue to meet the government funding eligibility criteria;\nto monitor and enforce compliance with this Act;\nto conduct investigations about contraventions of, or noncompliance with, this Act;\nto examine, and advise the Minister about, the operation of the accreditation and eligibility for government funding schemes under this Act, including, for example, the examining of and reporting on a matter referred to the board by the Minister;\nanother function given to the board under this Act or another Act.\n- (a) to assess applications for accreditation of non-State schools;\n- (b) to accredit non-State schools;\n- (c) to assess and decide applications about governing bodies’ eligibility for government funding;\n- (d) to keep a register of accredited schools;\n- (e) to monitor whether accredited schools continue to comply with the accreditation criteria;\n- (f) to monitor whether the governing bodies of accredited schools are suitable to continue to be a school’s governing body;\n- (g) to monitor whether the governing bodies of non-State schools that are eligible for government funding for the schools continue to meet the government funding eligibility criteria;\n- (h) to monitor and enforce compliance with this Act;\n- (i) to conduct investigations about contraventions of, or noncompliance with, this Act;\n- (j) to examine, and advise the Minister about, the operation of the accreditation and eligibility for government funding schemes under this Act, including, for example, the examining of and reporting on a matter referred to the board by the Minister;\n- (k) another function given to the board under this Act or another Act.","sortOrder":131},{"sectionNumber":"sec.101","sectionType":"section","heading":"Powers of board","content":"### sec.101 Powers of board\n\nThe board has all the powers of an individual, and may, for example—\nenter into contracts or agreements; and\nacquire, hold, deal with, and dispose of, property; and\nappoint agents and attorneys; and\nengage consultants and researchers; and\ndo anything else necessary or convenient to be done in performing its functions.\n- (a) enter into contracts or agreements; and\n- (b) acquire, hold, deal with, and dispose of, property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants and researchers; and\n- (e) do anything else necessary or convenient to be done in performing its functions.","sortOrder":132},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Membership of board","content":"### sec.102 Membership of board\n\nThe board consists of 7 persons (each a member ), as follows—\n1 member nominated by the Minister;\n3 members (the Minister’s consultation nominees ) nominated by the Minister after consulting with ISQ and CEQL;\n1 member nominated by the chief executive;\n1 member nominated by ISQ;\n1 member nominated by CEQL.\nEach member must be appointed by the Governor in Council.\nA Minister’s consultation nominee—\nmust not be a person who is—\nan employee of the department; or\nworking full-time in an accredited school; or\na director of an accredited school’s governing body; or\na member of an entity representing the interests of governing bodies of accredited schools; and\nmust be appropriately qualified to be a member of the board.\ns 102 amd 2025 No. 24 s 39K\n(sec.102-ssec.1) The board consists of 7 persons (each a member ), as follows— 1 member nominated by the Minister; 3 members (the Minister’s consultation nominees ) nominated by the Minister after consulting with ISQ and CEQL; 1 member nominated by the chief executive; 1 member nominated by ISQ; 1 member nominated by CEQL.\n(sec.102-ssec.2) Each member must be appointed by the Governor in Council.\n(sec.102-ssec.3) A Minister’s consultation nominee— must not be a person who is— an employee of the department; or working full-time in an accredited school; or a director of an accredited school’s governing body; or a member of an entity representing the interests of governing bodies of accredited schools; and must be appropriately qualified to be a member of the board.\n- (a) 1 member nominated by the Minister;\n- (b) 3 members (the Minister’s consultation nominees ) nominated by the Minister after consulting with ISQ and CEQL;\n- (c) 1 member nominated by the chief executive;\n- (d) 1 member nominated by ISQ;\n- (e) 1 member nominated by CEQL.\n- (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\n- (i) an employee of the department; or\n- (ii) working full-time in an accredited school; or\n- (iii) a director of an accredited school’s governing body; or\n- (iv) a member of an entity representing the interests of governing bodies of accredited schools; and\n- (b) must be appropriately qualified to be a member of the board.\n- (i) an employee of the department; or\n- (ii) working full-time in an accredited school; or\n- (iii) a director of an accredited school’s governing body; or\n- (iv) a member of an entity representing the interests of governing bodies of accredited schools; and","sortOrder":134},{"sectionNumber":"sec.103","sectionType":"section","heading":"Nominee of ISQ or CEQL","content":"### sec.103 Nominee of ISQ or CEQL\n\nThis section applies to the nomination of a person by an entity under section 102 (1) (d) or (e) .\nThe Minister must give the entity a notice stating a reasonable period within which it may nominate the person.\nIf the entity does not nominate a person within the period stated in the notice, the Minister may nominate a person and the nomination is taken to have been made by the entity.\ns 103 amd 2025 No. 24 s 39L\n(sec.103-ssec.1) This section applies to the nomination of a person by an entity under section 102 (1) (d) or (e) .\n(sec.103-ssec.2) The Minister must give the entity a notice stating a reasonable period within which it may nominate the person.\n(sec.103-ssec.3) If the entity does not nominate a person within the period stated in the notice, the Minister may nominate a person and the nomination is taken to have been made by the entity.","sortOrder":135},{"sectionNumber":"sec.104","sectionType":"section","heading":"Term of appointment","content":"### sec.104 Term of appointment\n\nA member holds office for the term, not longer than 4 years, stated in the member’s instrument of appointment.","sortOrder":136},{"sectionNumber":"sec.105","sectionType":"section","heading":"Conditions of appointment","content":"### sec.105 Conditions of appointment\n\nA member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\nA member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\nA member is appointed under this Act and not the Public Sector Act 2022 .\ns 105 amd 2022 No. 34 s 365 sch 3\n(sec.105-ssec.1) A member is entitled to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.105-ssec.2) A member holds office on the terms and conditions, not provided for by this Act, decided by the Governor in Council.\n(sec.105-ssec.3) A member is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":137},{"sectionNumber":"sec.106","sectionType":"section","heading":"Chairperson","content":"### sec.106 Chairperson\n\nThe person nominated by the Minister under section 102 (1) (a) is the chairperson of the board.\nThe chairperson holds office for the term of the person’s appointment as a member.\nThe office of chairperson becomes vacant if the chairperson stops being a member.\n(sec.106-ssec.1) The person nominated by the Minister under section 102 (1) (a) is the chairperson of the board.\n(sec.106-ssec.2) The chairperson holds office for the term of the person’s appointment as a member.\n(sec.106-ssec.3) The office of chairperson becomes vacant if the chairperson stops being a member.","sortOrder":138},{"sectionNumber":"sec.107","sectionType":"section","heading":"Deputy chairperson","content":"### sec.107 Deputy chairperson\n\nThe board must appoint a member as the deputy chairperson of the board.\nThe deputy chairperson holds office for the term decided by the board.\nHowever, the term mentioned in subsection (2) can not be longer than the term of the person’s appointment as a member.\nThe office of deputy chairperson becomes vacant if the deputy chairperson—\nresigns from office by giving the board a notice of resignation; or\nstops being a member.\nHowever, a person may continue being a member after resigning the office of deputy chairperson.\nThe deputy chairperson is to act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n(sec.107-ssec.1) The board must appoint a member as the deputy chairperson of the board.\n(sec.107-ssec.2) The deputy chairperson holds office for the term decided by the board.\n(sec.107-ssec.3) However, the term mentioned in subsection (2) can not be longer than the term of the person’s appointment as a member.\n(sec.107-ssec.4) The office of deputy chairperson becomes vacant if the deputy chairperson— resigns from office by giving the board a notice of resignation; or stops being a member.\n(sec.107-ssec.5) However, a person may continue being a member after resigning the office of deputy chairperson.\n(sec.107-ssec.6) The deputy chairperson is to act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.\n- (a) resigns from office by giving the board a notice of resignation; or\n- (b) stops being a member.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.","sortOrder":139},{"sectionNumber":"sec.108","sectionType":"section","heading":"Disqualification as member","content":"### sec.108 Disqualification as member\n\nA person is disqualified from becoming, or continuing as, a member if the person—\nis a member of the Legislative Assembly; or\nis a councillor of a local government; or\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6.\nA person is also disqualified from becoming a member if the person does not consent to the Minister asking for a report about the person’s criminal history under section 112 .\nThe Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to—\nthe circumstances of an offence of which a person has been convicted; or\nthe circumstances under which a person became an insolvent under administration.\nThe Minister may—\nif the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not ended, give the chairperson and the person notice (the approval notice ) that—\nthe person is restored as a member; and\nthe person may be later reappointed, despite the conviction or being an insolvent under administration; or\notherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\nThe person is restored as a member on the day the chairperson receives the approval notice.\nThe restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\nIn this section—\nconviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.\ns 108 amd 2023 No. 23 s 247 sch 1 s 2 (1)\n(sec.108-ssec.1) A person is disqualified from becoming, or continuing as, a member if the person— is a member of the Legislative Assembly; or is a councillor of a local government; or has a conviction, other than a spent conviction, for an indictable offence; or is an insolvent under administration; or is disqualified from managing corporations because of the Corporations Act , part 2D .6.\n(sec.108-ssec.2) A person is also disqualified from becoming a member if the person does not consent to the Minister asking for a report about the person’s criminal history under section 112 .\n(sec.108-ssec.3) The Minister may act under subsection (4) if the Minister considers it would be reasonable to do so, having regard to— the circumstances of an offence of which a person has been convicted; or the circumstances under which a person became an insolvent under administration.\n(sec.108-ssec.4) The Minister may— if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not ended, give the chairperson and the person notice (the approval notice ) that— the person is restored as a member; and the person may be later reappointed, despite the conviction or being an insolvent under administration; or otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n(sec.108-ssec.5) The person is restored as a member on the day the chairperson receives the approval notice.\n(sec.108-ssec.6) The restored member’s term of appointment as a member ends when it would have ended if the member had not been convicted of the offence or become an insolvent under administration.\n(sec.108-ssec.7) In this section— conviction , for an indictable offence, does not include being found guilty of an offence, on a plea of guilty or otherwise, without a conviction being recorded for the offence.\n- (a) is a member of the Legislative Assembly; or\n- (b) is a councillor of a local government; or\n- (c) has a conviction, other than a spent conviction, for an indictable offence; or\n- (d) is an insolvent under administration; or\n- (e) is disqualified from managing corporations because of the Corporations Act , part 2D .6.\n- (a) the circumstances of an offence of which a person has been convicted; or\n- (b) the circumstances under which a person became an insolvent under administration.\n- (a) if the person was a member when the person was convicted or became an insolvent under administration, and the term of the person’s appointment as a member has not ended, give the chairperson and the person notice (the approval notice ) that— (i) the person is restored as a member; and (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or\n- (b) otherwise—give written approval for the person to become a member despite the conviction or being an insolvent under administration.\n- (i) the person is restored as a member; and\n- (ii) the person may be later reappointed, despite the conviction or being an insolvent under administration; or","sortOrder":140},{"sectionNumber":"sec.109","sectionType":"section","heading":"Vacancy in office","content":"### sec.109 Vacancy in office\n\nA member’s office becomes vacant if the member—\ncan not continue as a member under section 108 ; or\nresigns office under section 110 ; or\nis absent, without the board’s permission, from 3 consecutive board meetings of which notice has been given.\nAlso, a member who is a Minister’s consultation nominee is taken to have vacated office if the member becomes a person mentioned in section 102 (3) (a) .\n(sec.109-ssec.1) A member’s office becomes vacant if the member— can not continue as a member under section 108 ; or resigns office under section 110 ; or is absent, without the board’s permission, from 3 consecutive board meetings of which notice has been given.\n(sec.109-ssec.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 102 (3) (a) .\n- (a) can not continue as a member under section 108 ; or\n- (b) resigns office under section 110 ; or\n- (c) is absent, without the board’s permission, from 3 consecutive board meetings of which notice has been given.","sortOrder":141},{"sectionNumber":"sec.110","sectionType":"section","heading":"Resignation","content":"### sec.110 Resignation\n\nA member may resign by signed notice given to the Minister.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.110-ssec.1) A member may resign by signed notice given to the Minister.\n(sec.110-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":142},{"sectionNumber":"sec.111","sectionType":"section","heading":"Leave of absence","content":"### sec.111 Leave of absence\n\nThe Minister may—\napprove a leave of absence for a member; and\nappoint another person to act in the office of the member during the leave of absence.\nSubsection (1) does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\nIf the Minister approves a leave of absence for the deputy chairperson, the board may appoint another member to be the deputy chairperson during the leave of absence.\n(sec.111-ssec.1) The Minister may— approve a leave of absence for a member; and appoint another person to act in the office of the member during the leave of absence.\n(sec.111-ssec.2) Subsection (1) does not limit the Governor in Council’s powers under the Acts Interpretation Act 1954 , section 25 (1) (b) (v) .\n(sec.111-ssec.3) If the Minister approves a leave of absence for the deputy chairperson, the board may appoint another member to be the deputy chairperson during the leave of absence.\n- (a) approve a leave of absence for a member; and\n- (b) appoint another person to act in the office of the member during the leave of absence.","sortOrder":143},{"sectionNumber":"ch.4-pt.1-div.4","sectionType":"division","heading":"Criminal history","content":"## Criminal history","sortOrder":144},{"sectionNumber":"sec.112","sectionType":"section","heading":"Criminal history report","content":"### sec.112 Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as a member, the Minister may ask the commissioner of the police service for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe commissioner of the police service must comply with the request.\nThe 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.\nThe Minister must ensure the report and any other document or information given to the board by the commissioner of the police is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.112-ssec.1) To decide if a person is disqualified from becoming or continuing as a member, the Minister may ask the commissioner of the police service for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.112-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.112-ssec.3) The commissioner of the police service must comply with the request.\n(sec.112-ssec.4) 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.\n(sec.112-ssec.5) The Minister must ensure the report and any other document or information given to the board by the commissioner of the police is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":145},{"sectionNumber":"sec.113","sectionType":"section","heading":"Changes in criminal history must be disclosed","content":"### sec.113 Changes in criminal history must be disclosed\n\nIf 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.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nthe existence of the conviction;\nwhen the offence was committed;\ndetails adequate to identify the offence;\nthe sentence imposed on the member.\nIf 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.\nIn this section—\ncriminal 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.\n(sec.113-ssec.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.\n(sec.113-ssec.2) The notice must include the following information— the existence of the conviction; when the offence was committed; details adequate to identify the offence; the sentence imposed on the member.\n(sec.113-ssec.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.\n(sec.113-ssec.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.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) details adequate to identify the offence;\n- (d) the sentence imposed on the member.","sortOrder":146},{"sectionNumber":"ch.4-pt.1-div.5","sectionType":"division","heading":"Business and meetings","content":"## Business and meetings","sortOrder":147},{"sectionNumber":"sec.114","sectionType":"section","heading":"Conduct of business","content":"### sec.114 Conduct of business\n\nSubject to this division, the board may conduct its business and hold meetings in the way the board decides.","sortOrder":148},{"sectionNumber":"sec.115","sectionType":"section","heading":"Time and place of meetings","content":"### sec.115 Time and place of meetings\n\nBoard meetings must be held at the times and places the chairperson decides.\nHowever, the chairperson must call a meeting if asked, in writing, by the Minister or at least the number of members required to form a quorum for the meeting.\nThe board must meet as often as necessary for it to perform its functions.\nWithout limiting subsection (3) , the board must meet at least 4 times a year.\n(sec.115-ssec.1) Board meetings must be held at the times and places the chairperson decides.\n(sec.115-ssec.2) However, the chairperson must call a meeting if asked, in writing, by the Minister or at least the number of members required to form a quorum for the meeting.\n(sec.115-ssec.3) The board must meet as often as necessary for it to perform its functions.\n(sec.115-ssec.4) Without limiting subsection (3) , the board must meet at least 4 times a year.","sortOrder":149},{"sectionNumber":"sec.116","sectionType":"section","heading":"Quorum","content":"### sec.116 Quorum\n\nA quorum for a board meeting is a majority of the members at the time the meeting is held.","sortOrder":150},{"sectionNumber":"sec.117","sectionType":"section","heading":"Conduct of meetings","content":"### sec.117 Conduct of meetings\n\nA question at a board meeting must be a decided by a majority of the votes of the members present.\nEach member present at the meeting has a vote on each question to be decided.\nA member who abstains from voting, other than a member who abstains because of a conflict of interest, is taken to have voted for the negative.\nIf the votes of the members present at the meeting are equal, the chairperson has a casting vote.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nA member who takes part in a meeting of the board under subsection (5) is taken to have been present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\nnotice of the resolution is given under procedures approved by the board; and\na majority of members agree in writing to the resolution.\n(sec.117-ssec.1) A question at a board meeting must be a decided by a majority of the votes of the members present.\n(sec.117-ssec.2) Each member present at the meeting has a vote on each question to be decided.\n(sec.117-ssec.3) A member who abstains from voting, other than a member who abstains because of a conflict of interest, is taken to have voted for the negative.\n(sec.117-ssec.4) If the votes of the members present at the meeting are equal, the chairperson has a casting vote.\n(sec.117-ssec.5) 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 persons taking part in the meeting.\n(sec.117-ssec.6) A member who takes part in a meeting of the board under subsection (5) is taken to have been present at the meeting.\n(sec.117-ssec.7) A resolution is validly made by the board, even if it is not passed at a board meeting, if— notice of the resolution is given under procedures approved by the board; and a majority of members agree in writing to the resolution.\n- (a) notice of the resolution is given under procedures approved by the board; and\n- (b) a majority of members agree in writing to the resolution.","sortOrder":151},{"sectionNumber":"sec.118","sectionType":"section","heading":"Attendance by proxy","content":"### sec.118 Attendance by proxy\n\nA member may attend a board meeting by proxy.\nA member is not entitled to preside at a meeting merely because the member is the proxy holder for another member who, if present, would be entitled to preside.\n(sec.118-ssec.1) A member may attend a board meeting by proxy.\n(sec.118-ssec.2) A member is not entitled to preside at a meeting merely because the member is the proxy holder for another member who, if present, would be entitled to preside.","sortOrder":152},{"sectionNumber":"sec.119","sectionType":"section","heading":"Disclosure of interest","content":"### sec.119 Disclosure of interest\n\nThis section applies to a member if—\nthe member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the member’s duties for considering the matter.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\nThe disclosure must be recorded in the board’s minutes.\nUnless the board otherwise decides, the member must not—\nbe present when the board considers the matter; or\ntake part in a decision of the board about the matter.\nThe member must not be present when the board is considering its decision under subsection (4) .\nAnother member who also has a direct or indirect financial or personal interest in the matter must not—\nbe present when the board is considering its decision under subsection (4) ; or\ntake part in making the decision.\nSubsection (8) applies if—\nbecause of this section, a member is not present at a board meeting for considering a matter, or for considering a decision under subsection (4) ; and\nthere would be a quorum if the member were present.\nThe members present are a quorum of the board for considering the matter, or for considering a decision under subsection (4) , at the meeting.\n(sec.119-ssec.1) This section applies to a member if— the member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties for considering the matter.\n(sec.119-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a board meeting.\n(sec.119-ssec.3) The disclosure must be recorded in the board’s minutes.\n(sec.119-ssec.4) Unless the board otherwise decides, the member must not— be present when the board considers the matter; or take part in a decision of the board about the matter.\n(sec.119-ssec.5) The member must not be present when the board is considering its decision under subsection (4) .\n(sec.119-ssec.6) Another member who also has a direct or indirect financial or personal interest in the matter must not— be present when the board is considering its decision under subsection (4) ; or take part in making the decision.\n(sec.119-ssec.7) Subsection (8) applies if— because of this section, a member is not present at a board meeting for considering a matter, or for considering a decision under subsection (4) ; and there would be a quorum if the member were present.\n(sec.119-ssec.8) The members present are a quorum of the board for considering the matter, or for considering a decision under subsection (4) , at the meeting.\n- (a) the member has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties for considering the matter.\n- (a) be present when the board considers the matter; or\n- (b) take part in a decision of the board about the matter.\n- (a) be present when the board is considering its decision under subsection (4) ; or\n- (b) take part in making the decision.\n- (a) because of this section, a member is not present at a board meeting for considering a matter, or for considering a decision under subsection (4) ; and\n- (b) there would be a quorum if the member were present.","sortOrder":153},{"sectionNumber":"ch.4-pt.1-div.6","sectionType":"division","heading":"Administrative support of board","content":"## Administrative support of board","sortOrder":154},{"sectionNumber":"sec.120","sectionType":"section","heading":"Administrative support","content":"### sec.120 Administrative support\n\nThe chief executive must ensure the board has the administrative support services reasonably required for the board to perform its functions effectively and efficiently.","sortOrder":155},{"sectionNumber":"ch.4-pt.1-div.7","sectionType":"division","heading":"Interaction between Minister and board","content":"## Interaction between Minister and board","sortOrder":156},{"sectionNumber":"sec.121","sectionType":"section","heading":"Minister may refer matter to board","content":"### sec.121 Minister may refer matter to board\n\nIf the Minister considers there is a matter about the accreditation of schools or the eligibility of governing bodies of schools for government funding the board should examine, the Minister may, by notice, refer the matter to the board for its examination.\nThe Minister may, in the notice, ask the board to give the Minister a written report about the matter after completing the examination.\nIf the notice includes a request by the Minister for a report, the board must, as soon as practicable after completing the examination, give the Minister a written report about the matter.\nThe report may include a recommendation about making a change in relation to the accreditation of schools or the eligibility for government funding under this Act.\n(sec.121-ssec.1) If the Minister considers there is a matter about the accreditation of schools or the eligibility of governing bodies of schools for government funding the board should examine, the Minister may, by notice, refer the matter to the board for its examination.\n(sec.121-ssec.2) The Minister may, in the notice, ask the board to give the Minister a written report about the matter after completing the examination.\n(sec.121-ssec.3) If the notice includes a request by the Minister for a report, the board must, as soon as practicable after completing the examination, give the Minister a written report about the matter.\n(sec.121-ssec.4) The report may include a recommendation about making a change in relation to the accreditation of schools or the eligibility for government funding under this Act.","sortOrder":157},{"sectionNumber":"sec.122","sectionType":"section","heading":"Minister may ask board to reassess governing body’s eligibility for government funding","content":"### sec.122 Minister may ask board to reassess governing body’s eligibility for government funding\n\nIf the Minister is satisfied a school’s governing body’s eligibility for government funding for the school should be reassessed, the Minister may, by notice, ask the board to reassess the eligibility.\nIf the Minister gives the board a notice under subsection (1) , the board must reassess whether the board is satisfied the governing body meets the government funding eligibility criteria.\nFor carrying out the reassessment, sections 81 (1) and (2) and 85 apply as if a reference in sections 81 (1) and 85 (1) to the application were a reference to whether the board is satisfied the governing body meets the government funding eligibility criteria.\nThe Minister may, in the notice, ask the board to give the Minister a written report about the matter after completing the reassessment.\nIf the notice includes a request by the Minister for a report, the board must, as soon as practicable after completing the reassessment, give the Minister a written report about the reassessment.\n(sec.122-ssec.1) If the Minister is satisfied a school’s governing body’s eligibility for government funding for the school should be reassessed, the Minister may, by notice, ask the board to reassess the eligibility.\n(sec.122-ssec.2) If the Minister gives the board a notice under subsection (1) , the board must reassess whether the board is satisfied the governing body meets the government funding eligibility criteria.\n(sec.122-ssec.3) For carrying out the reassessment, sections 81 (1) and (2) and 85 apply as if a reference in sections 81 (1) and 85 (1) to the application were a reference to whether the board is satisfied the governing body meets the government funding eligibility criteria.\n(sec.122-ssec.4) The Minister may, in the notice, ask the board to give the Minister a written report about the matter after completing the reassessment.\n(sec.122-ssec.5) If the notice includes a request by the Minister for a report, the board must, as soon as practicable after completing the reassessment, give the Minister a written report about the reassessment.","sortOrder":158},{"sectionNumber":"sec.123","sectionType":"section","heading":"Minister’s power to give directions in the public interest","content":"### sec.123 Minister’s power to give directions in the public interest\n\nThe Minister may give the board a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.\nWithout limiting subsection (1) , the direction may be that the board must comply with—\na policy, standard or other instrument applying to a public sector unit; or\nanother document, including, for example, another policy, standard or instrument.\nThe board must comply with the direction.\nThe direction can not be about—\nthe accreditation of a particular school; or\nchanging the attributes of accreditation of a particular school; or\ncancelling the accreditation of a particular school; or\na decision of the board about the amalgamation or division of a school under chapter 2 , part 5 ; or\na decision of the board about the eligibility of a particular school’s governing body for government funding.\nIn 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.\n(sec.123-ssec.1) The Minister may give the board a written direction about a matter relevant to the performance of the board’s functions under this Act if the Minister is satisfied it is necessary to give the direction in the public interest.\n(sec.123-ssec.2) Without limiting subsection (1) , the direction may be that the board must comply with— a policy, standard or other instrument applying to a public sector unit; or another document, including, for example, another policy, standard or instrument.\n(sec.123-ssec.3) The board must comply with the direction.\n(sec.123-ssec.4) The direction can not be about— the accreditation of a particular school; or changing the attributes of accreditation of a particular school; or cancelling the accreditation of a particular school; or a decision of the board about the amalgamation or division of a school under chapter 2 , part 5 ; or a decision of the board about the eligibility of a particular school’s governing body for government funding.\n(sec.123-ssec.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.\n- (a) a policy, standard or other instrument applying to a public sector unit; or\n- (b) another document, including, for example, another policy, standard or instrument.\n- (a) the accreditation of a particular school; or\n- (b) changing the attributes of accreditation of a particular school; or\n- (c) cancelling the accreditation of a particular school; or\n- (d) a decision of the board about the amalgamation or division of a school under chapter 2 , part 5 ; or\n- (e) a decision of the board about the eligibility of a particular school’s governing body for government funding.","sortOrder":159},{"sectionNumber":"sec.124","sectionType":"section","heading":"Minister may require information or documents","content":"### sec.124 Minister may require information or documents\n\nThe Minister may, by notice, ask the board to do the following within a stated reasonable period and in a stated reasonable way—\ngive the Minister relevant information in the board’s knowledge about a stated matter;\ngive the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.\nThe board must comply with the request.\nIf a document is given to the Minister, the Minister may keep the document to copy it and must return the document to the board as soon as practicable after copying it.\nThe Minister may disclose the information, or give the document or copy of the document, to an entity the Minister considers appropriate to help the Minister assess a matter relevant to the way the board is carrying out its functions.\nIn this section—\nrelevant , in relation to information or a document, means relating to the board’s powers or functions under this Act.\n(sec.124-ssec.1) The Minister may, by notice, ask the board to do the following within a stated reasonable period and in a stated reasonable way— give the Minister relevant information in the board’s knowledge about a stated matter; give the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.\n(sec.124-ssec.2) The board must comply with the request.\n(sec.124-ssec.3) If a document is given to the Minister, the Minister may keep the document to copy it and must return the document to the board as soon as practicable after copying it.\n(sec.124-ssec.4) The Minister may disclose the information, or give the document or copy of the document, to an entity the Minister considers appropriate to help the Minister assess a matter relevant to the way the board is carrying out its functions.\n(sec.124-ssec.5) In this section— relevant , in relation to information or a document, means relating to the board’s powers or functions under this Act.\n- (a) give the Minister relevant information in the board’s knowledge about a stated matter;\n- (b) give the Minister, or make available for inspection by the Minister, a relevant document or copy of a relevant document about a stated matter in the board’s possession or control.","sortOrder":160},{"sectionNumber":"sec.125","sectionType":"section","heading":"Notice to Minister about action taken in relation to a grammar school","content":"### sec.125 Notice to Minister about action taken in relation to a grammar school\n\nThis section applies if the board gives any of the following notices under this Act to the governing body of a grammar school—\na compliance notice;\na show cause notice;\na notice under section 69 (b) ;\nan information notice about a decision to cancel the school’s accreditation.\nThe board must also give a copy of the notice to the Minister.\n(sec.125-ssec.1) This section applies if the board gives any of the following notices under this Act to the governing body of a grammar school— a compliance notice; a show cause notice; a notice under section 69 (b) ; an information notice about a decision to cancel the school’s accreditation.\n(sec.125-ssec.2) The board must also give a copy of the notice to the Minister.\n- (a) a compliance notice;\n- (b) a show cause notice;\n- (c) a notice under section 69 (b) ;\n- (d) an information notice about a decision to cancel the school’s accreditation.","sortOrder":161},{"sectionNumber":"ch.4-pt.1-div.8","sectionType":"division","heading":"Register of accredited schools","content":"## Register of accredited schools","sortOrder":162},{"sectionNumber":"sec.126","sectionType":"section","heading":"Register to be kept","content":"### sec.126 Register to be kept\n\nThe board must keep a register about accredited schools.\nThe register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\nThe register must contain the following information for each accredited school—\nthe school’s name;\nthe day of its accreditation;\nthe student-intake day for each type of education the school may provide under the school’s accreditation;\nif the school is an establishment phase school for a year of schooling—the student-intake day for the year of schooling;\nthe attributes of accreditation of the school;\ndetails of the type of education that may be provided at the school;\nwhether the governing body for the school is eligible for government funding;\nother information prescribed by regulation.\n(sec.126-ssec.1) The board must keep a register about accredited schools.\n(sec.126-ssec.2) The register may be kept in the way the board considers appropriate, including, for example, in an electronic form.\n(sec.126-ssec.3) The register must contain the following information for each accredited school— the school’s name; the day of its accreditation; the student-intake day for each type of education the school may provide under the school’s accreditation; if the school is an establishment phase school for a year of schooling—the student-intake day for the year of schooling; the attributes of accreditation of the school; details of the type of education that may be provided at the school; whether the governing body for the school is eligible for government funding; other information prescribed by regulation.\n- (a) the school’s name;\n- (b) the day of its accreditation;\n- (c) the student-intake day for each type of education the school may provide under the school’s accreditation;\n- (d) if the school is an establishment phase school for a year of schooling—the student-intake day for the year of schooling;\n- (e) the attributes of accreditation of the school;\n- (f) details of the type of education that may be provided at the school;\n- (g) whether the governing body for the school is eligible for government funding;\n- (h) other information prescribed by regulation.","sortOrder":163},{"sectionNumber":"sec.127","sectionType":"section","heading":"Inspection of register","content":"### sec.127 Inspection of register\n\nThe board must—\nkeep the register open for inspection, on payment of the fee prescribed by regulation, at the board’s office by members of the public during ordinary office hours; and\ngive a person a copy of the register, or a part of it, on payment of the fee prescribed by regulation.\n- (a) keep the register open for inspection, on payment of the fee prescribed by regulation, at the board’s office by members of the public during ordinary office hours; and\n- (b) give a person a copy of the register, or a part of it, on payment of the fee prescribed by regulation.","sortOrder":164},{"sectionNumber":"ch.4-pt.1-div.9","sectionType":"division","heading":"Information sharing arrangements","content":"## Information sharing arrangements","sortOrder":165},{"sectionNumber":"sec.128","sectionType":"section","heading":"Board may enter into information sharing arrangement","content":"### sec.128 Board may enter into information sharing arrangement\n\nThis section applies only to the extent—\nanother provision of this Act allows the board to give information to the chief executive (employment screening); or\na provision of the Working with Children Check Act 2000 allows the chief executive (employment screening) to give information to the board.\nThe board and the chief executive (employment screening) may enter into a written arrangement by which the information is given or received.\nWithout limiting subsection (2) , the arrangement may provide for the electronic transfer of information.\nHowever, if the information is to be electronically transferred and, under this Act or the Working with Children Check Act 2000 , there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\nIn this section—\nchief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\ns 128 amd 2024 No. 49 s 130 sch 4 pt 1\n(sec.128-ssec.1) This section applies only to the extent— another provision of this Act allows the board to give information to the chief executive (employment screening); or a provision of the Working with Children Check Act 2000 allows the chief executive (employment screening) to give information to the board.\n(sec.128-ssec.2) The board and the chief executive (employment screening) may enter into a written arrangement by which the information is given or received.\n(sec.128-ssec.3) Without limiting subsection (2) , the arrangement may provide for the electronic transfer of information.\n(sec.128-ssec.4) However, if the information is to be electronically transferred and, under this Act or the Working with Children Check Act 2000 , there is a limitation on who may access the information or the purposes for which the information may be used, the arrangement must provide for the limitation.\n(sec.128-ssec.5) In this section— chief executive (employment screening) means the chief executive of the department in which the Working with Children Check Act 2000 is administered.\n- (a) another provision of this Act allows the board to give information to the chief executive (employment screening); or\n- (b) a provision of the Working with Children Check Act 2000 allows the chief executive (employment screening) to give information to the board.","sortOrder":166},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":167},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Functions and appointment","content":"## Functions and appointment","sortOrder":168},{"sectionNumber":"sec.129","sectionType":"section","heading":"Functions of authorised persons","content":"### sec.129 Functions of authorised persons\n\nAn authorised person has the functions of finding out the following—\nwhether an accredited school is complying with the accreditation criteria;\nwhether the governing body, or proposed governing body, of a school is, or continues to be, suitable to be the school’s governing body;\nSee section 26 for suitability of governing body.\nwhether a special assistance school providing special assistance at a temporary site is complying with the temporary site criteria;\nin relation to a school the governing body of which is eligible for government funding for the school—\nwhether the school is being operated for profit; or\nwhether the governing body of the school is a party to a prohibited arrangement in relation to the operation of the school; or\nwhether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\nin relation to the governing body of an accredited school that is applying to be eligible for government funding for the school—\nwhether the school is being operated for profit; or\nwhether the governing body is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school;\nwhether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\nAn authorised person’s functions also include—\nverifying school survey data relating to an accredited school; and\ninvestigating offences under this Act; and\nanother function given to the authorised person under this Act or another Act.\n(sec.129-ssec.1) An authorised person has the functions of finding out the following— whether an accredited school is complying with the accreditation criteria; whether the governing body, or proposed governing body, of a school is, or continues to be, suitable to be the school’s governing body; See section 26 for suitability of governing body. whether a special assistance school providing special assistance at a temporary site is complying with the temporary site criteria; in relation to a school the governing body of which is eligible for government funding for the school— whether the school is being operated for profit; or whether the governing body of the school is a party to a prohibited arrangement in relation to the operation of the school; or whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions; in relation to the governing body of an accredited school that is applying to be eligible for government funding for the school— whether the school is being operated for profit; or whether the governing body is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school; whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\n(sec.129-ssec.2) An authorised person’s functions also include— verifying school survey data relating to an accredited school; and investigating offences under this Act; and another function given to the authorised person under this Act or another Act.\n- (a) whether an accredited school is complying with the accreditation criteria;\n- (b) whether the governing body, or proposed governing body, of a school is, or continues to be, suitable to be the school’s governing body; Note— See section 26 for suitability of governing body.\n- (c) whether a special assistance school providing special assistance at a temporary site is complying with the temporary site criteria;\n- (d) in relation to a school the governing body of which is eligible for government funding for the school— (i) whether the school is being operated for profit; or (ii) whether the governing body of the school is a party to a prohibited arrangement in relation to the operation of the school; or (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\n- (i) whether the school is being operated for profit; or\n- (ii) whether the governing body of the school is a party to a prohibited arrangement in relation to the operation of the school; or\n- (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\n- (e) in relation to the governing body of an accredited school that is applying to be eligible for government funding for the school— (i) whether the school is being operated for profit; or (ii) whether the governing body is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school; (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\n- (i) whether the school is being operated for profit; or\n- (ii) whether the governing body is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school;\n- (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\n- (i) whether the school is being operated for profit; or\n- (ii) whether the governing body of the school is a party to a prohibited arrangement in relation to the operation of the school; or\n- (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions;\n- (i) whether the school is being operated for profit; or\n- (ii) whether the governing body is a party to, or intends to enter into, a prohibited arrangement in relation to the operation of the school;\n- (iii) whether there is a direct or indirect connection between the governing body of the school and another entity that could reasonably be expected to compromise the independence of the governing body when making financial decisions.\n- (a) verifying school survey data relating to an accredited school; and\n- (b) investigating offences under this Act; and\n- (c) another function given to the authorised person under this Act or another Act.","sortOrder":169},{"sectionNumber":"sec.130","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.130 Appointment and qualifications\n\nThe board may, by instrument in writing, appoint a person as an authorised person if the board is satisfied the person is—\nappropriately qualified to be an authorised person; and\na suitable person to perform 1 or more of the functions of an authorised person.\nA person is not a suitable person to perform the functions of an authorised person if the person does not have a working with children authority.\nSubsection (2) does not limit the matters to which the board may have regard in considering the suitability of a person to perform the functions of an authorised person.\ns 130 amd 2019 No. 18 s 86 (2) sch 2\n(sec.130-ssec.1) The board may, by instrument in writing, appoint a person as an authorised person if the board is satisfied the person is— appropriately qualified to be an authorised person; and a suitable person to perform 1 or more of the functions of an authorised person.\n(sec.130-ssec.2) A person is not a suitable person to perform the functions of an authorised person if the person does not have a working with children authority.\n(sec.130-ssec.3) Subsection (2) does not limit the matters to which the board may have regard in considering the suitability of a person to perform the functions of an authorised person.\n- (a) appropriately qualified to be an authorised person; and\n- (b) a suitable person to perform 1 or more of the functions of an authorised person.","sortOrder":170},{"sectionNumber":"sec.131","sectionType":"section","heading":"Appointment conditions","content":"### sec.131 Appointment conditions\n\nAn authorised person holds office on the conditions stated in the authorised person’s instrument of appointment.\nThe instrument of appointment may limit the authorised person’s functions or powers.\n(sec.131-ssec.1) An authorised person holds office on the conditions stated in the authorised person’s instrument of appointment.\n(sec.131-ssec.2) The instrument of appointment may limit the authorised person’s functions or powers.","sortOrder":171},{"sectionNumber":"sec.132","sectionType":"section","heading":"When office ends","content":"### sec.132 When office ends\n\nThe office of a person as an authorised person ends if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the office ends;\nthe authorised person’s resignation under section 133 takes effect.\nSubsection (1) does not limit the ways the office of a person as an authorised person ends.\nIn this section—\ncondition of office means a condition under which the authorised person holds office.\n(sec.132-ssec.1) The office of a person as an authorised person ends if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the office ends; the authorised person’s resignation under section 133 takes effect.\n(sec.132-ssec.2) Subsection (1) does not limit the ways the office of a person as an authorised person ends.\n(sec.132-ssec.3) In this section— condition of office means a condition under which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the office ends;\n- (c) the authorised person’s resignation under section 133 takes effect.","sortOrder":172},{"sectionNumber":"sec.133","sectionType":"section","heading":"Resignation","content":"### sec.133 Resignation\n\nAn authorised person may resign by signed notice given to the board.\nThe resignation takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the later day.\n(sec.133-ssec.1) An authorised person may resign by signed notice given to the board.\n(sec.133-ssec.2) The resignation takes effect on— the day the notice is given; or if a later day is stated in the notice—the later day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the later day.","sortOrder":173},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"Identity cards","content":"## Identity cards","sortOrder":174},{"sectionNumber":"sec.134","sectionType":"section","heading":"Issue of identity card","content":"### sec.134 Issue of identity card\n\nThe board must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photograph of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\n(sec.134-ssec.1) The board must issue an identity card to each authorised person.\n(sec.134-ssec.2) The identity card must— contain a recent photograph of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n- (a) contain a recent photograph of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":175},{"sectionNumber":"sec.135","sectionType":"section","heading":"Production or display of identity card","content":"### sec.135 Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an authorised person must—\nproduce the authorised person’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place under section 139 (1) (b) or 141 .\n(sec.135-ssec.1) In exercising a power in relation to a person in the person’s presence, an authorised person must— produce the authorised person’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.135-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.135-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to a person only because the authorised person has entered a place under section 139 (1) (b) or 141 .\n- (a) produce the authorised person’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":176},{"sectionNumber":"sec.136","sectionType":"section","heading":"Return of identity card","content":"### sec.136 Return of identity card\n\nIf the office of a person as an authorised person ends, the person must return the person’s identity card to the chairperson within 21 days after the office ends unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":177},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Entry of places by authorised persons","content":"## Entry of places by authorised persons","sortOrder":178},{"sectionNumber":"sec.137","sectionType":"section","heading":"Power to enter accredited school’s premises","content":"### sec.137 Power to enter accredited school’s premises\n\nAn authorised person may enter an accredited school’s premises, during ordinary office hours, after complying with section 138 .","sortOrder":179},{"sectionNumber":"sec.138","sectionType":"section","heading":"Notice of entry","content":"### sec.138 Notice of entry\n\nIf an authorised person wishes to enter an accredited school’s premises, the authorised person must give the school’s governing body a notice advising the governing body of—\nthe purpose of the entry; and\nthe day on which the entry is proposed.\nIf the authorised person is performing a function mentioned in section 129 (2) (a) or (b) , 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.\nIf the authorised person is performing a function other than a function mentioned in section 129 (2) (a) and (b) , the day on which entry is proposed must not be less than 7 days after the day the notice is given to the governing body.\nIn deciding the period of notice to be given before entering the school’s premises, the authorised person must have regard to the circumstances of the proposed entry.\n(sec.138-ssec.1) If an authorised person wishes to enter an accredited school’s premises, the authorised person must give the school’s governing body a notice advising the governing body of— the purpose of the entry; and the day on which the entry is proposed.\n(sec.138-ssec.2) If the authorised person is performing a function mentioned in section 129 (2) (a) or (b) , 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.\n(sec.138-ssec.3) If the authorised person is performing a function other than a function mentioned in section 129 (2) (a) and (b) , the day on which entry is proposed must not be less than 7 days after the day the notice is given to the governing body.\n(sec.138-ssec.4) In deciding the period of notice to be given before entering the school’s premises, the authorised person must have regard to the circumstances of the proposed entry.\n- (a) the purpose of the entry; and\n- (b) the day on which the entry is proposed.","sortOrder":180},{"sectionNumber":"sec.139","sectionType":"section","heading":"Power to enter places other than accredited school’s premises","content":"### sec.139 Power to enter places other than accredited school’s premises\n\nAn authorised person may enter a place, other than an accredited school’s premises, for carrying out a function if—\nan occupier of the place consents under subdivision 3 to the entry and section 142 has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 149 has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.139-ssec.1) An authorised person may enter a place, other than an accredited school’s premises, for carrying out a function if— an occupier of the place consents under subdivision 3 to the entry and section 142 has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 149 has been complied with for the occupier.\n(sec.139-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.139-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n- (a) an occupier of the place consents under subdivision 3 to the entry and section 142 has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 149 has been complied with for the occupier.","sortOrder":181},{"sectionNumber":"sec.140","sectionType":"section","heading":"Obtaining consent of occupier","content":"### sec.140 Obtaining consent of occupier\n\nThis subdivision applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 139 (1) (a) .","sortOrder":182},{"sectionNumber":"sec.141","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.141 Incidental entry to ask for access\n\nFor the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":183},{"sectionNumber":"sec.142","sectionType":"section","heading":"Matters authorised person must tell occupier","content":"### sec.142 Matters authorised person must tell occupier\n\nBefore asking for the consent, the authorised person must give a reasonable explanation to the occupier—\nabout the purpose of the entry, including the powers intended to be exercised; and\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time.\n- (a) about the purpose of the entry, including the powers intended to be exercised; and\n- (b) that the occupier is not required to consent; and\n- (c) that the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":184},{"sectionNumber":"sec.143","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.143 Consent acknowledgement\n\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthe following has been explained to the occupier—\nthe purpose of the entry, including the powers to be exercised;\nthat the occupier is not required to consent;\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthe occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\nthe time and day the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding before a court or the board about whether the occupier of the place consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.143-ssec.1) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.143-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and the following has been explained to the occupier— the purpose of the entry, including the powers to be exercised; that the occupier is not required to consent; that the consent may be given subject to conditions and may be withdrawn at any time; and the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and the time and day the consent was given; and any conditions of the consent.\n(sec.143-ssec.3) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.143-ssec.4) If— an issue arises in a proceeding before a court or the board about whether the occupier of the place consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) the following has been explained to the occupier— (i) the purpose of the entry, including the powers to be exercised; (ii) that the occupier is not required to consent; (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) the purpose of the entry, including the powers to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (c) the occupier gives the authorised person or another authorised person consent to enter the place and exercise the powers; and\n- (d) the time and day the consent was given; and\n- (e) any conditions of the consent.\n- (i) the purpose of the entry, including the powers to be exercised;\n- (ii) that the occupier is not required to consent;\n- (iii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding before a court or the board about whether the occupier of the place consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":185},{"sectionNumber":"sec.144","sectionType":"section","heading":"Application for warrant","content":"### sec.144 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by a statutory declaration.\n(sec.144-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.144-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.144-ssec.3) The written application must be sworn.\n(sec.144-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the application to be given by a statutory declaration.","sortOrder":186},{"sectionNumber":"sec.145","sectionType":"section","heading":"Issue of warrant","content":"### sec.145 Issue of warrant\n\nThe magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence about a matter being investigated by the authorised person.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person or any authorised person may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry; and\nexercise the authorised person’s powers under this division; and\nparticulars of the matter being investigated that the magistrate considers appropriate; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\n(sec.145-ssec.1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence about a matter being investigated by the authorised person.\n(sec.145-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person or any authorised person may with necessary and reasonable help and force— enter the place and any other place necessary for entry; and exercise the authorised person’s powers under this division; and particulars of the matter being investigated that the magistrate considers appropriate; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person or any authorised person may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the authorised person’s powers under this division; and\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and\n- (c) particulars of the matter being investigated that the magistrate considers appropriate; and\n- (d) the evidence that may be seized under the warrant; and\n- (e) the hours of the day or night when the place may be entered; and\n- (f) the magistrate’s name; and\n- (g) the day and time of the warrant’s issue; and\n- (h) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry; and\n- (ii) exercise the authorised person’s powers under this division; and","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"Electronic application","content":"### sec.146 Electronic application\n\nAn application under section 144 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 144 (2) ; but\nmay be made before the written application is sworn.\n(sec.146-ssec.1) An application under section 144 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.146-ssec.2) The application— may not be made before the authorised person prepares the written application under section 144 (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 144 (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.147 Additional procedure if electronic application\n\nFor an application made under section 146 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 146 ; and\nthe way the application was made under section 146 was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the information mentioned in section 145 (2) ; and\nthe authorised person must complete a form of warrant including by writing on it the information mentioned in section 145 (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 144 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (4) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 144 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.147-ssec.1) For an application made under section 146 , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 146 ; and the way the application was made under section 146 was appropriate.\n(sec.147-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the information mentioned in section 145 (2) ; and the authorised person must complete a form of warrant including by writing on it the information mentioned in section 145 (2) provided by the magistrate.\n(sec.147-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.147-ssec.4) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 144 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n(sec.147-ssec.5) The magistrate must keep the original warrant and, on receiving the documents under subsection (4) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.147-ssec.6) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.147-ssec.7) This section does not limit section 144 .\n(sec.147-ssec.8) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) it was necessary to make the application under section 146 ; and\n- (b) the way the application was made under section 146 was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the information mentioned in section 145 (2) ; and (ii) the authorised person must complete a form of warrant including by writing on it the information mentioned in section 145 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 145 (2) ; and\n- (ii) the authorised person must complete a form of warrant including by writing on it the information mentioned in section 145 (2) provided by the magistrate.\n- (i) the magistrate must tell the authorised person the information mentioned in section 145 (2) ; and\n- (ii) the authorised person must complete a form of warrant including by writing on it the information mentioned in section 145 (2) provided by the magistrate.\n- (a) the written application complying with section 144 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (2) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.148 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with sections 144 to 146 ;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 147 (3) .\n(sec.148-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with sections 144 to 146 ; unless the defect affects the substance of the warrant in a material particular.\n(sec.148-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 147 (3) .\n- (a) the warrant; or\n- (b) compliance with sections 144 to 146 ;","sortOrder":190},{"sectionNumber":"sec.149","sectionType":"section","heading":"Entry procedure","content":"### sec.149 Entry procedure\n\nThis section applies if an authorised person is intending to enter a place under a warrant issued under this subdivision.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 147 (3) .\n(sec.149-ssec.1) This section applies if an authorised person is intending to enter a place under a warrant issued under this subdivision.\n(sec.149-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.149-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.\n(sec.149-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 147 (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the authorised person’s identity card or another document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":191},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":"General powers after entry","content":"## General powers after entry","sortOrder":192},{"sectionNumber":"sec.150","sectionType":"section","heading":"Application of division","content":"### sec.150 Application of division\n\nThis division applies to an authorised person who enters a place under section 137 or 139 .\nHowever, if the authorised person enters under section 139 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\n(sec.150-ssec.1) This division applies to an authorised person who enters a place under section 137 or 139 .\n(sec.150-ssec.2) However, if the authorised person enters under section 139 (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":193},{"sectionNumber":"sec.151","sectionType":"section","heading":"General powers","content":"### sec.151 General powers\n\nThe authorised person may do any of the following (each a general power ) for a relevant purpose—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place any person, equipment and materials the authorised person reasonably requires for exercising a power under this part.\nAlso, if the authorised person is performing a function mentioned in section 129 (2) (a) , the authorised person may physically verify—\nfor a school offering classroom education—that certain students enrolled for classroom education at the school are attending the school; or\nfor a school offering distance education—that certain students enrolled for distance education at the school are undertaking the education.\nThe authorised person may take a necessary step to allow the exercise of a general power.\nIf the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\nIf the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\nrelevant purpose means—\nfor an investigation for the preparation of a report under this Act—relevant to the matter being investigated; or\nfor another investigation—monitoring compliance with this Act.\n(sec.151-ssec.1) The authorised person may do any of the following (each a general power ) for a relevant purpose— search any part of the place; inspect, examine or film any part of the place or anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place any person, equipment and materials the authorised person reasonably requires for exercising a power under this part.\n(sec.151-ssec.2) Also, if the authorised person is performing a function mentioned in section 129 (2) (a) , the authorised person may physically verify— for a school offering classroom education—that certain students enrolled for classroom education at the school are attending the school; or for a school offering distance education—that certain students enrolled for distance education at the school are undertaking the education.\n(sec.151-ssec.3) The authorised person may take a necessary step to allow the exercise of a general power.\n(sec.151-ssec.4) If the authorised person takes a document from the place to copy it, the authorised person must copy the document and return it to the place as soon as practicable.\n(sec.151-ssec.5) If the authorised person takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised person must produce the document and return the article or device to the place as soon as practicable.\n(sec.151-ssec.6) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents. relevant purpose means— for an investigation for the preparation of a report under this Act—relevant to the matter being investigated; or for another investigation—monitoring compliance with this Act.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (d) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (e) take to, into or onto the place any person, equipment and materials the authorised person reasonably requires for exercising a power under this part.\n- (a) for a school offering classroom education—that certain students enrolled for classroom education at the school are attending the school; or\n- (b) for a school offering distance education—that certain students enrolled for distance education at the school are undertaking the education.\n- (a) for an investigation for the preparation of a report under this Act—relevant to the matter being investigated; or\n- (b) for another investigation—monitoring compliance with this Act.","sortOrder":194},{"sectionNumber":"sec.152","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.152 Power to require reasonable help\n\nThe authorised person may make a requirement (a help requirement ) of a school’s governing body, an occupier of the place or a person at the place, to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information relevant to the matter being investigated.\nWhen making the help requirement, the authorised person must warn the person to whom the requirement is made that, without a reasonable excuse, it is an offence for the person not to comply with the requirement.\n(sec.152-ssec.1) The authorised person may make a requirement (a help requirement ) of a school’s governing body, an occupier of the place or a person at the place, to give the authorised person reasonable help to exercise a general power, including, for example, to produce a document or to give information relevant to the matter being investigated.\n(sec.152-ssec.2) When making the help requirement, the authorised person must warn the person to whom the requirement is made that, without a reasonable excuse, it is an offence for the person not to comply with the requirement.","sortOrder":195},{"sectionNumber":"sec.153","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.153 Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.153-ssec.1) A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.153-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":196},{"sectionNumber":"ch.4-pt.2-div.5","sectionType":"division","heading":"Power to require information","content":"## Power to require information","sortOrder":197},{"sectionNumber":"sec.154","sectionType":"section","heading":"Power to require information","content":"### sec.154 Power to require information\n\nThis section applies if—\nan authorised person is performing a function under this Act; and\na person may be able to give information to help the authorised person perform the function.\nThe authorised person may, by notice given to the person, require the person to—\ngive the authorised person stated information reasonably required for performing the function at a stated reasonable time; or\ncreate, and give the authorised person, a document containing information reasonably required for performing the function at a stated reasonable time.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ngovernment entity means a government entity under the Public Sector Act 2022 , section 276 .\ninformation includes a document or a copy of a document.\nperson does not include a government entity, other than a board of trustees for a grammar school.\ns 154 amd 2022 No. 34 s 365 sch 3\n(sec.154-ssec.1) This section applies if— an authorised person is performing a function under this Act; and a person may be able to give information to help the authorised person perform the function.\n(sec.154-ssec.2) The authorised person may, by notice given to the person, require the person to— give the authorised person stated information reasonably required for performing the function at a stated reasonable time; or create, and give the authorised person, a document containing information reasonably required for performing the function at a stated reasonable time.\n(sec.154-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.154-ssec.4) In this section— government entity means a government entity under the Public Sector Act 2022 , section 276 . information includes a document or a copy of a document. person does not include a government entity, other than a board of trustees for a grammar school.\n- (a) an authorised person is performing a function under this Act; and\n- (b) a person may be able to give information to help the authorised person perform the function.\n- (a) give the authorised person stated information reasonably required for performing the function at a stated reasonable time; or\n- (b) create, and give the authorised person, a document containing information reasonably required for performing the function at a stated reasonable time.","sortOrder":198},{"sectionNumber":"sec.155","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.155 Offence to contravene information requirement\n\nA person of whom a requirement is made under section 154 (2) (a) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with the requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\n(sec.155-ssec.1) A person of whom a requirement is made under section 154 (2) (a) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.155-ssec.2) It is a reasonable excuse for an individual not to comply with the requirement if complying might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":199},{"sectionNumber":"sec.156","sectionType":"section","heading":"Custody of document given to authorised person","content":"### sec.156 Custody of document given to authorised person\n\nIf a document or other thing is given to an authorised person under this division, the authorised person may—\nkeep the document or thing for a reasonable period for performing the function for which the document or thing is given; and\nif it is a document, take extracts from it and make copies of it.\nWhile the authorised person has possession of the document or other thing, the authorised person must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the authorised person’s possession.\n(sec.156-ssec.1) If a document or other thing is given to an authorised person under this division, the authorised person may— keep the document or thing for a reasonable period for performing the function for which the document or thing is given; and if it is a document, take extracts from it and make copies of it.\n(sec.156-ssec.2) While the authorised person has possession of the document or other thing, the authorised person must allow it to be inspected at any reasonable time by a person who would have the right to inspect it if it were not in the authorised person’s possession.\n- (a) keep the document or thing for a reasonable period for performing the function for which the document or thing is given; and\n- (b) if it is a document, take extracts from it and make copies of it.","sortOrder":200},{"sectionNumber":"ch.4-pt.2-div.6","sectionType":"division","heading":"Seizure by authorised persons and forfeiture","content":"## Seizure by authorised persons and forfeiture","sortOrder":201},{"sectionNumber":"sec.157","sectionType":"section","heading":"Seizing evidence at a place that may be entered without consent or warrant","content":"### sec.157 Seizing evidence at a place that may be entered without consent or warrant\n\nAn authorised person who enters a place under this Act without the consent of an occupier of a place and without a warrant may seize a thing at the place if the authorised person reasonably believes the thing is—\nrelevant to—\na report being prepared by the authorised person under this Act; or\nan investigation being carried out by the authorised person; or\nevidence of an offence against this Act.\n- (a) relevant to— (i) a report being prepared by the authorised person under this Act; or (ii) an investigation being carried out by the authorised person; or\n- (i) a report being prepared by the authorised person under this Act; or\n- (ii) an investigation being carried out by the authorised person; or\n- (b) evidence of an offence against this Act.\n- (i) a report being prepared by the authorised person under this Act; or\n- (ii) an investigation being carried out by the authorised person; or","sortOrder":202},{"sectionNumber":"sec.158","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.158 Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe authorised person enters the place after obtaining the consent or under a warrant.\nIf the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if—\nthe authorised person reasonably believes the thing is evidence of an offence against this Act; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\nThe authorised person may also seize anything else at the place if—\nthe authorised person reasonably believes the thing is—\nrelevant to a report being prepared by the authorised person under this Act; or\nrelevant to an investigation being carried out by the authorised person; or\nevidence of an offence against this Act; and\nthe seizure is necessary to prevent the thing being—\nhidden, lost or destroyed; or\nused to continue, or repeat, an offence.\n(sec.158-ssec.1) This section applies if— an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the authorised person enters the place after obtaining the consent or under a warrant.\n(sec.158-ssec.2) If the authorised person enters the place with the occupier’s consent, the authorised person may seize a thing at the place only if— the authorised person reasonably believes the thing is evidence of an offence against this Act; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.158-ssec.3) If the authorised person enters the place under a warrant, the authorised person may seize the evidence for which the warrant was issued.\n(sec.158-ssec.4) The authorised person may also seize anything else at the place if— the authorised person reasonably believes the thing is— relevant to a report being prepared by the authorised person under this Act; or relevant to an investigation being carried out by the authorised person; or evidence of an offence against this Act; and the seizure is necessary to prevent the thing being— hidden, lost or destroyed; or used to continue, or repeat, an offence.\n- (a) an authorised person is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the authorised person enters the place after obtaining the consent or under a warrant.\n- (a) the authorised person reasonably believes the thing is evidence of an offence against this Act; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the authorised person reasonably believes the thing is— (i) relevant to a report being prepared by the authorised person under this Act; or (ii) relevant to an investigation being carried out by the authorised person; or (iii) evidence of an offence against this Act; and\n- (i) relevant to a report being prepared by the authorised person under this Act; or\n- (ii) relevant to an investigation being carried out by the authorised person; or\n- (iii) evidence of an offence against this Act; and\n- (b) the seizure is necessary to prevent the thing being— (i) hidden, lost or destroyed; or (ii) used to continue, or repeat, an offence.\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, an offence.\n- (i) relevant to a report being prepared by the authorised person under this Act; or\n- (ii) relevant to an investigation being carried out by the authorised person; or\n- (iii) evidence of an offence against this Act; and\n- (i) hidden, lost or destroyed; or\n- (ii) used to continue, or repeat, an offence.","sortOrder":203},{"sectionNumber":"sec.159","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.159 Power to secure seized thing\n\nHaving seized a thing under subdivision 1 , an authorised person may—\nleave the thing at the place where it was seized and take reasonable action to restrict access to it; or\nmove the thing from the place where it was seized.\nFor subsection (1) (a) , the authorised person may, for example, seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted.\n(sec.159-ssec.1) Having seized a thing under subdivision 1 , an authorised person may— leave the thing at the place where it was seized and take reasonable action to restrict access to it; or move the thing from the place where it was seized.\n(sec.159-ssec.2) For subsection (1) (a) , the authorised person may, for example, seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted.\n- (a) leave the thing at the place where it was seized and take reasonable action to restrict access to it; or\n- (b) move the thing from the place where it was seized.","sortOrder":204},{"sectionNumber":"sec.160","sectionType":"section","heading":"Offence to interfere","content":"### sec.160 Offence to interfere\n\nIf access to a seized thing is restricted under section 159 , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\nIf access to a place is restricted under section 159 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan authorised person’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\n(sec.160-ssec.1) If access to a seized thing is restricted under section 159 , a person must not tamper with the thing or with anything used to restrict access to the thing without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.160-ssec.2) If access to a place is restricted under section 159 , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an authorised person’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.\n- (a) an authorised person’s approval; or\n- (b) a reasonable excuse.","sortOrder":205},{"sectionNumber":"sec.161","sectionType":"section","heading":"Receipt for seized thing","content":"### sec.161 Receipt for seized thing\n\nThis section applies if an authorised person seizes anything under this division unless—\nthe authorised person reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\nThe authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized a receipt for the thing that generally describes the thing and its condition.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt may be given by leaving it in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt may relate to more than 1 seized thing.\n(sec.161-ssec.1) This section applies if an authorised person seizes anything under this division unless— the authorised person reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.\n(sec.161-ssec.2) The authorised person must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized a receipt for the thing that generally describes the thing and its condition.\n(sec.161-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt may be given by leaving it in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.161-ssec.4) The receipt may relate to more than 1 seized thing.\n- (a) the authorised person reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the authorised person to comply with this section.","sortOrder":206},{"sectionNumber":"sec.162","sectionType":"section","heading":"Access to seized things","content":"### sec.162 Access to seized things\n\nUntil a seized thing is forfeited or returned, an authorised person must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\n(sec.162-ssec.1) Until a seized thing is forfeited or returned, an authorised person must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.162-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.162-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":207},{"sectionNumber":"sec.163","sectionType":"section","heading":"Return of seized thing","content":"### sec.163 Return of seized thing\n\nThis section applies if a seized thing is not forfeited.\nThe authorised person must return it to its owner—\ngenerally—at the end of 6 months after the seizure; or\nif proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\nDespite subsection (1) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied its continued retention as evidence is no longer necessary.\n(sec.163-ssec.1) This section applies if a seized thing is not forfeited.\n(sec.163-ssec.2) The authorised person must return it to its owner— generally—at the end of 6 months after the seizure; or if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.\n(sec.163-ssec.3) Despite subsection (1) , if the thing was seized as evidence, the authorised person must return the thing seized to an owner as soon as practicable after the authorised person is satisfied its continued retention as evidence is no longer necessary.\n- (a) generally—at the end of 6 months after the seizure; or\n- (b) if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.","sortOrder":208},{"sectionNumber":"sec.164","sectionType":"section","heading":"Forfeiture of seized things","content":"### sec.164 Forfeiture of seized things\n\nThe board may decide a seized thing is forfeited to the board if the authorised person who seized the thing—\nafter making reasonable inquiries, can not find its owner; or\nafter making reasonable efforts, can not return it to its owner.\nHowever, the authorised person is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find the owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to its owner.\nRegard must be had to the thing’s nature, condition and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable.\n(sec.164-ssec.1) The board may decide a seized thing is forfeited to the board if the authorised person who seized the thing— after making reasonable inquiries, can not find its owner; or after making reasonable efforts, can not return it to its owner.\n(sec.164-ssec.2) However, the authorised person is not required to— make inquiries if it would be unreasonable to make inquiries to find the owner; or make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n(sec.164-ssec.3) Regard must be had to the thing’s nature, condition and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find its owner; or\n- (b) after making reasonable efforts, can not return it to its owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find the owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to its owner.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are to be made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":209},{"sectionNumber":"sec.165","sectionType":"section","heading":"Dealing with forfeited things","content":"### sec.165 Dealing with forfeited things\n\nOn the forfeiture of a thing to the board, the thing becomes the board’s property and may be dealt with by the board as the board considers appropriate.\nWithout limiting subsection (1) , the board may destroy or otherwise dispose of the thing.\n(sec.165-ssec.1) On the forfeiture of a thing to the board, the thing becomes the board’s property and may be dealt with by the board as the board considers appropriate.\n(sec.165-ssec.2) Without limiting subsection (1) , the board may destroy or otherwise dispose of the thing.","sortOrder":210},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Reviews and proceedings","content":"# Reviews and proceedings","sortOrder":211},{"sectionNumber":"sec.166","sectionType":"section","heading":"Who may apply for review","content":"### sec.166 Who may apply for review\n\nA governing body of a school that is given, or is entitled to be given, an information notice about a decision may apply to QCAT for a review of the decision.","sortOrder":212},{"sectionNumber":"sec.167","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.167 Summary proceedings for offences\n\nProceedings for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n(sec.167-ssec.1) Proceedings for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.167-ssec.2) The proceeding must start— within 1 year after the commission of the offence; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":213},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":214},{"sectionNumber":"sec.180","sectionType":"section","heading":"Repeal","content":"### sec.180 Repeal\n\nThe Education (Accreditation of Non-State Schools) Act 2001, Act No. 60 is repealed.","sortOrder":215},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":216},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Transitional provisions for Act No. 24 of 2017","content":"## Transitional provisions for Act No. 24 of 2017","sortOrder":217},{"sectionNumber":"sec.181","sectionType":"section","heading":"Definitions for division","content":"### sec.181 Definitions for division\n\nIn this division—\nfunding decision means a decision of the Minister under repealed section 88.\nnew board means the board as continued in existence under section 97(1).\nrepealed , in relation to a section, means the section of the repealed Act.\nrepealed Act means the Education (Accreditation of Non-State Schools) Act 2001 as in force before the commencement.\ns 181 amd 2025 No. 24 s 39N","sortOrder":218},{"sectionNumber":"sec.182","sectionType":"section","heading":"Continuation of things done by or in relation to previous board","content":"### sec.182 Continuation of things done by or in relation to previous board\n\nA thing done by or in relation to the previous board before the commencement is taken to be a thing done by or in relation to the new board.\nWithout limiting subsection (1)—\nan appointment of a member of the previous board is taken to be an appointment to the new board; and\nany part of a term served by a person as a member of the previous board before the commencement is included in the term for which the person is taken to have been appointed as a member of the new board.\nA person was appointed as a member of the previous board for a term of 3 years. At the commencement, the person had served 2 years as a member of the previous board. The person is taken to have been appointed to the new board for a term of 3 years, and is taken to have already served 2 years of that term.\na guideline made by the previous board is taken to have been made by the new board.\n(sec.182-ssec.1) A thing done by or in relation to the previous board before the commencement is taken to be a thing done by or in relation to the new board.\n(sec.182-ssec.2) Without limiting subsection (1)— an appointment of a member of the previous board is taken to be an appointment to the new board; and any part of a term served by a person as a member of the previous board before the commencement is included in the term for which the person is taken to have been appointed as a member of the new board. A person was appointed as a member of the previous board for a term of 3 years. At the commencement, the person had served 2 years as a member of the previous board. The person is taken to have been appointed to the new board for a term of 3 years, and is taken to have already served 2 years of that term. a guideline made by the previous board is taken to have been made by the new board.\n- (a) an appointment of a member of the previous board is taken to be an appointment to the new board; and\n- (b) any part of a term served by a person as a member of the previous board before the commencement is included in the term for which the person is taken to have been appointed as a member of the new board. Example for subparagraph (b)— A person was appointed as a member of the previous board for a term of 3 years. At the commencement, the person had served 2 years as a member of the previous board. The person is taken to have been appointed to the new board for a term of 3 years, and is taken to have already served 2 years of that term.\n- (c) a guideline made by the previous board is taken to have been made by the new board.","sortOrder":219},{"sectionNumber":"sec.183","sectionType":"section","heading":"Applications for accreditation made but not decided","content":"### sec.183 Applications for accreditation made but not decided\n\nThis section applies to an application for accreditation for a school—\nmade by the governing body of the school under the repealed Act; and\nabout which, at the commencement, the previous board had not made a decision under repealed section 18 or 19.\nThe application—\nis taken have been made under section 18(1); and\nmust be decided under this Act.\nIf an application does not include details of an attribute of accreditation of the school mentioned in section 19(4) (the additional information ), the governing body of the school must give the board the additional information.\nIf the governing body does not give the additional information to the board within 3 months after the commencement, the governing body is taken to have withdrawn the application.\n(sec.183-ssec.1) This section applies to an application for accreditation for a school— made by the governing body of the school under the repealed Act; and about which, at the commencement, the previous board had not made a decision under repealed section 18 or 19.\n(sec.183-ssec.2) The application— is taken have been made under section 18(1); and must be decided under this Act.\n(sec.183-ssec.3) If an application does not include details of an attribute of accreditation of the school mentioned in section 19(4) (the additional information ), the governing body of the school must give the board the additional information.\n(sec.183-ssec.4) If the governing body does not give the additional information to the board within 3 months after the commencement, the governing body is taken to have withdrawn the application.\n- (a) made by the governing body of the school under the repealed Act; and\n- (b) about which, at the commencement, the previous board had not made a decision under repealed section 18 or 19.\n- (a) is taken have been made under section 18(1); and\n- (b) must be decided under this Act.","sortOrder":220},{"sectionNumber":"sec.184","sectionType":"section","heading":"Applications for government funding made but not decided","content":"### sec.184 Applications for government funding made but not decided\n\nThis section applies to an application for government funding for a school made, or taken to have been made, by the governing body of the school under the repealed Act if, at the commencement, the Minister had not decided the application under repealed section 88.\nThe application—\nis taken be an application by the governing body to be eligible for government funding for the school under section 78(1); and\nmust be decided under this Act.\nThe board must publish a notice about the application in a newspaper circulating throughout the school’s catchment area stating—\nthe application is to be decided under chapter 3, part 2; and\nthat, under those provisions, the board is not required to consider any submissions made about the application under the repealed Act.\nIn this section—\ncatchment area means\nfor a school that is in operation—the geographical area in which at least 80% of the school’s students reside; or\nfor 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.\n(sec.184-ssec.1) This section applies to an application for government funding for a school made, or taken to have been made, by the governing body of the school under the repealed Act if, at the commencement, the Minister had not decided the application under repealed section 88.\n(sec.184-ssec.2) The application— is taken be an application by the governing body to be eligible for government funding for the school under section 78(1); and must be decided under this Act.\n(sec.184-ssec.3) The board must publish a notice about the application in a newspaper circulating throughout the school’s catchment area stating— the application is to be decided under chapter 3, part 2; and that, under those provisions, the board is not required to consider any submissions made about the application under the repealed Act.\n(sec.184-ssec.4) In this section— catchment area means for a school that is in operation—the geographical area in which at least 80% of the school’s students reside; or 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.\n- (a) is taken be an application by the governing body to be eligible for government funding for the school under section 78(1); and\n- (b) must be decided under this Act.\n- (a) the application is to be decided under chapter 3, part 2; and\n- (b) that, under those provisions, the board is not required to consider any submissions made about the application under the repealed Act.\n- (a) for a school that is in operation—the geographical area in which at least 80% of the school’s students reside; or\n- (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.","sortOrder":221},{"sectionNumber":"sec.185","sectionType":"section","heading":"Continuation of accreditations under repealed Act","content":"### sec.185 Continuation of accreditations under repealed Act\n\nThis section applies to a school that, immediately before the commencement, was an accredited school under the repealed Act.\nThe school is taken to be an accredited school under this Act.\nThe attributes of accreditation of the school are taken to be the same as the attributes of accreditation of the school under the school’s previous accreditation.\nHowever, if the school was accredited to provide a sector of schooling under the school’s previous accreditation—\nthe school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and\nthe student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous accreditation.\nThe board must, as soon as practicable—\ngive the school a notice stating the details for the school required to be included in the register under section 126(3); and\nupdate the register to include the details for the school mentioned in section 126(3).\nSection 30 does not apply to a school taken to be an accredited school under this section.\nIn this section—\nprevious accreditation , of a school, means the accreditation of the school under the repealed Act.\nsector of schooling means a sector of schooling a school was accredited to provide under the repealed Act.\n(sec.185-ssec.1) This section applies to a school that, immediately before the commencement, was an accredited school under the repealed Act.\n(sec.185-ssec.2) The school is taken to be an accredited school under this Act.\n(sec.185-ssec.3) The attributes of accreditation of the school are taken to be the same as the attributes of accreditation of the school under the school’s previous accreditation.\n(sec.185-ssec.4) However, if the school was accredited to provide a sector of schooling under the school’s previous accreditation— the school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and the student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous accreditation.\n(sec.185-ssec.5) The board must, as soon as practicable— give the school a notice stating the details for the school required to be included in the register under section 126(3); and update the register to include the details for the school mentioned in section 126(3).\n(sec.185-ssec.6) Section 30 does not apply to a school taken to be an accredited school under this section.\n(sec.185-ssec.7) In this section— previous accreditation , of a school, means the accreditation of the school under the repealed Act. sector of schooling means a sector of schooling a school was accredited to provide under the repealed Act.\n- (a) the school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and\n- (b) the student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous accreditation.\n- (a) give the school a notice stating the details for the school required to be included in the register under section 126(3); and\n- (b) update the register to include the details for the school mentioned in section 126(3).","sortOrder":222},{"sectionNumber":"sec.186","sectionType":"section","heading":"Governing bodies taken to be eligible for government funding","content":"### sec.186 Governing bodies taken to be eligible for government funding\n\nThis section applies to a governing body of a school that, immediately before the commencement, was eligible for government funding for the school under the repealed Act.\nThe governing body of the school is taken to be eligible for government funding for the school under this Act.\n(sec.186-ssec.1) This section applies to a governing body of a school that, immediately before the commencement, was eligible for government funding for the school under the repealed Act.\n(sec.186-ssec.2) The governing body of the school is taken to be eligible for government funding for the school under this Act.","sortOrder":223},{"sectionNumber":"sec.187","sectionType":"section","heading":"Effect of provisional accreditations under repealed Act","content":"### sec.187 Effect of provisional accreditations under repealed Act\n\nThis section applies to a school that, immediately before the commencement, was a provisionally accredited school under the repealed Act.\nThe school is taken to be an accredited school under this Act.\nThe attributes of accreditation for the school are taken to be the same as the attributes of accreditation for the school under the school’s previous provisional accreditation.\nHowever, if the school was provisionally accredited to provide a sector of schooling under the school’s previous provisional accreditation—\nthe school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and\nthe student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous provisional accreditation.\nThe board must, as soon as practicable—\ngive the school a notice stating the details for the school required to be included in the register under section 126(3); and\nupdate the register to include the details for the school mentioned in section 126(3).\nIn this section—\nprevious provisional accreditation , of a school, means the provisional accreditation of the school under the repealed Act.\nsector of schooling means any of the following groups of years of schooling—\npreparatory year to year 3;\nyears 4 to 6;\nyears 7 to 10;\nyears 11 and 12.\n(sec.187-ssec.1) This section applies to a school that, immediately before the commencement, was a provisionally accredited school under the repealed Act.\n(sec.187-ssec.2) The school is taken to be an accredited school under this Act.\n(sec.187-ssec.3) The attributes of accreditation for the school are taken to be the same as the attributes of accreditation for the school under the school’s previous provisional accreditation.\n(sec.187-ssec.4) However, if the school was provisionally accredited to provide a sector of schooling under the school’s previous provisional accreditation— the school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and the student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous provisional accreditation.\n(sec.187-ssec.5) The board must, as soon as practicable— give the school a notice stating the details for the school required to be included in the register under section 126(3); and update the register to include the details for the school mentioned in section 126(3).\n(sec.187-ssec.6) In this section— previous provisional accreditation , of a school, means the provisional accreditation of the school under the repealed Act. sector of schooling means any of the following groups of years of schooling— preparatory year to year 3; years 4 to 6; years 7 to 10; years 11 and 12.\n- (a) the school is taken to be accredited under this Act to provide each year of schooling within the sector of schooling; and\n- (b) the student-intake day for each year of schooling is taken to be the first day of education of students at the school for the year of schooling under the school’s previous provisional accreditation.\n- (a) give the school a notice stating the details for the school required to be included in the register under section 126(3); and\n- (b) update the register to include the details for the school mentioned in section 126(3).\n- (a) preparatory year to year 3;\n- (b) years 4 to 6;\n- (c) years 7 to 10;\n- (d) years 11 and 12.","sortOrder":224},{"sectionNumber":"sec.188","sectionType":"section","heading":"Assessment of provisionally accredited schools if initial assessment not started under repealed Act","content":"### sec.188 Assessment of provisionally accredited schools if initial assessment not started under repealed Act\n\nThis section applies to a school if—\nimmediately before the commencement, the school was a provisionally accredited school under the repealed Act; and\nat the commencement—\nthe earliest of the school’s student intake days has passed; and\nthe board has not started an initial assessment under repealed section 32.\nFor applying section 30, a reference in section 30(2) to the student-intake day for the type of education is taken to be a reference to the commencement.\nIn this section—\nstudent-intake day means a student-intake day for a type of education that applied for the school under the school’s provisional accreditation under the repealed Act.\n(sec.188-ssec.1) This section applies to a school if— immediately before the commencement, the school was a provisionally accredited school under the repealed Act; and at the commencement— the earliest of the school’s student intake days has passed; and the board has not started an initial assessment under repealed section 32.\n(sec.188-ssec.2) For applying section 30, a reference in section 30(2) to the student-intake day for the type of education is taken to be a reference to the commencement.\n(sec.188-ssec.3) In this section— student-intake day means a student-intake day for a type of education that applied for the school under the school’s provisional accreditation under the repealed Act.\n- (a) immediately before the commencement, the school was a provisionally accredited school under the repealed Act; and\n- (b) at the commencement— (i) the earliest of the school’s student intake days has passed; and (ii) the board has not started an initial assessment under repealed section 32.\n- (i) the earliest of the school’s student intake days has passed; and\n- (ii) the board has not started an initial assessment under repealed section 32.\n- (i) the earliest of the school’s student intake days has passed; and\n- (ii) the board has not started an initial assessment under repealed section 32.","sortOrder":225},{"sectionNumber":"sec.189","sectionType":"section","heading":"Assessment of provisionally accredited schools if further assessment not started under repealed Act","content":"### sec.189 Assessment of provisionally accredited schools if further assessment not started under repealed Act\n\nThis section applies to a school if—\nimmediately before the commencement—\nthe school was a provisionally accredited school under the repealed Act; and\nthe school was operating under a provisional accreditation extended under repealed section 34(2); and\nat the commencement, the board has not started a further assessment of the school under repealed section 34.\nFor applying section 30, a reference in section 30(2) to the student-intake day for the type of education is taken to be a reference to the commencement.\n(sec.189-ssec.1) This section applies to a school if— immediately before the commencement— the school was a provisionally accredited school under the repealed Act; and the school was operating under a provisional accreditation extended under repealed section 34(2); and at the commencement, the board has not started a further assessment of the school under repealed section 34.\n(sec.189-ssec.2) For applying section 30, a reference in section 30(2) to the student-intake day for the type of education is taken to be a reference to the commencement.\n- (a) immediately before the commencement— (i) the school was a provisionally accredited school under the repealed Act; and (ii) the school was operating under a provisional accreditation extended under repealed section 34(2); and\n- (i) the school was a provisionally accredited school under the repealed Act; and\n- (ii) the school was operating under a provisional accreditation extended under repealed section 34(2); and\n- (b) at the commencement, the board has not started a further assessment of the school under repealed section 34.\n- (i) the school was a provisionally accredited school under the repealed Act; and\n- (ii) the school was operating under a provisional accreditation extended under repealed section 34(2); and","sortOrder":226},{"sectionNumber":"sec.190","sectionType":"section","heading":"Assessment of provisionally accredited schools if initial or further assessment started under repealed Act","content":"### sec.190 Assessment of provisionally accredited schools if initial or further assessment started under repealed Act\n\nThis section applies to a school if—\nimmediately before the commencement, the school was a provisionally accredited school under the repealed Act; and\nat the commencement, the board—\nhas started an assessment under repealed section 32 or 34; and\nhas not decided the school’s application for accreditation under repealed section 27.\nThe assessment—\nis taken to have been started under section 30; and\nmust be continued under this Act.\n(sec.190-ssec.1) This section applies to a school if— immediately before the commencement, the school was a provisionally accredited school under the repealed Act; and at the commencement, the board— has started an assessment under repealed section 32 or 34; and has not decided the school’s application for accreditation under repealed section 27.\n(sec.190-ssec.2) The assessment— is taken to have been started under section 30; and must be continued under this Act.\n- (a) immediately before the commencement, the school was a provisionally accredited school under the repealed Act; and\n- (b) at the commencement, the board— (i) has started an assessment under repealed section 32 or 34; and (ii) has not decided the school’s application for accreditation under repealed section 27.\n- (i) has started an assessment under repealed section 32 or 34; and\n- (ii) has not decided the school’s application for accreditation under repealed section 27.\n- (i) has started an assessment under repealed section 32 or 34; and\n- (ii) has not decided the school’s application for accreditation under repealed section 27.\n- (a) is taken to have been started under section 30; and\n- (b) must be continued under this Act.","sortOrder":227},{"sectionNumber":"sec.191","sectionType":"section","heading":"Compliance notices not complied with at commencement","content":"### sec.191 Compliance notices not complied with at commencement\n\nThis section applies to a compliance notice given to the governing body of a school by the previous board under repealed section 61(2) if—\nthe compliance notice was given to the governing body before the commencement; and\nat the commencement, the governing body has not complied with the compliance notice.\nThe compliance notice is taken to have been given to the governing body by the board under section 62(3).\n(sec.191-ssec.1) This section applies to a compliance notice given to the governing body of a school by the previous board under repealed section 61(2) if— the compliance notice was given to the governing body before the commencement; and at the commencement, the governing body has not complied with the compliance notice.\n(sec.191-ssec.2) The compliance notice is taken to have been given to the governing body by the board under section 62(3).\n- (a) the compliance notice was given to the governing body before the commencement; and\n- (b) at the commencement, the governing body has not complied with the compliance notice.","sortOrder":228},{"sectionNumber":"sec.192","sectionType":"section","heading":"Show cause processes about accreditation not finally dealt with","content":"### sec.192 Show cause processes about accreditation not finally dealt with\n\nThis section applies if—\nthe previous board had given a show cause notice mentioned in repealed section 58A(2) or 64(2) to the governing body of a school; and\nimmediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).\nThe show cause notice is taken to have been given to the governing body by the board under section 67(2).\nThe show cause process must continue under this Act.\n(sec.192-ssec.1) This section applies if— the previous board had given a show cause notice mentioned in repealed section 58A(2) or 64(2) to the governing body of a school; and immediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).\n(sec.192-ssec.2) The show cause notice is taken to have been given to the governing body by the board under section 67(2).\n(sec.192-ssec.3) The show cause process must continue under this Act.\n- (a) the previous board had given a show cause notice mentioned in repealed section 58A(2) or 64(2) to the governing body of a school; and\n- (b) immediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).","sortOrder":229},{"sectionNumber":"sec.193","sectionType":"section","heading":"Show cause process about eligibility for government funding not finally dealt with","content":"### sec.193 Show cause process about eligibility for government funding not finally dealt with\n\nThis section applies if—\nthe previous board had given a show cause notice mentioned in repealed section 94(2) to the governing body of a school; and\nimmediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).\nThe show cause notice is taken to have been given to the governing body by the board under section 90(2).\nThe show cause process must continue under this Act.\n(sec.193-ssec.1) This section applies if— the previous board had given a show cause notice mentioned in repealed section 94(2) to the governing body of a school; and immediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).\n(sec.193-ssec.2) The show cause notice is taken to have been given to the governing body by the board under section 90(2).\n(sec.193-ssec.3) The show cause process must continue under this Act.\n- (a) the previous board had given a show cause notice mentioned in repealed section 94(2) to the governing body of a school; and\n- (b) immediately before the commencement, the board had not finally dealt with the matters relating to the show cause notice (the show cause process ).","sortOrder":230},{"sectionNumber":"sec.194","sectionType":"section","heading":"Reviews of funding decisions not finally dealt with","content":"### sec.194 Reviews of funding decisions not finally dealt with\n\nThis section applies if—\na person had applied for the review of a funding decision under repealed section 101 (the review ); and\nimmediately before the commencement, the Minister had not finally dealt with the review.\nThe Minister is taken to have decided to substitute the funding decision with a decision that the governing body is eligible for government funding.\n(sec.194-ssec.1) This section applies if— a person had applied for the review of a funding decision under repealed section 101 (the review ); and immediately before the commencement, the Minister had not finally dealt with the review.\n(sec.194-ssec.2) The Minister is taken to have decided to substitute the funding decision with a decision that the governing body is eligible for government funding.\n- (a) a person had applied for the review of a funding decision under repealed section 101 (the review ); and\n- (b) immediately before the commencement, the Minister had not finally dealt with the review.","sortOrder":231},{"sectionNumber":"sec.195","sectionType":"section","heading":"Reviews of other decisions not finally dealt with","content":"### sec.195 Reviews of other decisions not finally dealt with\n\nThis section applies if—\na person had applied for the review of a decision, other than a funding decision, under repealed section 101 (the review ); and\nimmediately before the commencement, the Minister had not finally dealt with the review.\nThe repealed Act, chapter 4, continues to apply for dealing with the review as if the chapter had not been repealed.\n(sec.195-ssec.1) This section applies if— a person had applied for the review of a decision, other than a funding decision, under repealed section 101 (the review ); and immediately before the commencement, the Minister had not finally dealt with the review.\n(sec.195-ssec.2) The repealed Act, chapter 4, continues to apply for dealing with the review as if the chapter had not been repealed.\n- (a) a person had applied for the review of a decision, other than a funding decision, under repealed section 101 (the review ); and\n- (b) immediately before the commencement, the Minister had not finally dealt with the review.","sortOrder":232},{"sectionNumber":"sec.196","sectionType":"section","heading":"Effect of information notices given under repealed Act","content":"### sec.196 Effect of information notices given under repealed Act\n\nThis section applies if, at the commencement—\na person has been given an information notice about a decision, other than a funding decision, under the repealed Act; and\nthe period within which the person may apply for a review of the decision under the notice has not ended; and\nthe person has not applied to have the decision reviewed.\nThe repealed Act, chapter 4, continues to apply as if the chapter had not been repealed.\n(sec.196-ssec.1) This section applies if, at the commencement— a person has been given an information notice about a decision, other than a funding decision, under the repealed Act; and the period within which the person may apply for a review of the decision under the notice has not ended; and the person has not applied to have the decision reviewed.\n(sec.196-ssec.2) The repealed Act, chapter 4, continues to apply as if the chapter had not been repealed.\n- (a) a person has been given an information notice about a decision, other than a funding decision, under the repealed Act; and\n- (b) the period within which the person may apply for a review of the decision under the notice has not ended; and\n- (c) the person has not applied to have the decision reviewed.","sortOrder":233},{"sectionNumber":"sec.197","sectionType":"section","heading":"Ineligible company","content":"### sec.197 Ineligible company\n\nThis section applies if—\na school’s governing body was, immediately before the commencement, eligible for government funding for the school; and\nthe governing body was, immediately before the commencement, an ineligible company.\nWhile the governing body is an ineligible company and, except for section 10(a), it continues to meet the government funding eligibility criteria, sections 10(a) and 89(1)(a) do not apply to the governing body in relation to the school.\n(sec.197-ssec.1) This section applies if— a school’s governing body was, immediately before the commencement, eligible for government funding for the school; and the governing body was, immediately before the commencement, an ineligible company.\n(sec.197-ssec.2) While the governing body is an ineligible company and, except for section 10(a), it continues to meet the government funding eligibility criteria, sections 10(a) and 89(1)(a) do not apply to the governing body in relation to the school.\n- (a) a school’s governing body was, immediately before the commencement, eligible for government funding for the school; and\n- (b) the governing body was, immediately before the commencement, an ineligible company.","sortOrder":234},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Transitional provisions for Education (General Provisions) Amendment Act 2025","content":"## Transitional provisions for Education (General Provisions) Amendment Act 2025","sortOrder":235},{"sectionNumber":"sec.198","sectionType":"section","heading":"Definitions for division","content":"### sec.198 Definitions for division\n\nIn this division—\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement.\nQCEC means the Queensland Catholic Education Commission within the meaning of this Act as in force from time to time before the commencement.\ns 198 prev s 198 exp 1 January 2019 (see prev s 198(5))\npres s 198 ins 2025 No. 24 s 39O","sortOrder":236},{"sectionNumber":"sec.199","sectionType":"section","heading":"Notices given to QCEC under former s 20 or 39","content":"### sec.199 Notices given to QCEC under former s 20 or 39\n\nThis section applies to a notice given to QCEC under former section 20(a) or 39(5) if, immediately before the commencement, the period for giving the notice had not ended.\nThe notice is taken to have been given to CEQL.\ns 199 ins 2025 No. 24 s 39O\n(sec.199-ssec.1) This section applies to a notice given to QCEC under former section 20(a) or 39(5) if, immediately before the commencement, the period for giving the notice had not ended.\n(sec.199-ssec.2) The notice is taken to have been given to CEQL.","sortOrder":237},{"sectionNumber":"sec.200","sectionType":"section","heading":"Membership of board—Minister’s consultation nominees and person nominated by QCEC","content":"### sec.200 Membership of board—Minister’s consultation nominees and person nominated by QCEC\n\nFrom the commencement—\na person who, immediately before the commencement, held office as a member under former section 102(1)(b) is taken to hold office as a member under new section 102(1)(b); and\na person who, immediately before the commencement, held office as a member under former section 102(1)(e) is taken to hold office as a member under new section 102(1)(e).\nSubsection (3) applies if—\neither—\nthe term of office of a member under new section 102(1)(b) is to end within 3 months after the commencement; or\nimmediately before the commencement, the office of a member under former section 102(1)(b) was vacant; and\nbefore the commencement, the Minister had consulted with QCEC in relation to the Minister’s nomination of a person for appointment to the office.\nFor the purpose of appointing a person to the office after the commencement, the Minister’s consultation with QCEC is taken to be consultation with CEQL.\nSubsection (5) applies if—\neither—\nthe term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\nimmediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\nbefore the commencement, QCEC had nominated a person for appointment to the office.\nFor the purpose of appointing a person to the office after the commencement, the nomination of the person by QCEC is taken to be the nomination of the person by CEQL.\ns 200 ins 2025 No. 24 s 39O\n(sec.200-ssec.1) From the commencement— a person who, immediately before the commencement, held office as a member under former section 102(1)(b) is taken to hold office as a member under new section 102(1)(b); and a person who, immediately before the commencement, held office as a member under former section 102(1)(e) is taken to hold office as a member under new section 102(1)(e).\n(sec.200-ssec.2) Subsection (3) applies if— either— the term of office of a member under new section 102(1)(b) is to end within 3 months after the commencement; or immediately before the commencement, the office of a member under former section 102(1)(b) was vacant; and before the commencement, the Minister had consulted with QCEC in relation to the Minister’s nomination of a person for appointment to the office.\n(sec.200-ssec.3) For the purpose of appointing a person to the office after the commencement, the Minister’s consultation with QCEC is taken to be consultation with CEQL.\n(sec.200-ssec.4) Subsection (5) applies if— either— the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and before the commencement, QCEC had nominated a person for appointment to the office.\n(sec.200-ssec.5) For the purpose of appointing a person to the office after the commencement, the nomination of the person by QCEC is taken to be the nomination of the person by CEQL.\n- (a) a person who, immediately before the commencement, held office as a member under former section 102(1)(b) is taken to hold office as a member under new section 102(1)(b); and\n- (b) a person who, immediately before the commencement, held office as a member under former section 102(1)(e) is taken to hold office as a member under new section 102(1)(e).\n- (a) either— (i) the term of office of a member under new section 102(1)(b) is to end within 3 months after the commencement; or (ii) immediately before the commencement, the office of a member under former section 102(1)(b) was vacant; and\n- (i) the term of office of a member under new section 102(1)(b) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(b) was vacant; and\n- (b) before the commencement, the Minister had consulted with QCEC in relation to the Minister’s nomination of a person for appointment to the office.\n- (i) the term of office of a member under new section 102(1)(b) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(b) was vacant; and\n- (a) either— (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\n- (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\n- (b) before the commencement, QCEC had nominated a person for appointment to the office.\n- (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and","sortOrder":238},{"sectionNumber":"sec.201","sectionType":"section","heading":"Effect of notice given to QCEC under former s 103","content":"### sec.201 Effect of notice given to QCEC under former s 103\n\nThis section applies if—\neither—\nthe term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\nimmediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\nbefore the commencement, the Minister gave QCEC a notice under former section 103(2) in relation to the nomination of a person for appointment to the office.\nThe Minister is taken to have given the notice to CEQL.\ns 201 ins 2025 No. 24 s 39O\n(sec.201-ssec.1) This section applies if— either— the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and before the commencement, the Minister gave QCEC a notice under former section 103(2) in relation to the nomination of a person for appointment to the office.\n(sec.201-ssec.2) The Minister is taken to have given the notice to CEQL.\n- (a) either— (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\n- (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and\n- (b) before the commencement, the Minister gave QCEC a notice under former section 103(2) in relation to the nomination of a person for appointment to the office.\n- (i) the term of office of a member under new section 102(1)(e) is to end within 3 months after the commencement; or\n- (ii) immediately before the commencement, the office of a member under former section 102(1)(e) was vacant; and","sortOrder":239}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act appears to deliver on its stated objects. It establishes the Non-State Schools Accreditation Board, creates an accreditation regime for non-government schools, and sets up a government funding eligibility process — exactly as the objects in section 3 describe. There is no apparent scope creep or significant departure from original intent. The detailed procedural machinery (amalgamations, divisions, special assistance schools, temporary sites) is ancillary to and consistent with those core purposes."},"complexity_factors":["Multiple interlocking regulatory regimes: accreditation, government funding eligibility, and special assistance are three distinct but interdependent systems","Extensive cross-referencing between sections and chapters, requiring readers to navigate across many provisions to understand any single process","Complex procedural timelines with multiple deadlines (28-day notification, 30-day information requests, 45-day application windows, 6-month decision periods, 60-day assessment windows)","Deemed/taken-to-have provisions (e.g., failure to decide = refusal; amalgamation notice = deemed surrender and deemed re-application) create legal fictions that are counterintuitive","Layered definitions with numerous exclusions (e.g., definition of 'non-State school' excludes multiple categories each defined by reference to other Acts)","Heavy reliance on subordinate legislation (regulations) for key operative content such as accreditation criteria, fees, and temporary site criteria — the Act alone is incomplete","Multiple corporate law concepts (corporations, directors, arm's length dealings, ineligible companies, RECI Act corporations) requiring familiarity with Corporations Act and other legislation","Interaction with at least 6 other Queensland Acts (Education (General Provisions) Act, TAFE Queensland Act, Education and Care Services National Law, Education and Care Services Act, Working with Children legislation, Corporations Act)","Separate processes for amalgamations, divisions, attribute changes, student-intake day changes, and temporary site use each with their own procedural requirements","Government funding eligibility criteria involve subjective concepts like 'direct or indirect connection' and financial independence that are open to interpretation"],"plain_english_summary":"This Queensland law creates a formal approval and oversight system for non‑government schools, requiring private, independent and religious schools to be accredited before operating and subject to ongoing monitoring and enforcement. It gives parents assurance about standards and safety.\n\nIt also sets separate eligibility rules for government funding — barring profit-taking, conflicted or “prohibited” financial arrangements, and requiring financial independence — with powers to inspect, sanction or cancel accreditation."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the 2001 Act this version preserves the original core purpose — accrediting non‑State schools — but expands and formalises the regulatory scope in several concrete ways: (1) tighter and more explicit government‑funding eligibility mechanics and prohibitions (see secs 10, 77–85, 89), including rules on prohibited arrangements and profit operation; (2) greatly expanded enforcement and investigatory powers for authorised persons (entry, search, seizure, warrants, forfeiture — secs 129–165) with detailed procedural safeguards; (3) stronger governance requirements for governing bodies and directors (must be corporations, working‑with‑children checks, criminal history considerations — secs 17, 26, 28); (4) added ministerial oversight levers (referrals, reassessments, and public‑interest directions to the board — secs 121–124); (5) specific provisions for special assistance schools, temporary sites, amalgamations/divisions and deemed funding transitions (parts 2, 4, 5 and ch 6 pt 2). These additions enlarge the administrative, investigatory and funding‑eligibility dimensions of the regulatory regime beyond a simple accreditation checklist, increasing enforcement capacity and ministerial oversight while preserving transitional continuity for existing accreditations (secs 181–201)."},"complexity_factors":["Multiple interlocking decision pathways with statutory time limits (application decisions: 6 months with extension options — secs 23–24, 42–43, 82–83).","Many defined and cross‑referenced terms and external Acts (references to Education (General Provisions) Act 2006, Corporations Act, Working with Children Check Act 2000, Criminal Law (Rehabilitation of Offenders) Act etc.).","Detailed governance, suitability and funding eligibility tests with multiple sub‑criteria (see secs 10, 26, 89).","Extensive authorised‑person procedural regimes (appointment, identity, notice of entry, consent/warrant pathways, search/copy/seize/forfeit and return) spanning secs 129–165 — many conditional steps and safeguards.","Nested compliance/remedy process: compliance notice → show cause → representations → possible amendment/cancellation/withdrawal with review rights (secs 62–71, 87–95, 166).","Significant transitional provisions carrying over prior accreditations, provisional assessments and funding decisions (secs 181–201), increasing interpretive complexity during transitions.","Board composition and appointment rules with nominated members from different entities and constraints (sec 102–105), plus ministerial directions and oversight (secs 121–124).","Multiple exceptions and special‑case rules (special assistance schools, temporary sites, establishment phase schools, amalgamations/divisions — parts 2 & 4 & 5).","Penalties and offences spread across the Act with different maxima and procedural limits (secs 74–76, 113, 153–155, 167).","Recent and multiple amendments noted in the text (2019, 2022, 2024, 2025), indicating evolving interactions and added provisions (seen in marginal notes and transitional clauses)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Establishes and continues the Non‑State Schools Accreditation Board (\"the board\") as the statutory decision‑maker for accrediting non‑State (i.e. non‑government) schools and for deciding whether their governing bodies are eligible for government funding (secs 3, 97, 100).\n\n- Creates an accreditation regime: regulations can set accreditation criteria (administration, governance, financial viability, educational program, student welfare, resources, improvement) and the board assesses applications, grants accreditations with specific attributes (types of education, student‑intake days, sites, boarding, modes of delivery) and keeps a public register (secs 11, 18–21, 126).\n\n- Puts time and form requirements on applications and board decisions (approved forms, fees, working‑with‑children evidence) and statutory time limits with limited extensions (secs 19, 22–25, 23–24, 42–43, 82–83).\n\n- Sets governance and eligibility rules: a governing body must be a corporation (sec 17), directors must hold working‑with‑children authority (sec 26), and the board may investigate suitability and obtain criminal history reports (secs 26–29). The board decides whether a governing body meets the government funding eligibility criteria (sec 10, ch 3).\n\n- Controls changes to accreditation attributes (student‑intake days, sites, governing body changes), including applications, notification to interested education peak bodies and the chief executive, and decision‑making procedures (secs 34–46, 20, 39–46).\n\n- Provides compliance and enforcement pathways: compliance notices (opportunity to rectify), show‑cause notices, and powers to amend or cancel accreditations or withdraw funding eligibility if statutory grounds are met (secs 62–71, 87–95, 65–66, 89).\n\n- Gives authorised persons extensive investigation powers (appointment, identity cards, entry with notice, entry with consent or warrant, search/copy/seize, help and information requirements) and procedural safeguards for warrants, seizure, return and forfeiture (secs 129–166, 137–165).\n\n- Establishes offences and penalties (operating without accreditation, false claims about accreditation, operating before student‑intake day, failure to disclose criminal history as a member) and time limits for prosecutions (secs 74–76, 113, 167).\n\n- Provides transitional rules to carry accreditations, provisional accreditations and existing funding decisions across from the repealed 2001 Act (chs 6 pt 2, secs 181–201).\n\nWho is affected\n\n- Governing bodies of non‑State schools (companies or other corporations) — they must apply for and keep accreditation, meet governance sanity checks, comply with inspections and may apply to be eligible for government funding (secs 17, 18, 78, 10).\n\n- Directors and senior managers — working‑with‑children authorities and criminal‑history disclosure requirements apply (secs 19, 26, 28, 112–113).\n\n- Schools (staff and students) — schools face inspections, possible seizures for investigations, and limits on starting a new year of schooling before specified student‑intake days (secs 30, 137–165, 15).\n\n- Peak non‑government education bodies (ISQ, CEQL) and the chief executive — they are notified of applications and certain changes and may be consulted about board membership (secs 20, 39, 102–103).\n\n- The Minister and the public — the Minister receives notices and can refer matters to the board, ask for reassessments, and give written directions to the board in the public interest (secs 121–124, 123).\n\nWhy it matters (practical effects, incentives and trade‑offs)\n\n- Who pays and who can lose money: schools pay application/change fees (sec 19), carry compliance costs (documentation, governance changes, site compliance), and risk losing government funding if eligibility is withdrawn (secs 19, 62, 89, 95). Penalties for operating without accreditation or making false claims can be payable by operators (secs 74–76).\n\n- Who decides: the board is the primary decision‑maker for accreditation and funding eligibility (secs 97, 100). The Minister retains supervisory levers (directions in the public interest, referrals, reassessment requests) but cannot direct the board about the accreditation decision for an individual school (secs 121–124, 123(4)).\n\n- Behavioural effects: governing bodies are driven to formalise as corporations, tighten director screening and conflicts‑of‑interest procedures, avoid non‑arm’s‑length or surplus‑extracting arrangements if they seek funding, and keep thorough records to meet inspection and information requests (secs 17, 7, 8, 10, 119, 154).\n\n- Costs and compliance burden: the Act imposes multiple documentary, notification and procedural obligations (approved forms, working‑with‑children cards, financial and governance evidence, compliance notices, inspection cooperation) with statutory timeframes and penalties for non‑compliance (secs 19, 62, 151–156, 153–155). These create ongoing administrative costs for governing bodies, especially smaller or start‑up schools.\n\n- Enforcement and implementation risk: the board has broad investigatory powers (search, seizure, warrants) and a duty to monitor (secs 129–165, 100). Effective, timely implementation depends on board resourcing and clear procedures; heavy inspection powers increase the risk of contestation and legal review if procedures are not strictly followed.\n\n- Concentrated benefits and diffuse costs: the main, concentrated beneficiaries are schools and governing bodies that secure and retain accreditation and government funding. Costs (administrative burden, potential sanctions, and tightened governance requirements) are spread across the sector and may be disproportionately felt by small or new providers.\n\nKey statutory references (representative): objects (sec 3); accreditation criteria (sec 11); application and form requirements (sec 19); board functions and powers (secs 100–101); accreditation decisions and assessments (secs 21, 30–33); compliance/show‑cause/amendment/cancellation (secs 62–71); government funding eligibility and withdrawal (secs 10, 77–85, 87–95); authorised persons and entry/search/seizure powers (secs 129–165); register (sec 126); offences (secs 74–76)."},"kimi_summary":{"_metrics":{"completionTokens":678},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose. The 2025 amendments (sections 198-201) reflect organisational changes (QCEC to CEQL nomenclature) rather than substantive expansion of scope. The core framework established in 2017 — accreditation, funding eligibility, and board governance — remains intact without significant mission creep."},"complexity_factors":["Extensive cross-referencing between chapters and sections (e.g., sections 26, 62, 67, 70-71 create interconnected compliance/show cause/cancellation pathways)","Multiple defined terms with nested definitions (e.g., 'non-State school' excludes 6 categories, each with their own legislative references)","Conditional logic with multiple triggers — government funding eligibility depends on 4 cumulative criteria in section 10, each with sub-elements","Transitional provisions spanning two separate amending Acts (2017 and 2025) with complex continuity rules for existing accreditations and board memberships","Layered decision-making procedures: initial assessment → compliance notice → show cause notice → amendment/cancellation, with time limits and extension mechanisms at each stage","Special assistance schools subject to additional temporary site criteria (Part 4) with separate assessment powers","Amalgamation and division provisions (Part 5) create deemed applications and automatic eligibility transfers requiring careful tracking of predecessor school statuses"],"plain_english_summary":"This Queensland legislation establishes a comprehensive system for accrediting non-State schools (private and independent schools) and determining their eligibility for government funding.\n\n**What it does:**\n- Creates the **Non-State Schools Accreditation Board** — a body that oversees accreditation and funding decisions\n- Sets up an **accreditation regime** requiring schools to meet criteria covering administration, financial viability, educational programs, student welfare, resources, and improvement processes\n- Establishes a **government funding eligibility scheme** with strict criteria to ensure public money supports legitimate educational purposes\n\n**Who it affects:**\n- **Non-State schools** — any school providing primary, secondary, or special education that isn't a government school (excluding TAFE, home education, childcare centres, and foreign curriculum schools)\n- **School governing bodies** — must be corporations, with directors holding working with children cards and meeting suitability tests (including criminal history checks)\n- **Parents and students** — benefits from maintained educational standards and public confidence in the non-State school sector\n\n**Key requirements for government funding:**\n- Governing body must **not** be an \"ineligible company\"\n- School must **not** be operated for profit (profits must advance the school's educational aims)\n- No **\"prohibited arrangements\"** — deals with related parties at above-market prices\n- No compromising **financial independence** through connections with other entities\n\n**Why it matters:**\nThe Act protects public funds by ensuring only genuine, well-run non-State schools receive accreditation and government support. It prevents misuse of taxpayer money through profit-taking or related-party transactions, while maintaining educational quality through ongoing monitoring and assessment.\n\nThe legislation includes detailed enforcement powers — authorised persons can enter premises, seize evidence, and require documents — with offences carrying penalties up to 100 penalty units for operating without accreditation or making false claims about accreditation status."}},"importantCases":[],"_links":{"self":"/api/acts/education-accreditation-of-non-state-schools-act-2017","history":"/api/acts/education-accreditation-of-non-state-schools-act-2017/history","analysis":"/api/acts/education-accreditation-of-non-state-schools-act-2017/analysis","conflicts":"/api/acts/education-accreditation-of-non-state-schools-act-2017/conflicts","importantCases":"/api/acts/education-accreditation-of-non-state-schools-act-2017/important-cases","documents":"/api/acts/education-accreditation-of-non-state-schools-act-2017/documents"}}