{"id":"nsw:sl-2017-0438","name":"Education Regulation 2017","slug":"education-regulation-2017","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"438 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177421,"registerId":"nsw-nsw:sl-2017-0438-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Education Regulation 2017](/view/html/inforce/current/sl-2017-0438).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Education Regulation 2012](/view/html/repealed/current/sl-2012-0440), which would otherwise be repealed on 1 September 2017 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > Chairperson, for Schedule 1—see Schedule 1, clause 1.\n> > \n> > charity, for Part 3—see clause 8A.\n> > \n> > committee, for Schedule 1—see Schedule 1, clause 1.\n> > \n> > facilities, for Part 3—see clause 8A.\n> > \n> > member, for Schedule 1—see Schedule 1, clause 1.\n> > \n> > the Act means the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2025 (664), Sch 1\\[1\\] \\[2\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Compulsory school-age","content":"# Part 2 Compulsory school-age\n\nPart 2 Compulsory school-age","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Completion of Year 10","content":"#### 4 Completion of Year 10\n\n4 Completion of Year 10\n\n> > (1) For the purposes of section 21B of the Act, a child has completed Year 10 of secondary education in this State (as referred to in section 21B(5)(a)) if—\n> > \n> > > (a) the child has been awarded, or has received, a relevant certificate, or\n> > \n> > > (b) the child has satisfied the relevant participation requirements for Year 10 or Year 10 of home schooling.\n> \n> > (2) For the purposes of this clause, a relevant certificate means—\n> > \n> > > (a) a Record of School Achievement or Higher School Certificate granted under Part 8 of the Act, or\n> > \n> > > (b) a transcript of study issued under section 98 of the Act, or\n> > \n> > > (c) a certificate from the proprietor of a non-accredited school confirming that the child has satisfied the relevant participation requirements for Year 10, or\n> > \n> > > (d) in the case of a child who is registered for home schooling—a certificate from an authorised person (within the meaning of section 70 of the Act) confirming that the child has satisfied the relevant participation requirements for Year 10 of home schooling.\n> \n> > (3) For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 if—\n> > \n> > > (a) the child’s attendance at school until the final day of Year 10 is satisfactory in the opinion of the relevant authority, and\n> > \n> > > (b) the child has—\n> > > \n> > > > (i) in the case of a child attending a non-accredited school—received instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10 and has completed the courses of study for Year 10, and\n> > > \n> > > > (ii) in any other case—participated in courses of study which have been determined under the Act as appropriate to be undertaken by candidates for the Record of School Achievement, and\n> > \n> > > (c) the child has applied himself or herself with diligence and sustained effort in the opinion of the principal of the school.\n> \n> > (4) For the purposes of this clause, a child has satisfied the relevant participation requirements for Year 10 of home schooling if—\n> > \n> > > (a) the child is, or was, registered for home schooling subject to the condition that he or she receive instruction in courses of study that meet the curriculum requirements for secondary school children during Year 7 to Year 10, and\n> > \n> > > (b) the child has completed the courses of study for Year 10.\n> \n> > (5) In this clause—\n> > \n> > non-accredited school means a registered non-government school that is not accredited to present candidates for the Record of School Achievement.\n> > \n> > relevant authority means—\n> > \n> > > (a) in the case of a child attending a government school—the Secretary, and\n> > \n> > > (b) in the case of a child attending a non-government school that is a member of a system of non-government schools—the approved authority appointed under section 40 of the Act, and\n> > \n> > > (c) in the case of a child attending any other non-government school—the proprietor of the school.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Participation in paid work","content":"#### 5 Participation in paid work\n\n5 Participation in paid work\n\n> > (1) For the purposes of section 21B of the Act, a child is participating in paid work if—\n> > \n> > > (a) the child is undertaking work as an employee or a self-employed person, and\n> > \n> > > (b) the child is being paid for undertaking that work, and\n> > \n> > > (c) any requirements relating to the age or qualifications of an employee undertaking that work, as imposed by or under legislation, are complied with.\n> \n> > (2) A child who undertakes work of a domestic or home maintenance nature for a parent of the child is not participating in paid work for the purposes of section 21B of the Act in relation to that work regardless of whether the child is being paid to undertake the work.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Participation in approved education or training","content":"#### 6 Participation in approved education or training\n\n6 Participation in approved education or training\n\n> For the purposes of section 21B of the Act, participation in approved education or training includes participation in Years 11 and 12 of secondary education.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Participation on a full-time basis","content":"#### 7 Participation on a full-time basis\n\n7 Participation on a full-time basis\n\n> For the purposes of section 21B of the Act—\n> \n> > (a) a child is participating in paid work on a full-time basis if the child is participating in paid work for an average of 25 hours per week over a 4 week period, and\n> \n> > (b) a child is participating in approved education or training on a full-time basis if the provider of the approved education or training that the child is participating in certifies that the education or training is being provided to the child on a full-time basis, and\n> \n> > (c) a child is participating in a combination of approved education or training and paid work on a full-time basis if the child participates in any of the following for an average of 25 hours per week over a 4 week period—\n> > \n> > > (i) paid work, or\n> > \n> > > (ii) face-to-face instruction in connection with approved education or training.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Non-government schools","content":"# Part 3 Non-government schools\n\nPart 3 Non-government schools","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Definitions","content":"#### 8A Definitions\n\n8A Definitions\n\n> In this part—\n> \n> charity includes—\n> \n> > (a) a registered entity within the meaning of the [Australian Charities and Not-for-profits Commission Act 2012](http://www.legislation.gov.au/) of the Commonwealth, and\n> \n> > (b) an international charity.\n> \n> facilities means premises, buildings or other facilities.\n> \n> **cl 8A:** Ins 2025 (664), Sch 1\\[3\\].","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Registration of non-government schools as efficient for education of children of particular kind","content":"#### 8 Registration of non-government schools as efficient for education of children of particular kind\n\n8 Registration of non-government schools as efficient for education of children of particular kind\n\n> Children of the following kinds are prescribed for the purposes of sections 53(1)(c), 64(2)(b) and 65(2)(c) of the Act—\n> \n> > (a) children who need special instruction because of sensory, physical, intellectual or emotional disabilities,\n> \n> > (b) children who are, or who are the children of, foreign nationals.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Closure or cessation of operation of non-government schools","content":"#### 9 Closure or cessation of operation of non-government schools\n\n9 Closure or cessation of operation of non-government schools\n\n> > (1) For the purposes of section 63 of the Act, the proprietor or principal of a registered non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system) must give written notice of the following changes to the circumstances of the operation of the school—\n> > \n> > > (a) the closure of the school,\n> > \n> > > (b) the cessation of operation of the school for at least 1 year,\n> > \n> > > (c) the cessation of operation of the school for at least 2 years.\n> \n> > (2) The written notice must be given—\n> > \n> > > (a) to any person designated by the Authority as a designated person for the purposes of this clause in an official notice given to schools by the Authority, and\n> > \n> > > (b) as soon as reasonably practicable after the proprietor or principal of a school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system) becomes aware that the school is to undergo, or has undergone, the change, but not later than one month after the change has occurred.\n> \n> > (3) In the event of a closure of a school or the cessation of operation of the school for at least 2 years, the registration of the school ceases.\n> \n> > (4) In the event of the cessation of operation of the school for at least 1 year, the registration of the school continues to have effect for 1 year after the end of the first 12 months during which the school did not operate.\n> \n> > (5) If the registration of a school ceases under subclause (3) or is limited under subclause (4), the Minister is to give written notice of that cessation or limitation to the proprietor or principal of the school or, in the case of a school that is a member of a system of non-government schools, to the approved authority for the system.\n> \n> > (6) For the purposes of this clause, a school ceases operation if—\n> > \n> > > (a) there are no courses of study being taught at the school, or\n> > \n> > > (b) there are no students enrolled at the school.\n> \n> > (7) In subclause (6), courses of study means courses of study that comply with the curriculum requirements under Part 3 of the Act that apply to the students at the school.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"School does not operate for profit because of certain payments to students","content":"#### 10 School does not operate for profit because of certain payments to students\n\n10 School does not operate for profit because of certain payments to students\n\n> For the purposes of section 83C(3) of the Act, a non-government school is not taken to operate for profit because of a reasonable payment made to a student of the school in connection with a prize, scholarship or other activity as a student of the school.","sortOrder":13},{"sectionNumber":"10A","sectionType":"section","heading":"School does not operate for profit because of redress payments for child sexual abuse","content":"#### 10A School does not operate for profit because of redress payments for child sexual abuse\n\n10A School does not operate for profit because of redress payments for child sexual abuse\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit because of one or more of the following—\n> > \n> > > (a) a funding contribution made by or on behalf of the school to the National Redress Scheme for Institutional Child Sexual Abuse,\n> > \n> > > (b) a payment made by the school directly to a person whose application for redress has been approved under the National Redress Scheme for Institutional Child Sexual Abuse if the school is an institution responsible for the abuse of the person under the [National Redress Scheme for Institutional Child Sexual Abuse Act 2018](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (c) a payment made by the school under a local redress scheme for redress to a person for sexual abuse—\n> > > \n> > > > (i) committed against the person while the person was a minor, and\n> > > \n> > > > (ii) connected to the school.\n> \n> > (2) However, this clause does not apply if the funding contribution or payment includes financial assistance provided by the Minister to or for the benefit of the school.\n> \n> > (3) In this clause—\n> > \n> > funding contribution means a funding contribution for a participating non-government institution under the [National Redress Scheme for Institutional Child Sexual Abuse Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > local redress scheme means a scheme established by the school, or a system of non-government schools of which the school is a member, to provide redress to persons who, while minors, experienced sexual abuse connected to the school or another member of the system of schools.\n> > \n> > National Redress Scheme for Institutional Child Sexual Abuse means the National Redress Scheme for Institutional Child Sexual Abuse established by the [National Redress Scheme for Institutional Child Sexual Abuse Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **cl 10A:** Ins 2019 (497), cl 3. Subst 2025 (664), Sch 1\\[4\\].","sortOrder":14},{"sectionNumber":"10B","sectionType":"section","heading":"School providing certain education and care services does not operate for profit","content":"#### 10B School providing certain education and care services does not operate for profit\n\n10B School providing certain education and care services does not operate for profit\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit if the proprietor’s assets or income, as far as they relate to the school, are used by the proprietor to provide a recognised education and care program for—\n> > \n> > > (a) children who attend the school, and\n> > \n> > > (b) children who meet criteria specified in guidelines approved by the Minister under the Act, section 83L.\n> \n> > (2) Despite subclause (1), a non-government school operates for profit if—\n> > \n> > > (a) financial assistance provided by the Minister under the Act, Part 7, Division 3 is used for a recognised education and care program, or\n> > \n> > > (b) a payment is made by the school to a related entity or other person or body for property, goods or services—\n> > > \n> > > > (i) at more than reasonable market value, or\n> > > \n> > > > (ii) that are not required for the operation of the school or a recognised education and care program, or\n> > > \n> > > > (iii) in circumstances the Minister considers to be unreasonable, having regard to the fact that financial assistance is provided to or for the benefit of the school by the Minister, or\n> > \n> > > (c) income received by the proprietor arising from the operation of a recognised education and care program is used for a purpose other than—\n> > > \n> > > > (i) the operation of a recognised education and care program, or\n> > > \n> > > > (ii) the operation of the school.\n> \n> > (3) In this clause—\n> > \n> > long day care means a service providing care, including a preschool program, for children less than 6 years of age.\n> > \n> > out of school hours care means care, play and learning for school children delivered before and after school, during school holidays and on pupil free days.\n> > \n> > preschool program has the same meaning as in the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a).\n> > \n> > recognised education and care program includes the following—\n> > \n> > > (a) a preschool program,\n> > \n> > > (b) long day care,\n> > \n> > > (c) out of school hours care.\n> \n> **cl 10B:** Ins 2024 (45), Sch 1.","sortOrder":15},{"sectionNumber":"10C","sectionType":"section","heading":"School does not operate for profit because of joint use arrangements","content":"#### 10C School does not operate for profit because of joint use arrangements\n\n10C School does not operate for profit because of joint use arrangements\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit because of—\n> > \n> > > (a) a payment made by the school under a joint use arrangement, or\n> > \n> > > (b) the use of the following in accordance with a joint use arrangement—\n> > > \n> > > > (i) the assets of the school’s proprietor, as far as the assets relate to the school,\n> > > \n> > > > (ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.\n> \n> > (2) This clause does not apply if—\n> > \n> > > (a) the payment is made by the school to a related entity or other person or body for property, goods or services—\n> > > \n> > > > (i) at more than reasonable market value, or\n> > > \n> > > > (ii) not required for the operation of the school, or\n> > > \n> > > > (iii) in circumstances the Minister considers to be unreasonable, having regard to the fact that financial assistance is provided by the Minister to or for the benefit of the school, or\n> > \n> > > (b) the benefit to the school under the joint use arrangement is not reasonably proportionate to the costs incurred by the school or the proprietor of the school under the arrangement.\n> \n> > (3) Income received by the proprietor arising from the joint use arrangement must be used for the operation of the school.\n> \n> > (4) In this clause—\n> > \n> > joint use arrangement means an arrangement between a school or the proprietor of a school and another person under which the other person contributes to the acquisition, development, upgrading or maintenance of the school’s facilities with the intention that—\n> > \n> > > (a) the facilities are or will be—\n> > > \n> > > > (i) owned by the school or the proprietor of the school, or\n> > > \n> > > > (ii) jointly owned by the school or the proprietor of the school and the other person, and\n> > \n> > > (b) the other person will be entitled to use the facilities in a way that does not adversely affect the school.\n> \n> **cl 10C:** Ins 2025 (664), Sch 1\\[5\\].","sortOrder":16},{"sectionNumber":"10D","sectionType":"section","heading":"School does not operate for profit because of payments for future use of facilities","content":"#### 10D School does not operate for profit because of payments for future use of facilities\n\n10D School does not operate for profit because of payments for future use of facilities\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit because of—\n> > \n> > > (a) a payment made by the school under a future use arrangement, or\n> > \n> > > (b) the use of the following in accordance with a future use arrangement—\n> > > \n> > > > (i) the assets of the school’s proprietor, as far as the assets relate to the school,\n> > > \n> > > > (ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.\n> \n> > (2) This clause does not apply if—\n> > \n> > > (a) the payment is made by the school to a related entity or other person or body for property, goods or services—\n> > > \n> > > > (i) at more than reasonable market value, or\n> > > \n> > > > (ii) not required for the operation of the school, or\n> > > \n> > > > (iii) in circumstances the Minister considers to be unreasonable, having regard to the fact that financial assistance is provided by the Minister to or for the benefit of the school, or\n> > \n> > > (b) the benefit to the school under the future use arrangement is not reasonably proportionate to the costs incurred by the school or the proprietor of the school under the arrangement.\n> \n> > (3) In this clause—\n> > \n> > future use arrangement means an arrangement between a school or the proprietor of a school and another person—\n> > \n> > > (a) under which facilities are developed, acquired, upgraded or maintained, and\n> > \n> > > (b) with the intention that—\n> > > \n> > > > (i) the facilities are or will be owned by the other person, and\n> > > \n> > > > (ii) the school will be entitled to use the facilities.\n> \n> **cl 10D:** Ins 2025 (664), Sch 1\\[5\\].","sortOrder":17},{"sectionNumber":"10E","sectionType":"section","heading":"School does not operate for profit because of community use of school premises","content":"#### 10E School does not operate for profit because of community use of school premises\n\n10E School does not operate for profit because of community use of school premises\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit because the facilities of the school are made available at no cost or below reasonable market value—\n> > \n> > > (a) to a school, local council, government agency, not-for-profit organisation or community group, or\n> > \n> > > (b) to members of the public for recreational purposes or other purposes that benefit the local community.\n> \n> > (2) This clause does not apply if the use of the facilities limits or restricts the operation of the school.\n> \n> > (3) To avoid doubt, facilities that have been developed, acquired, upgraded or maintained under a joint use arrangement, within the meaning of clause 10C, may be made available for community use.\n> \n> > (4) In this clause—\n> > \n> > community group does not include a group that operates for profit.\n> > \n> > government agency means the following—\n> > \n> > > (a) the Crown,\n> > \n> > > (b) a NSW Government agency,\n> > \n> > > (c) a Public Service agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040),\n> > \n> > > (d) a State owned corporation within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134),\n> > \n> > > (e) another public authority constituted by or under an Act.\n> \n> **cl 10E:** Ins 2025 (664), Sch 1\\[5\\].","sortOrder":18},{"sectionNumber":"10F","sectionType":"section","heading":"School does not operate for profit because of donations of depreciated or redundant equipment","content":"#### 10F School does not operate for profit because of donations of depreciated or redundant equipment\n\n10F School does not operate for profit because of donations of depreciated or redundant equipment\n\n> > (1) For the Act, section 83C(3), a non-government school does not operate for profit because—\n> > \n> > > (a) depreciated or redundant equipment of the school is donated to another school, a charity or a local council, or\n> > \n> > > (b) the school has made a payment to cover the reasonable costs, including reasonable transportation costs associated with the donated equipment.\n> \n> > (2) In this clause—\n> > \n> > depreciated or redundant equipment means equipment that is—\n> > \n> > > (a) completely or substantially depreciated, or\n> > \n> > > (b) no longer required for school purposes.\n> > \n> > donation includes sale at below reasonable market value.\n> \n> **cl 10F:** Ins 2025 (664), Sch 1\\[5\\].","sortOrder":19},{"sectionNumber":"10G","sectionType":"section","heading":"School does not operate for profit because of charitable fundraising","content":"#### 10G School does not operate for profit because of charitable fundraising\n\n10G School does not operate for profit because of charitable fundraising\n\n> For the Act, section 83C(3), a non-government school does not operate for profit because—\n> \n> > (a) the assets of the school’s proprietor, as far as the assets relate to the school, are used for the purpose of raising funds for a charity, if the use does not—\n> > \n> > > (i) prevent the asset from being used for the operation of the school, or\n> > \n> > > (ii) otherwise adversely affect the operation of the school, or\n> \n> > (b) a payment is made to a charity of funds raised for the charity if the payment—\n> > \n> > > (i) is of funds raised by the school community, and\n> > \n> > > (ii) does not include—\n> > > \n> > > > (A) the income of the school, or\n> > > \n> > > > (B) the income of the school’s proprietor, as far as the income relates to the school.\n> \n> **cl 10G:** Ins 2025 (664), Sch 1\\[5\\].","sortOrder":20},{"sectionNumber":"11","sectionType":"section","heading":"Non-Government Schools Not-for-profit Advisory Committee","content":"#### 11 Non-Government Schools Not-for-profit Advisory Committee\n\n11 Non-Government Schools Not-for-profit Advisory Committee\n\n> For the purposes of section 83K(3) of the Act, Schedule 1 contains provisions relating to the constitution and procedure of the Non-Government Schools Not-for-profit Advisory Committee.","sortOrder":21},{"sectionNumber":"11A","sectionType":"section","heading":"Directions to schools and proprietors","content":"#### 11A Directions to schools and proprietors\n\n11A Directions to schools and proprietors\n\n> For the Act, section 83I(1)(d), the Minister may direct a school, or the proprietor of a school, to take specified action to remedy a breach of the obligation not to operate for profit.\n> \n> **cl 11A:** Ins 2025 (664), Sch 1\\[6\\].","sortOrder":22},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":23},{"sectionNumber":"12","sectionType":"section","heading":"Constitution of parents and citizens associations and kindred associations for government schools","content":"#### 12 Constitution of parents and citizens associations and kindred associations for government schools\n\n12 Constitution of parents and citizens associations and kindred associations for government schools\n\n> > (1) The Minister may constitute a parents and citizens association or a kindred association for a government school on receiving minutes of a meeting at which 7 or more persons (each being a parent of a child attending the school or a resident of the district served by the school)—\n> > \n> > > (a) have resolved that such an association be formed, and\n> > \n> > > (b) have appointed a president, at least 2 vice-presidents, a treasurer and a secretary from among themselves.\n> \n> > (2) The appointed persons hold office until their successors are appointed in accordance with the rules made or adopted by the association for the conduct of the association’s affairs.","sortOrder":24},{"sectionNumber":"13","sectionType":"section","heading":"Constitution of district councils","content":"#### 13 Constitution of district councils\n\n13 Constitution of district councils\n\n> > (1) A district council for an area is to consist of delegates appointed by each parents and citizens association or kindred association constituted for any government school situated in the area.\n> \n> > (2) Each parents and citizens association or kindred association may appoint up to 2 delegates.\n> \n> > (3) The delegates of a parents and citizens association or kindred association are to be appointed in accordance with the rules made or adopted by the association for the conduct of the association’s affairs.","sortOrder":25},{"sectionNumber":"14","sectionType":"section","heading":"Repeal and savings","content":"#### 14 Repeal and savings\n\n14 Repeal and savings\n\n> > (1) The [Education Regulation 2012](/view/html/repealed/current/sl-2012-0440) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Education Regulation 2012](/view/html/repealed/current/sl-2012-0440), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":26},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Constitution and procedure of advisory committee","content":"# Schedule 1 Constitution and procedure of advisory committee\n\nSchedule 1 Constitution and procedure of advisory committee\n\n(Clause 11)","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Transaction of business outside meetings or by telephone etc","content":"#### 15 Transaction of business outside meetings or by telephone etc\n\n15 Transaction of business outside meetings or by telephone etc\n\n> > (1) The committee may, if it thinks fit, transact any of its business by the circulation of papers among all the members of the committee for the time being, and a resolution in writing approved in writing by a majority of those members is taken to be a decision of the committee made at a meeting of the committee.\n> \n> > (2) The committee may, if it thinks fit, transact any of its business at a meeting at which members (or some members) participate by telephone or other electronic means, but only if any member who speaks on a matter before the meeting can be heard by the other members.\n> \n> > (3) For the purposes of—\n> > \n> > > (a) the approval of a resolution under subclause (1), or\n> > \n> > > (b) a meeting held in accordance with subclause (2),\n> > \n> > the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the committee.\n> \n> > (4) A resolution approved under subclause (1) is, subject to this Regulation, to be recorded in the minutes of the meetings of the committee.\n> \n> > (5) Papers may be circulated among the members for the purposes of subclause (1) by electronic means.","sortOrder":45}],"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The metadata shows the regulation has been amended three times since 2017, which may indicate scope adjustments, but this cannot be confirmed from the supplied text alone."},"complexity_factors":["Only metadata and status information were provided — no substantive legal content is present in the supplied text, making meaningful complexity assessment of the regulation's rules impossible","The automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of procedural complexity for those tracking the regulation's lifespan","Multiple point-in-time versions exist (2017, 2019, 2024, 2025), suggesting the regulation has been amended over time — interpreting which version applies to a past event could add complexity"],"plain_english_summary":"This NSW regulation implements detailed rules under the Education Act 1990, governing schools and related administrative matters. It has been in force since 25 August 2017, most recently updated 12 December 2025, and currently applies across NSW.\n\nIt is scheduled for automatic repeal on 1 September 2026, so students, parents, teachers, school leaders, non‑government schools and the Department should watch for replacement rules or announcements."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Regulation expands and clarifies the non‑government school ‘not for profit’ test and related compliance rules compared with earlier versions by adding multiple new specific exemptions and procedures. New clauses inserted in 2019, 2024 and 2025 introduce redress‑related exceptions (cl 10A), rules for education and care services (cl 10B), joint use and future use arrangements (cls 10C–10D), community use and donations (cls 10E–10F), and charitable fundraising (cl 10G). It also updates definitions (cl 8A) and creates procedural detail for the advisory committee (Sch 1)."},"complexity_factors":["Extensive cross‑references to the Education Act 1990 and other statutes (affects interpretation and creates interdependencies) (cl 3; cls 4–7; cl 10A references Commonwealth National Redress Scheme).","Multiple narrowly worded carve‑outs and exceptions that define when a non‑government school is not treated as operating ‘for profit’ (clauses 10, 10A–10G).","Discretionary ministerial powers to direct action and to remove committee members (cl 11A; Sch 1 cl 6, cl 8).","Operational compliance duties on schools and proprietors (eg. mandatory written notice of closure or cessation, timing requirements) creating administrative burden (cl 9).","Definitions that change scope and application (eg. charity, facilities, non‑accredited school) and new inserted definitions (cl 8A).","Prescriptive governance and transparency requirements for an advisory committee (Schedule 1—terms, disclosure of pecuniary interests, minutes and inspection, quorum and voting rules) that impose record‑keeping and procedural steps (Sch 1 cl 2–5, cl 9, cl 11–15).","Interplay with Commonwealth schemes and funding (eg. National Redress Scheme and exclusions where Ministerial financial assistance is involved) creates conditional outcomes for eligibility and treatment (cl 10A(2)).","Temporal and conditional rules about registration status following closure or cessation (automatic cessation in some cases; temporary continuance in others) that affect registration risk and decision timing (cl 9(3)–(4))."],"plain_english_summary":"This Regulation updates how the Education Act is applied in NSW. It defines when a child has completed Year 10, what counts as full‑time participation in work or education, requires non‑government schools to notify closures, and sets detailed rules on when a non‑government school is treated as \"not for profit\" (including specific exemptions). It matters to parents, schools and school proprietors because it creates notification, record‑keeping and compliance obligations and gives the Minister powers to direct remedial action."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Regulation has grown significantly beyond its original 2017 scope. The original instrument focused primarily on compulsory schooling age requirements and basic non-government school registration. However, substantial amendments in 2019, 2024, and particularly 2025 (amendment 664) have added an extensive 'not-for-profit' compliance framework. What began as a procedural regulation now contains detailed commercial arrangements (joint use, future use, community use, charitable fundraising) and effectively operates as a quasi-tax or funding compliance code for private schools. The 2025 amendments alone added six new clauses (10C-10G) plus amendments to existing clauses, transforming the Regulation from a simple education administration tool into a complex governance instrument regulating school business activities."},"complexity_factors":["Multiple nested definitions with cross-references (e.g., 'charity' and 'facilities' defined in clause 8A but only for Part 3; Schedule 1 definitions only apply to that Schedule)","Extensive conditional logic in clauses 10A-10G with multiple sub-clauses, exceptions, and 'despite' provisions","Heavy cross-referencing to the parent Education Act 1990 and other Commonwealth legislation (National Redress Scheme, ACNC Act, Children (Education and Care Services) National Law)","Multiple 'carve-out' exceptions where the general rule doesn't apply if financial assistance is involved (clauses 10A(2), 10B(2)(a))","Complex multi-factor tests for determining compliance (e.g., clause 10B(2)(b) has three separate disqualifying conditions for payments to related entities)","Defined terms scattered across different parts (clause 3 for general terms, clause 8A for Part 3, Schedule 1 clause 1 for committee terms)","Savings and transitional provisions in clause 14 preserving actions under the repealed 2012 Regulation"],"plain_english_summary":"This Regulation sets out detailed rules for how the NSW Education Act 1990 works in practice. It covers three main areas:\n\n**1. When kids can leave school (Part 2)**\n- Defines what \"completing Year 10\" actually means (getting certain certificates, finishing required courses, or satisfactory attendance)\n- Explains what counts as \"paid work\" for teenagers who want to leave school early (must be real employment, not just helping mum and dad around the house)\n- Sets the threshold at 25 hours per week over 4 weeks for full-time work\n- Clarifies that Years 11 and 12 count as \"approved education or training\"\n\n**2. Rules for private and independent schools (Part 3)**\n- Sets out what types of students allow schools to register as \"specialist\" schools (kids with disabilities or children of foreign nationals)\n- Requires schools to notify authorities if they close or stop operating for extended periods\n- **Crucially**, contains extensive rules about when non-government schools are **not** considered to be \"operating for profit\" — this matters because operating for profit can affect government funding eligibility. These exceptions cover:\n  - Redress payments for historical child sexual abuse\n  - Running childcare and preschool programs\n  - Joint use arrangements for school facilities\n  - Future use arrangements (where someone else owns facilities the school uses)\n  - Letting community groups use school premises cheaply or for free\n  - Donating old equipment to charities or other schools\n  - Fundraising for charities\n- Establishes an advisory committee to oversee these not-for-profit rules\n\n**3. Parents and Citizens associations (Part 4)**\n- Sets up the process for forming P&C associations at government schools (need 7+ parents/residents)\n- Establishes district councils made up of delegates from local P&Cs\n\n**Schedule 1** contains the fine print about how the Non-Government Schools Not-for-profit Advisory Committee operates — who can be on it, how long they serve, how they declare conflicts of interest, and how meetings run."}},"importantCases":[],"_links":{"self":"/api/acts/education-regulation-2017","history":"/api/acts/education-regulation-2017/history","analysis":"/api/acts/education-regulation-2017/analysis","conflicts":"/api/acts/education-regulation-2017/conflicts","importantCases":"/api/acts/education-regulation-2017/important-cases","documents":"/api/acts/education-regulation-2017/documents"}}