Schedule 4A—Minimum standards for registration of school boarding premises
Regulations 5, 71A, 71B, 71D and 71J
1 Compliance with Worker Screening Act 2020
The provider of school boarding services at a registered school boarding premises must ensure that the requirements of the Worker Screening Act 2020 are complied with in respect of all staff at the registered school boarding premises.
2 Acceptance policy
(1) The provider of school boarding services at a registered school boarding premises must have a clearly defined acceptance policy that complies with all applicable State and Commonwealth laws.
(2) The provider of school boarding services at a registered school boarding premises established by a particular religious denomination or by a group of religious denominations may have an acceptance policy that gives preference to adherents of that religious denomination or denominations or their children.
3 Register of students
The provider of school boarding services at a registered school boarding premises must maintain a register of students that contains the following information in relation to each student boarding at the premises—
(a) the student's name, age, date of birth and residential address;
(b) the name and contact details of any parent or guardian of the student;
(c) any information relating to the health or wellbeing of the student that the provider should be aware of, including any health issues;
Examples of health issues include diabetes, asthma and mental health conditions.
(d) the date of acceptance of the student to board at the premises;
(e) the date that the student ceases to be accepted to board at the premises (if applicable);
(f) the registered school at which the student is enrolled or attending.
4 Record of location of students
For the purposes of section 4.3.8X of the Act, the provider of school boarding services at a registered school boarding premises must—
(a) maintain the record required to be kept under that section at specified times throughout the day and night; and
(b) include in the record any reason given or apparent for the absence of any student from the school boarding premises.
5 Care, safety and welfare of students
The provider of school boarding services at a registered school boarding premises must ensure that—
(a) the care, safety and welfare of all students boarding at the premises is in accordance with any applicable State and Commonwealth laws; and
Schedule Sch 4A - Education and Training Reform Regulations 2017 - Minimum standards for registration of school boarding premises | Zoe
(b) all staff employed by the provider are advised of their obligations under those laws.
6 Buildings, facilities and grounds
A registered school boarding premises' buildings, facilities and grounds must comply with any laws that apply to the registered school boarding premises including local laws and building, planning and occupational health and safety laws.
7 Governance
(1) The provider of school boarding services at a registered school boarding premises must structure the governance of a registered school boarding premises to enable—
(a) the effective development of the strategic direction of the school boarding premises; and
(b) the effective management of the finances of the provider; and
(c) the provider to fulfil its legal obligations.
(2) In a non-Government school boarding premises, every responsible person must be a fit and proper person.
(3) The provider of school boarding services at a registered school boarding premises must notify the Authority in writing within 30 days after the following—
(a) any change to the name or contact details of the provider;
(b) any other material change to particulars or information required to be provided to the Authority under these Regulations (other than the particulars or information required by subclause (4)).
(4) The provider of school boarding services at a registered non-government school boarding premises must notify the Authority in writing within 30 days after the following information—
(a) any change to the name or contact details of each person who is concerned in, or takes part in, the management of the provider;
(b) any change to the religious or other affiliation or association of the school boarding premises, including with a registered school;
(c) the occurrence of a notifiable disclosure event.
A notifiable disclosure event is defined in regulation 5.
(5) In this clause—
fit and proper person means a responsible person who—
(a) is able to carry out the person's responsibilities in relation to the conduct of a registered school boarding premises in compliance with the laws of Victoria, the Commonwealth, another State or a Territory relating to the provision of school boarding services; and
(b) has not been found guilty of an offence which is, or which would if committed in Victoria be, an indictable offence; and
(c) has not been—
(i) in the case of an individual, insolvent under administration; or
(ii) in the case of a body corporate, an externally-administered body corporate; and
(d) is not a represented person; and
(e) if the person is given an assessment notice under the Worker Screening Act 2020 in relation to the school boarding premises, complies with—
(i) all requirements under that Act that apply to the person as a holder of an assessment notice; and
(ii) all requirements under that Act that apply to the person if the assessment notice is revoked or suspended; and
(f) has not been the subject of, or associated with, an adverse finding or the subject of action taken by a court, tribunal, commission of inquiry, professional disciplinary body or regulatory authority (in Victoria or elsewhere) if the adverse finding or the action relates to—
(ii) non-compliance with a legal obligation relating to the provision of school boarding services; or
(iii) a breach of duty (including a duty of disclosure).
1 The Authority may exempt a person under regulation 71B from the requirements in clause 7(5)(b) and (f).
2 For the purposes of clause 7(5)(f) an adverse finding or action may include a decision by a registering body to limit, suspend or cancel a registration or permit granted to a responsible person individually, or to a body or entity that the responsible person has been associated with governing.
8 Philosophy of provider of school boarding services
The provider of school boarding services at a registered school boarding premises must publish a clear statement of its philosophy, and be able to demonstrate how that philosophy is enacted.
9 Information on performance of school boarding premises to be available
(1) The provider of school boarding services at a registered school boarding premises must make available to the community of the school boarding premises information concerning the performance of the premises at least once a year.
(2) The information must include—
(a) a report of the financial activities of the school boarding premises; and
(b) copies of any other reports that the provider of school boarding services at the registered school boarding premises is required to prepare for the community of the school boarding premises under any funding agreements with the State or the Commonwealth.
10 Provider of school boarding services must comply with Act and Regulations
The provider of school boarding services at a registered school boarding premises must comply with the requirements of the Act and these Regulations.
11 Provider of school boarding services must comply with conditions of registration
The provider of school boarding services at a registered school boarding premises must comply with any condition imposed on the registration of the premises by or under the Act.
12 Provider of school boarding services must have policies, procedures, and suitable arrangements in place
(1) The provider of school boarding services at a registered school boarding premises must have policies and procedures in place that enable it to ensure that the premises and those services comply with the prescribed minimum standards for registration of school boarding premises.
(2) A provider of school boarding services at a registered school boarding premises must have suitable arrangements in place to enable it to comply with any applicable guidelines issued by the Authority under section 4.3.8Z of the Act.
13 School boarding services must be provided in accordance with scope of registration
The provider of school boarding services at a registered school boarding premises—
(a) must provide those services at the school boarding premises; and
(b) may provide those services at another place or premises at which the students are participating in a camp or excursion (including outside of Victoria) organised by the provider.