Part 1
Preliminary
Part 1 Preliminary
Part 1 Preliminary
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New South Wales regulation
What this instrument is: The Education Regulation 2026 (NSW) is the version of that subordinate instrument published on the NSW legislation website. This version is listed as “Current from 28/08/2026” and the site notes “The provisions displayed in this version of the legislation have all commenced.”
Why it matters: The page also records that the regulation is certified under “section 45C of the Interpretation Act 1987” and that it is due to be “automatically repealed under the Subordinate Legislation Act 1989 on 1 September 2031.” These administrative facts tell you the regulation is in force, has a clear expiry, and is the certified official text on the NSW site.
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Direct links to the current provisions in Education Regulation 2026.
Part 1 Preliminary
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education Regulation 2017, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
association, for Part 4—see section 21.
association’s rules, for Part 4—see section 21.
Chairperson, for Schedule 1—see Schedule 1, section 1.
charity, for Part 3—see section 7.
facilities, for Part 3—see section 7.
member, for Schedule 1—see Schedule 1, section 1.
stops operating, for Part 3—see section 7.
the Act means the Education Act 1990.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Compulsory school-age
4 Completion of Year 10—the Act, s 21B(7)(a)
(1) A child has completed Year 10 of secondary education in this State by school education if the child has received one of the following—
(a) a recognised certificate,
(b) a transcript of study provided under the Act, section 98,
(c) a certificate from the proprietor of a non-accredited school confirming the child has satisfied the participation requirements specified in subsection (2)(a).
(2) A child has completed Year 10 of secondary education in this State by school education if—
(a) for a child attending a non-accredited school—
(i) the child has received instruction that meets the curriculum requirements specified in the Act, section 10 and completed the courses of study for Year 10, and
(ii) the child’s attendance at school has, in the relevant authority’s opinion, been satisfactory, and
(iii) the child has, in the school principal’s opinion, applied themselves with diligence and sustained effort, or
(b) for a child attending another school—
(i) the child has undertaken courses of study determined under the Act to be appropriate for candidates for the Record of School Achievement, and
(ii) the child’s attendance at school has, in the relevant authority’s opinion, been satisfactory, and
(iii) the child has, in the school principal’s opinion, applied themselves with diligence and sustained effort.
(3) A child has completed Year 10 of secondary education in this State by home schooling if the child—
(a) is, or was, registered for home schooling, and
(b) during the period of registration under paragraph (a), has received instruction that meets the relevant requirements of the Act, Part 3 relating to the minimum curriculum for Year 10.
(4) In this section—
non-accredited school means a non-government school that is not accredited to present candidates for the Record of School Achievement.
relevant authority means—
(a) for a child attending a government school—the Secretary, and
(b) for a child attending a non-government school that is a member of a system of non-government schools—the approved authority appointed under the Act, section 40, and
(c) for a child attending another non-government school—the proprietor of the school.
5 Participation in paid work
(1) For the Act, section 21B(7)(b), a child is participating in paid work if—
(a) the child is engaged in work as an employee or self-employed person, and
(b) the child is being paid for the work, and
(c) the engagement of the child does not contravene a requirement imposed by or under an Act or law.
(2) A child engaged in housework or home maintenance for a parent of the child is not participating in paid work, whether or not the child is being paid for the work.
6 Participation on full-time basis
(1) For the Act, section 21B(7)(d), a child is participating in paid work on a full-time basis if the child participates in paid work for an average of not less than 25 hours per week over a 4-week period.
(2) A child is participating in approved education or training on a full-time basis if the provider of the approved education or training in which the child is participating certifies that the education or training is being provided to the child on a full-time basis.
(3) A child is participating in a combination of paid work and approved education or training on a full-time basis if the child participates in both for a combined average of not less than 25 hours per week over a 4-week period.
Part 3 Non-government schools
7 Definitions
In this part—
charity includes—
(a) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth, and
(b) an international charity.
facilities means premises, buildings or other facilities.
stops operating, in relation to a non-government school, means—
(a) none of the courses of study required to be provided under the Act, Part 3 are being provided at the school, or
(b) no students are enrolled at the school.
8 Classes of registration for non-government schools
For the Act, sections 53(1)(c), 64(2)(b) and 65(2)(c), the following kinds of children are prescribed—
(a) children who need special instruction because of a disability within the meaning of the Disability Discrimination Act 1992 of the Commonwealth,
(b) children who are, or are the children of, foreign nationals.
9 Notifiable changes in operation of non-government schools
(1) For the Act, section 63(1), the following kinds of changes are prescribed—
(a) the school stops operating for 1 year,
(b) the school closes.
(2) The proprietor, principal or approved authority must give the Authority written notice of a change—
(a) as soon as practicable after becoming aware the change will occur or has occurred, and
(b) no later than 1 month after the change has occurred.
10 Changes causing registration of non-government schools to cease
(1) For the Act, section 63(2), the registration of the school ceases if the school—
(a) stops operating for 2 years, or
(b) closes.
(2) If a school stops operating for more than 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.
(3) The Minister must give the proprietor, principal or approved authority written notice of the following—
(a) that the registration of the school will cease under subsection (1),
(b) that the registration of the school is limited under subsection (2).
11 School does not operate for profit because of certain payments to students
For the Act, section 83C(3), a non-government school does not operate for profit because a reasonable payment is made by or on behalf of the school to a student of the school in connection with a prize, scholarship or school activity.
12 School does not operate for profit because of redress payments for child sexual abuse
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of one or more of the following—
(a) a funding contribution made by or on behalf of the school to the National Redress Scheme for Institutional Child Sexual Abuse,
(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 of the Commonwealth,
(c) a payment made by the school under a local redress scheme for redress to a person for sexual abuse—
(i) committed against the person while the person was a minor, and
(ii) connected to the school.
(2) However, this section does not apply if the funding contribution or payment includes financial assistance provided by the Minister to or for the benefit of the school.
(3) In this section—
funding contribution means a funding contribution for a participating non-government institution under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth.
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.
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 of the Commonwealth.
13 School does not operate for profit because of education and care programs
(1) For the Act, section 83C(3), a non-government school does not operate for profit if the proprietor’s assets relating to the school, or income arising from the operation of the school, are used by the proprietor to provide a recognised education and care program to children—
(a) attending the school, or
(b) who meet criteria specified in guidelines published by the Minister under the Act, section 83L.
(2) Despite subsection (1), a non-government school operates for profit if—
(a) financial assistance provided by the Minister under the Act, section 83B is used for a recognised education and care program, or
(b) a payment is made by the school to a related entity or other person or body for property, goods or services that are not required for the operation of the recognised education and care program or school, or
(c) income arising from the operation of the recognised education and care program is used for a purpose other than the operation of the program or school.
(3) In this section—
long day care means a service, including a preschool program, providing care for children who are less than 6 years of age.
out-of-school-hours care means care, play and learning for school children delivered before or after school, during school holidays or on pupil-free days.
preschool program has the same meaning as in the Children (Education and Care Services) National Law (NSW).
recognised education and care program includes the following—
(a) long day care,
(b) out-of-school-hours care,
(c) a preschool program.
14 School does not operate for profit because of joint use arrangements
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of—
(a) a payment made by the school under a joint use arrangement, or
(b) the use of the following in accordance with a joint use arrangement—
(i) the assets of the school’s proprietor, as far as the assets relate to the school,
(ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.
(2) This section does not apply if—
(a) the payment is made by the school to a related entity or other person or body for property, goods or services—
(i) at more than reasonable market value, or
(ii) not required for the operation of the school, or
(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
(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.
(3) Income received by the proprietor arising from the joint use arrangement must be used for the operation of the school.
(4) In this section—
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—
(a) the facilities are or will be—
(i) owned by the school or the proprietor of the school, or
(ii) jointly owned by the school or the proprietor of the school and the other person, and
(b) the other person will be entitled to use the facilities in a way that does not adversely affect the school.
15 School does not operate for profit because of payments for future use of facilities
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of—
(a) a payment made by the school under a future use arrangement, or
(b) the use of the following in accordance with a future use arrangement—
(i) the assets of the school’s proprietor, as far as the assets relate to the school,
(ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.
(2) This section does not apply if—
(a) the payment is made by the school to a related entity or other person or body for property, goods or services—
(i) at more than reasonable market value, or
(ii) not required for the operation of the school, or
(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
(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.
(3) In this section—
future use arrangement means an arrangement between a school or the proprietor of a school and another person—
(a) under which facilities are developed, acquired, upgraded or maintained, and
(b) with the intention that—
(i) the facilities are or will be owned by the other person, and
(ii) the school will be entitled to use the facilities.
16 School does not operate for profit because of community use of school premises
(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—
(a) to a school, local council, government agency, not-for-profit organisation or community group, or
(b) to members of the public for recreational purposes or other purposes that benefit the local community.
(2) This section does not apply if the use of the facilities limits or restricts the operation of the school.
(3) To avoid doubt, facilities that have been developed, acquired, upgraded or maintained under a joint use arrangement, within the meaning of section 14, may be made available for community use.
(4) In this section—
community group does not include a group that operates for profit.
government agency means the following—
(a) the Crown,
(b) a NSW Government agency,
(c) a Public Service agency within the meaning of the Government Sector Employment Act 2013,
(d) a State owned corporation within the meaning of the State Owned Corporations Act 1989,
(e) another public authority constituted by or under an Act.
17 School does not operate for profit because of donations of depreciated or redundant equipment
(1) For the Act, section 83C(3), a non-government school does not operate for profit because—
(a) depreciated or redundant equipment of the school is donated to another school, a charity or a local council, or
(b) the school has made a payment to cover the reasonable costs, including reasonable transportation costs associated with the donated equipment.
(2) In this section—
depreciated or redundant equipment means equipment that is—
(a) completely or substantially depreciated, or
(b) no longer required for school purposes.
donation includes sale at below reasonable market value.
18 School does not operate for profit because of charitable fundraising
For the Act, section 83C(3), a non-government school does not operate for profit because—
(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—
(i) prevent the asset from being used for the operation of the school, or
(ii) otherwise adversely affect the operation of the school, or
(b) a payment is made to a charity of funds raised for the charity if the payment—
(i) is of funds raised by the school community, and
(ii) does not include—
(A) the income of the school, or
(B) the income of the school’s proprietor, as far as the income relates to the school.
19 Non-Government Schools Not-for-profit Advisory Committee
For the Act, section 83K(3), Schedule 1 contains provisions relating to the constitution and procedure of the Advisory Committee.
20 Directions to schools and proprietors
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.
Part 4 Associations and district councils
21 Definitions
In this part—
association means—
(a) a kindred association, or
(b) a parents and citizens association.
association’s rules means the rules made or adopted by the association under the Act, section 117.
22 Constitution of parents and citizens associations and kindred associations
(1) For the Act, section 115(1), relevant persons may resolve to constitute an association for a government school at a meeting at which at least 7 relevant persons—
(a) resolve to form the association, and
(b) appoint the following from the relevant persons present—
(i) a president,
(ii) at least 2 vice-presidents,
(iii) a treasurer,
(iv) a secretary.
(2) A person appointed to an office referred to in this section holds office until a successor is appointed in accordance with the association’s rules.
(3) In this section—
relevant persons means—
(a) parents of children attending the school, and
(b) residents of the district served by the school.
23 Constitution of district councils
(1) If, under the Act, section 115(2), the Minister establishes a district council for an area, each association for a government school in the area may appoint 1 or 2 delegates to the council.
(2) Delegates must be appointed in accordance with the association’s rules.
Part 5 Miscellaneous
24 Repeal and savings
(1) The Education Regulation 2017 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Education Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Constitution and procedure of Advisory Committee
section 19
Part 1 General
1 Definitions
In this schedule—
Chairperson means the member of the Advisory Committee appointed under the Act, section 83K(1)(a).
member means a member of the Advisory Committee.
Part 2 Constitution
2 Terms of office of members
(1) A member holds office for the period of not more than 3 years specified in the member’s instrument of appointment.
(2) A member is eligible, if otherwise qualified, for reappointment.
3 Part-time appointments
A member holds office on a part-time basis.
4 Remuneration
A member is entitled to be paid the remuneration, including travel and subsistence allowances, determined by the Minister from time to time.
5 Deputies
(1) A member may, from time to time, appoint a person to be the deputy of the member, and may revoke an appointment.
(2) In the absence of a member, the member’s deputy may, if available, act in the place of the member.
(3) While acting in the place of a member, a person has all the functions of the member and is taken to be a member.
(4) For this section, a vacancy in the office of a member is taken to be an absence of the member.
(5) This section does not operate to confer on the deputy of a member who is the Chairperson the member’s functions as Chairperson.
6 Vacancy in office
(1) The office of a member becomes vacant if the member—
(a) dies, or
(b) completes a term of office and is not reappointed, or
(c) resigns from office by written notice addressed to the Minister, or
(d) is removed from office by the Minister under this section, or
(e) is absent from 3 consecutive meetings of the Advisory Committee of which reasonable notice has been given to the member, unless—
(i) the member is on leave granted by the Minister, or
(ii) within 6 weeks of the third meeting, the member is excused by the Minister for having been absent from the meetings, or
(f) becomes personally insolvent, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence punishable by imprisonment for 12 months or more, or
(i) is convicted in another jurisdiction of an offence that, if committed in New South Wales, would be punishable by imprisonment for 12 months or more.
(2) The Minister may remove a member from office at any time.
(3) If the office of a member becomes vacant, the Minister must appoint a person to fill the vacancy.
7 Chairperson
(1) A member vacates office as Chairperson if the member—
(a) stops being a member, or
(b) resigns from the office by written notice addressed to the Minister, or
(c) is removed from the office by the Minister under this section.
(2) For subsection (1)(a), a member does not stop being a member when the member’s term of office ends if the member is reappointed for a term commencing immediately after the end of the previous term.
(3) The Minister may remove a member from office as Chairperson at any time.
8 Effect of certain other Acts
(1) The provisions of the Government Sector Employment Act 2013 relating to the employment of Public Service employees do not apply to a member.
(2) A provision of an Act or law does not disqualify a person from holding a specified office and also the office of a member, or from accepting remuneration payable to the person under this schedule, section 4, because the provision—
(a) requires the person who holds the specified office to devote the whole of the person’s time to the duties of the office, or
(b) prohibits the person from engaging in employment outside the duties of the specified office.
Part 3 Procedure
9 General procedure
Subject to this schedule, the procedure for calling and conducting business at a meeting of the Advisory Committee is to be determined by the Advisory Committee.
10 Quorum
The quorum for a meeting of the Advisory Committee is a majority of members.
11 Presiding member
(1) The following person must preside at a meeting of the Advisory Committee—
(a) the Chairperson,
(b) if the Chairperson is absent—one of the members present at the meeting, as elected by the other members present.
(2) The presiding member has—
(a) a deliberative vote, and
(b) in the event of an equality of votes—a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting of the Advisory Committee at which a quorum is present is a decision of the Advisory Committee.
13 Minutes and other records
(1) The Advisory Committee must keep—
(a) minutes of meetings of the Advisory Committee, and
(b) a record of—
(i) decisions of the Advisory Committee, and
(ii) particulars of disclosures made under this schedule, section 14.
(2) Records kept under subsection (1)(b)(ii) must be available for inspection by any person at a reasonable time.
14 Disclosure of conflicts of interest
(1) A member must disclose the nature of a conflict of interest at a meeting of the Advisory Committee as soon as practicable after the member becomes aware of the conflict of interest.
(2) A member has a conflict of interest if—
(a) the member has a direct or indirect pecuniary interest in a matter being, or about to be, considered at a meeting of the Advisory Committee, and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.
(3) A disclosure by a member of one of the following is a sufficient disclosure of the nature of a conflict of interest in a matter relating to a specified corporation or other specified body, or a specified person, which may arise after the disclosure is made—
(a) the member is a member of, or employed by, the specified corporation or other specified body,
(b) the member is a partner of, or employed by, the specified person,
(c) the member has another interest relating to the specified corporation or other specified body, or the specified person.
(4) A member who has made a disclosure under subsection (1) must not, unless the Minister or the Advisory Committee otherwise determines—
(a) be present during a deliberation of the Advisory Committee about the matter the disclosure relates to, or
(b) take part in a decision of the Advisory Committee about the matter.
(5) A member who has a pecuniary interest in the matter to which the disclosure relates must not—
(a) be present during a deliberation of the Advisory Committee about the making of a determination under subsection (4), or
(b) take part in making the determination.
(6) A contravention of this section does not invalidate a decision of the Advisory Committee.
(7) This section applies to a subcommittee member and a subcommittee in the same way this section applies to a member and the Advisory Committee.
15 Conducting business outside meetings or by telephone or other means
(1) The Advisory Committee may conduct business by circulating papers, including by electronic means, among all members.
(2) If the Advisory Committee conducts business by circulating papers, a written resolution approved in writing by a majority of members is taken to be a decision of the Advisory Committee made at a meeting of the Advisory Committee.
(3) The Advisory Committee may conduct business at a meeting at which one or more members participate by telephone or other electronic means only if all members who speak on a matter can be heard by the other members.
(4) The Chairperson and other members have the same voting rights as at an ordinary meeting of the Advisory Committee for the purposes of—
(a) approving a resolution under subsection (2), or
(b) voting on a matter at a meeting held in accordance with subsection (3).
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
1 Name of regulation
This regulation is the Education Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Education Regulation 2017, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—
association, for Part 4—see section 21.
association’s rules, for Part 4—see section 21.
Chairperson, for Schedule 1—see Schedule 1, section 1.
charity, for Part 3—see section 7.
facilities, for Part 3—see section 7.
member, for Schedule 1—see Schedule 1, section 1.
stops operating, for Part 3—see section 7.
the Act means the Education Act 1990.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
Part 2 Compulsory school-age
4 Completion of Year 10—the Act, s 21B(7)(a)
(1) A child has completed Year 10 of secondary education in this State by school education if the child has received one of the following—
(a) a recognised certificate,
(b) a transcript of study provided under the Act, section 98,
(c) a certificate from the proprietor of a non-accredited school confirming the child has satisfied the participation requirements specified in subsection (2)(a).
(2) A child has completed Year 10 of secondary education in this State by school education if—
(a) for a child attending a non-accredited school—
(i) the child has received instruction that meets the curriculum requirements specified in the Act, section 10 and completed the courses of study for Year 10, and
(ii) the child’s attendance at school has, in the relevant authority’s opinion, been satisfactory, and
(iii) the child has, in the school principal’s opinion, applied themselves with diligence and sustained effort, or
(b) for a child attending another school—
(i) the child has undertaken courses of study determined under the Act to be appropriate for candidates for the Record of School Achievement, and
(ii) the child’s attendance at school has, in the relevant authority’s opinion, been satisfactory, and
(iii) the child has, in the school principal’s opinion, applied themselves with diligence and sustained effort.
(3) A child has completed Year 10 of secondary education in this State by home schooling if the child—
(a) is, or was, registered for home schooling, and
(b) during the period of registration under paragraph (a), has received instruction that meets the relevant requirements of the Act, Part 3 relating to the minimum curriculum for Year 10.
(4) In this section—
non-accredited school means a non-government school that is not accredited to present candidates for the Record of School Achievement.
relevant authority means—
(a) for a child attending a government school—the Secretary, and
(b) for a child attending a non-government school that is a member of a system of non-government schools—the approved authority appointed under the Act, section 40, and
(c) for a child attending another non-government school—the proprietor of the school.
5 Participation in paid work
(1) For the Act, section 21B(7)(b), a child is participating in paid work if—
(a) the child is engaged in work as an employee or self-employed person, and
(b) the child is being paid for the work, and
(c) the engagement of the child does not contravene a requirement imposed by or under an Act or law.
(2) A child engaged in housework or home maintenance for a parent of the child is not participating in paid work, whether or not the child is being paid for the work.
6 Participation on full-time basis
(1) For the Act, section 21B(7)(d), a child is participating in paid work on a full-time basis if the child participates in paid work for an average of not less than 25 hours per week over a 4-week period.
(2) A child is participating in approved education or training on a full-time basis if the provider of the approved education or training in which the child is participating certifies that the education or training is being provided to the child on a full-time basis.
(3) A child is participating in a combination of paid work and approved education or training on a full-time basis if the child participates in both for a combined average of not less than 25 hours per week over a 4-week period.
Part 3 Non-government schools
7 Definitions
In this part—
charity includes—
(a) a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth, and
(b) an international charity.
facilities means premises, buildings or other facilities.
stops operating, in relation to a non-government school, means—
(a) none of the courses of study required to be provided under the Act, Part 3 are being provided at the school, or
(b) no students are enrolled at the school.
8 Classes of registration for non-government schools
For the Act, sections 53(1)(c), 64(2)(b) and 65(2)(c), the following kinds of children are prescribed—
(a) children who need special instruction because of a disability within the meaning of the Disability Discrimination Act 1992 of the Commonwealth,
(b) children who are, or are the children of, foreign nationals.
9 Notifiable changes in operation of non-government schools
(1) For the Act, section 63(1), the following kinds of changes are prescribed—
(a) the school stops operating for 1 year,
(b) the school closes.
(2) The proprietor, principal or approved authority must give the Authority written notice of a change—
(a) as soon as practicable after becoming aware the change will occur or has occurred, and
(b) no later than 1 month after the change has occurred.
10 Changes causing registration of non-government schools to cease
(1) For the Act, section 63(2), the registration of the school ceases if the school—
(a) stops operating for 2 years, or
(b) closes.
(2) If a school stops operating for more than 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.
(3) The Minister must give the proprietor, principal or approved authority written notice of the following—
(a) that the registration of the school will cease under subsection (1),
(b) that the registration of the school is limited under subsection (2).
11 School does not operate for profit because of certain payments to students
For the Act, section 83C(3), a non-government school does not operate for profit because a reasonable payment is made by or on behalf of the school to a student of the school in connection with a prize, scholarship or school activity.
12 School does not operate for profit because of redress payments for child sexual abuse
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of one or more of the following—
(a) a funding contribution made by or on behalf of the school to the National Redress Scheme for Institutional Child Sexual Abuse,
(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 of the Commonwealth,
(c) a payment made by the school under a local redress scheme for redress to a person for sexual abuse—
(i) committed against the person while the person was a minor, and
(ii) connected to the school.
(2) However, this section does not apply if the funding contribution or payment includes financial assistance provided by the Minister to or for the benefit of the school.
(3) In this section—
funding contribution means a funding contribution for a participating non-government institution under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 of the Commonwealth.
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.
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 of the Commonwealth.
13 School does not operate for profit because of education and care programs
(1) For the Act, section 83C(3), a non-government school does not operate for profit if the proprietor’s assets relating to the school, or income arising from the operation of the school, are used by the proprietor to provide a recognised education and care program to children—
(a) attending the school, or
(b) who meet criteria specified in guidelines published by the Minister under the Act, section 83L.
(2) Despite subsection (1), a non-government school operates for profit if—
(a) financial assistance provided by the Minister under the Act, section 83B is used for a recognised education and care program, or
(b) a payment is made by the school to a related entity or other person or body for property, goods or services that are not required for the operation of the recognised education and care program or school, or
(c) income arising from the operation of the recognised education and care program is used for a purpose other than the operation of the program or school.
(3) In this section—
long day care means a service, including a preschool program, providing care for children who are less than 6 years of age.
out-of-school-hours care means care, play and learning for school children delivered before or after school, during school holidays or on pupil-free days.
preschool program has the same meaning as in the Children (Education and Care Services) National Law (NSW).
recognised education and care program includes the following—
(a) long day care,
(b) out-of-school-hours care,
(c) a preschool program.
14 School does not operate for profit because of joint use arrangements
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of—
(a) a payment made by the school under a joint use arrangement, or
(b) the use of the following in accordance with a joint use arrangement—
(i) the assets of the school’s proprietor, as far as the assets relate to the school,
(ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.
(2) This section does not apply if—
(a) the payment is made by the school to a related entity or other person or body for property, goods or services—
(i) at more than reasonable market value, or
(ii) not required for the operation of the school, or
(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
(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.
(3) Income received by the proprietor arising from the joint use arrangement must be used for the operation of the school.
(4) In this section—
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—
(a) the facilities are or will be—
(i) owned by the school or the proprietor of the school, or
(ii) jointly owned by the school or the proprietor of the school and the other person, and
(b) the other person will be entitled to use the facilities in a way that does not adversely affect the school.
15 School does not operate for profit because of payments for future use of facilities
(1) For the Act, section 83C(3), a non-government school does not operate for profit because of—
(a) a payment made by the school under a future use arrangement, or
(b) the use of the following in accordance with a future use arrangement—
(i) the assets of the school’s proprietor, as far as the assets relate to the school,
(ii) the income of the school’s proprietor, as far as the income arises from the operation of the school.
(2) This section does not apply if—
(a) the payment is made by the school to a related entity or other person or body for property, goods or services—
(i) at more than reasonable market value, or
(ii) not required for the operation of the school, or
(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
(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.
(3) In this section—
future use arrangement means an arrangement between a school or the proprietor of a school and another person—
(a) under which facilities are developed, acquired, upgraded or maintained, and
(b) with the intention that—
(i) the facilities are or will be owned by the other person, and
(ii) the school will be entitled to use the facilities.
16 School does not operate for profit because of community use of school premises
(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—
(a) to a school, local council, government agency, not-for-profit organisation or community group, or
(b) to members of the public for recreational purposes or other purposes that benefit the local community.
(2) This section does not apply if the use of the facilities limits or restricts the operation of the school.
(3) To avoid doubt, facilities that have been developed, acquired, upgraded or maintained under a joint use arrangement, within the meaning of section 14, may be made available for community use.
(4) In this section—
community grou
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