13School does not operate for profit because of education and care programs

13 School does not operate for profit because of education and care programs

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.