Education Act 2016
170Determining application for registration of transitioning non-government school
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170 Determining application for registration of transitioning non-government school
(1) As soon as reasonably practicable after receiving the report of the Registrar under section 169 in relation to an application for the registration of a transitioning non-government school, the Registration Board is to –
(a) grant the application, with or without conditions; or
(b) refuse to grant the application.
(2) The Registration Board must not grant the application without conditions unless satisfied that the transitioning non-government school meets the standards for the renewal of registration of registered individual schools prescribed by the regulations.
(3) The Registration Board may grant the application subject to conditions if satisfied that –
(a) although the transitioning non-government school does not meet the standards for the renewal of registration of registered individual 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 Registration Board grants the application, it is to cause the transitioning non-government school to be registered as an individual non-government school.
(5) In determining an application for registration of a transitioning non-government school, the Registration Board must take into account the report of the Registrar provided under section 169 and the matters prescribed by the regulations.
(6) For the purposes of determining the application, the Registration Board may require the applicant or the Registrar to provide any further information the Registration Board considers necessary or relevant.
(7) The Registration Board 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.