Part 5Registration of schools

Part 5—Registration of schools Division 1—Registers 41—Registers (1) The Board must keep the following registers: (a) a schools register, comprised of the following parts: (i) Government schools; (ii) non‑Government schools; (b) a register of schools that have been removed from the schools register and who have not been reinstated to that register. (2) The schools register must include the following information in relation to each school on the register: (a) the name of the school; (b) the address of each campus of the school; (c) the conditions (if any) of the registration; (d) any endorsement of the registration; (e) any other information required by the regulations. (3) The Registrars are responsible to the Board for the form and maintenance of the registers. (4) The Registrars must correct an entry in a register that is not, or has ceased to be, correct. (5) The registers must be kept available for inspection by any person during ordinary office hours at the principal office of the Board and the registers, or extracts of the registers, may be made available to the public by electronic means. (6) A person may, on payment of the prescribed fee, obtain a copy of any part of a register. Division 2—Registration on schools register 42—Schools to be registered (1) A school at which education services are provided, or students enrolled, must be registered under this Division. (2) If a school provides education services or enrols students in contravention of subsection (1)— (a) if the school is an incorporated or trustee services provider—the school; or 43—Registration on schools register (1) Subject to this Act, a school is eligible for registration on the schools register if the Board, on application made in accordance with this Act, is satisfied that— (a) the nature and content of the instruction offered, or to be offered, at the school is satisfactory; and (b) the school provides adequate protection for the safety, health and welfare of its students; and (c) the school satisfies any other requirements set out in the regulations for the purposes of this subsection. (2) The Governor may only make regulations for the purposes of subsection (1) on the recommendation of the Board. (3) Before making a recommendation for the purposes of subsection (2), the Board must consult with the bodies prescribed by the regulations for the purposes of this subsection (and may consult with any other person or body the Board thinks fit). (4) An application for registration must— (a) be made in a manner and form determined by the Board; and (b) be accompanied by the prescribed fee. (5) An applicant for registration must provide the Board with such further information as the Board may reasonably require to determine the application. (6) A school's registration remains in force until cancelled under this Act. 44—Board may impose conditions on registration (1) The Board may impose such conditions on the registration of a school as it thinks fit (including, to avoid doubt, a condition restricting the kind of education services that may be provided by the school). (2) The Board may, by notice in writing, on application by the school concerned or of its own motion, vary the conditions of registration of the school by the addition, substitution or deletion of 1 or more conditions. 45—Certificates of registration (1) If the Board registers a school on the schools register, the Board must issue to the school a certificate of registration in the prescribed form (and if a registered school has more than 1 campus, the Board must issue a sufficient number of duplicate certificates of registration to enable the school to comply with this section). (2) A registered school must at all times and in a conspicuous place at each of the school's campuses, display— (a) the certificate of registration, or a duplicate certificate of registration, for the school; and (b) a copy of any notice under section 44 varying the conditions of registration of the school. 46—Removal from schools register (1) The Board must remove a school from the schools register— (a) on the application of the school; or (b) if the school ceases to be eligible for registration on the schools register; or (c) if the school's registration is suspended or cancelled under this Act. (2) The Board may act under subsection (1)(c) without giving prior notice to the school. 47—Board may cancel registration if education services not provided The Board may cancel the registration of a registered school if the Board is satisfied that the school no longer provides education services pursuant to the registration. 48—Reinstatement on schools register (1) A school that has been removed from the schools register— (a) on application by the school; or (b) on account of the school ceasing to be eligible for registration on the schools register, may apply to the Board for reinstatement on the schools register. (2) Subject to subsection (3), a school whose registration has been suspended may apply to the Board for reinstatement on the schools register. (3) If in disciplinary proceedings the registration of a school is suspended for a specified period, the school may, with the consent of the Board, apply for reinstatement before the end of that period but such reinstatement does not have effect until after the expiration of the period. (4) A school that has been disqualified from being registered under this Act may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the schools register. (5) An application for reinstatement must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the reinstatement fee fixed under this Act. (6) An applicant for reinstatement must provide the Board with such further information as the Board may reasonably require to determine the application. (7) The Board may only reinstate on the schools register an applicant under this section if satisfied that the applicant is eligible for registration on that register. (8) Without limiting the circumstances in which the Board may refuse to reinstate an applicant on the schools register, the Board may refuse to reinstate an applicant on the schools register until all complaints (if any) laid against the applicant under this Act, or a law of another State or a Territory of the Commonwealth providing for the registration or some other form of accreditation of persons who provide education services, have been finally disposed of. 49—Endorsement of registration with approval to enrol full fee paying overseas students (1) If the Board is satisfied on application under this section that a registered school has satisfied the requirements set out in the regulations for the purposes of this subsection, the Board must endorse the school's registration with an approval to enrol full fee paying overseas students. (2) An application for endorsement— (a) must be made in a manner and form determined by the Board; and (b) may be dealt with at the same time as an application for registration under this Division; and (c) must be accompanied by the prescribed fee. (3) An applicant for endorsement must provide the Board with such further information as the Board may reasonably require to determine the application. (4) An endorsement— (a) may be subject to such conditions as the Board thinks fit; and (b) has effect for the period specified by the Board in the endorsement. (5) The Board may, by notice in writing, on application by the school concerned— (a) vary the conditions of an endorsement by the addition, substitution or deletion of 1 or more conditions; or (b) extend the period during which the endorsement has effect. 50—Removal of endorsement (1) The Board must remove an endorsement from a school's registration— (a) on the application of the school; or (b) if the endorsement is cancelled under this Act. (2) The Board may act under subsection (1)(b) without giving prior notice to the school. (3) The Board may remove the endorsement from a school's registration if the Board is satisfied that the school no longer satisfies the requirements set out in the regulations for the purposes of section 49(1).