11Non‑government schools—failure to meet minimum enrolments

11 Non‑government schools—failure to meet minimum enrolments

(1) Subject to subsection (2), where the number of students enrolled at a particular level, or at a particular combination of levels, at a systemic or non‑systemic school in a State, being a school that is included in the list in respect of the provision of education at that level or those levels, is fewer than the minimum number of students for that level or that combination of levels, as the case may be, on the schools census day for that State in a program year, the Minister may, by determination in writing, vary the list by:

(a) removing the school from the list; or

(b) including the school in the list only in so far as it provides education at a specified level.

(2) Where the Minister proposes to take action under this section in relation to a school, the Minister shall, by notice in writing given to the approved authority, inform the authority of the proposed action, stating the reasons for the proposed action and inviting the approved authority, to make, if it considers that there is a special justification for the low enrolment, within such reasonable period as is specified in the notice, submissions in relation to the proposed action. (3) Where the approved authority makes submissions in accordance with subsection (2), the Minister shall reconsider the decision to take action under this section, taking those submissions into account, and shall notify the approved authority, in writing, of the decision on reconsideration and of the reasons for the decision.