10Changes to maximum number of students at request of approved authority

10 Changes to maximum number of students at request of approved authority

(1) Where a maximum number of students eligible for general recurrent funding is specified in the list in relation to a systemic school or a non‑systemic school or to a location in respect of which such a school is included in the list, the approved authority may make an application to the Minister, in accordance with a form approved in writing by the Minister, not later than 2 years, or such shorter period as the Minister, in special circumstances, allows, before 1 March in the year in which the proposed variation would take effect for a variation of the list so as to increase or decrease the number so specified. (2) Where:

(a) the Minister receives an application in accordance with subsection (1) from an approved authority in relation to a proposed variation of the list in relation to a school; and

(b) the Minister is satisfied that the clientele of the school after the variation will not be significantly different to the clientele of the school before the variation;

the Minister shall, by determination in writing, vary the list in accordance with the application. (3) Where:

(a) the Minister receives an application in accordance with subsection (1) from an approved authority in relation to a proposed variation of the list in relation to a school;

(b) the Minister is satisfied that the clientele of the school after the variation will be significantly different to the clientele of the school before the variation; and

(c) the Minister is satisfied that:

(i) such government and non‑government education authorities for the State in which the school is situated as the Minister considers appropriate have been given notice of the proposed variation; and

(ii) having regard to the matters set out in subsection (4), the variation should be made;

the Minister shall, by determination in writing, vary the list in accordance with the application. (4) The Minister shall, in deciding whether or not to make a variation of the list under subsection (3) in relation to a school, have regard to:

(a) the plans (including the plans of the relevant government and non‑government education authorities) for the provision of education in the State, and in the locality, in which the school operates;

(b) the past, current and projected characteristics of that locality so far as the provision of education is concerned; and

(c) the priority that the proposed variation should, in the opinion of the Minister, be accorded in relation to funding from the Commonwealth.

(5) Where:

(a) the Minister receives an application, in accordance with subsection (1), from an approved authority in relation to a proposed variation of the list in relation to a school; and