167Determining application for registration of new individual non-government school

167 Determining application for registration of new individual non-government school

(1)  As soon as reasonably practicable after receiving under section 166 an application for the registration of a new individual non-government school, the report of the Registrar in relation to the application and the recommendation of the Registration Board, the Minister is to –

(a) grant the application, with or without conditions; or

(b) refuse to grant the application.

(2)  The Minister must not grant the application without conditions unless satisfied that the new individual non-government school meets the standards for registration of new individual non-government schools prescribed by the regulations.

(3)  The Minister may grant the application subject to conditions if satisfied that –

(a) although the new individual non-government school does not meet the standards for registration of new individual non-government schools prescribed by the regulations, the deficiency –

(i) does not pose a risk of harm to the health and safety of the students and staff at, or visitors to, the school; and

(ii) is capable of being rectified within the period determined by the Registration Board; and

(b) the imposition of the conditions is sufficient to rectify the failure to meet those standards.

(4)  If the Minister grants the application, he or she is to cause the new individual non-government school to be registered as an individual non-government school.

(5)  In determining an application for registration of a new individual non-government school, the Minister must take into account the report of the Registrar provided under section 166 , the recommendations of the Registration Board and the matters prescribed by the regulations.

(6)  For the purposes of determining the application, the Minister may require the applicant, the Registration Board or the Registrar to provide any further information the Minister considers necessary or relevant.

(7)  The Minister is to notify the applicant, in writing, of the determination under this section and, if the application is refused or granted subject to conditions, of the reasons for that determination.