Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Schedule 2 Non-government schools registration standards
(see s 5)
Part 2.1 Governance
2.1 Incorporation
The proprietor of a registered school must be a corporation.
2.2 Not-for-profit
The proprietor of a registered school must be registered under the Australian Charities and Not-for-profits Commission Act 2012
(Cwlth).
2.3 Governance structure
(1) The proprietor of a registered school must ensure the governance structure of the school enables the school to—
(a) fulfill its legal obligations; and
(b) be financially viable; and
(c) operate safely.
(2) The proprietor must ensure that the governance responsibilities of the governing body of the school are separate from the day-to-day control and management responsibilities of the principal of the school.
2.4 Financial viability
(1) The proprietor of a registered school must ensure that the school has access to adequate financial resources for its viable operation.
(2) The proprietor must ensure that the school's funding model enables delivery of the school's educational programs to the number of students at the school, at the levels of education for which the school is registered.
(3) The proprietor must ensure that the school's—
(a) finances are managed in accordance with the requirements of the Corporations Act
; and
(b) financial records are audited annually; and
(c) financial records and audit reports are made available to the registrar on request.
2.5 Policies and procedures
(1) The proprietor of a registered school must ensure that the school has policies and procedures in place to ensure the school complies with the registration standards.
(2) The proprietor must ensure that students, parents and staff are consulted about the following policies for the school:
(a) the enrolment policy under standard 2.8;
(b) the complaints policy under standard 2.9;
(c) the behaviour management policy under standard 2.18.
(3) The proprietor must ensure that—
(a) current and prospective students, parents and staff are made aware of the school's policies and procedures; and
(b) the school's policies and procedures are made available to the public; and
Example—made available to the public
published on the school's website
(c) the school's policies and procedures are made available to the registrar on request.
2.6 Annual statement
(1) The proprietor of a registered school must ensure that a written statement is prepared annually, describing how the school has complied with the registration standards during the year.
(2) The proprietor must ensure that the school's annual statement is made available to the public.
Example—made available to the public
• included in a publicly available annual report
• published on the school's website
2.7 Continuous improvement
(1) The proprietor of a registered school must ensure that the school has processes in place to ensure continuous improvement in the operation of the school.
(2) The proprietor must ensure that the school has processes to—
(a) consult students, parents and staff about the operation of the school, including its educational programs; and
(b) regularly review complaints and safety incidents; and
(c) plan, monitor and assess strategies for improving the operation of the school.
(3) The proprietor must ensure that the school keeps written records of—
(a) the school's processes for improving its operation; and
(b) how the strategies are to be monitored and assessed; and
(c) whether the strategies have been successful in improving the operation of the school.
2.8 Enrolment policy, procedures and contracts
(1) The proprietor of a registered school must ensure that the school has—
(a) a written enrolment policy; and
(b) written enrolment procedures; and
(c) a written enrolment contract.
(2) The proprietor must ensure that the school's enrolment policy and enrolment contract clearly state the grounds on which a student's enrolment may be ended.
(3) The proprietor must ensure that the school's enrolment policy and enrolment procedures—
(a) have regard to the effect on a student of ending the student's enrolment; and
(b) apply natural justice and procedural fairness.
Note A school must consult students, parents and staff about the school's enrolment policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
2.9 Complaints policy and procedures
(1) The proprietor of a registered school must ensure that the school has—
(a) a written complaints policy; and
(b) written complaints procedures.
(2) The proprietor must ensure that the school's complaints policy and complaints procedures—
(a) include procedures for receiving, assessing, investigating and resolving complaints; and
(b) take into account the impact of the issues involved in the complaint on all students involved in the complaint; and
(c) apply natural justice and procedural fairness.
Note A school must consult students, parents and staff about the school's complaints policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
Part 2.2 Educational programs
2.10 Curriculum
(1) The proprietor of a registered school must ensure that the school has a curriculum framework in place for the organisation and implementation of the school's educational program.
(2) The proprietor of a school that is registered to provide a level of education from kindergarten to year 10 must ensure the school's educational program complies with the requirements of at least 1 of the following:
(a) the Australian curriculum;
(b) the International Baccalaureate Primary Years Program;
(c) the International Baccalaureate Middle Years Program;
(d) the Australian Steiner Curriculum Framework;
(e) the Montessori National Curriculum Framework;
(f) another curriculum recognised by ACARA.
(3) The proprietor of a school that is registered to provide a level of education from year 11 to year 12 must ensure the school's educational program complies with the requirements of at least 1 of the following:
(a) the Board of Senior Secondary Studies;
(b) a diploma program authorised by the International Baccalaureate;
(c) the Education Act 1990
(NSW), section 12 (Curriculum for Higher School Certificate candidates).
(4) The proprietor must ensure that the nature and content of its educational courses are appropriate for the levels of education the school is registered to provide.
(5) The proprietor must ensure that the school makes reasonable adjustments to the way the curriculum is delivered for students with disability and students with complex needs.
(6) A registered school's educational program may include, in addition to the courses required under subsection (2) or (3), other courses, programs, studies or subjects decided by the principal of the school.
(7) In this section:
"Australian curriculum" means the national curriculum as agreed by the Ministerial Council and administered by ACARA under the Australian Curriculum, Assessment and Reporting Authority Act 2008
(Cwlth).
Australian Curriculum, Assessment and Reporting Authority "(or "ACARA ) means the body established under the Australian Curriculum, Assessment and Reporting Authority Act 2008
(Cwlth), section 5 (1).
"Board of Senior Secondary Studies" means the board established under the Board of Senior Secondary Studies Act 1997
, section 4 (1).
2.11 Educational program accessibility
(1) The proprietor of a registered school must ensure that the school makes information about the school's educational program available to students, parents and staff.
Example—makes available
publishes on the school's website
(2) The proprietor must ensure that the school consults students, parents and staff about significant changes to the school's educational program.
2.12 Educational performance
The proprietor of a registered school must ensure that—
(a) the educational performance of each student at the school is assessed, monitored and recorded; and
(b) each student at the school, and their parents, have access to information about the student's performance; and
(c) at least twice each year, the parents of each student at the school are given a written report about the student's educational performance and social development at the school.
2.13 Student learning outcomes
The proprietor of a registered school must ensure that the school—
(a) sets learning outcomes for all students at the school; and
(b) has processes in place to support all students at the school to achieve their learning outcomes, including processes for making reasonable adjustments to support learning outcomes for students with disability and students with complex needs.
Part 2.3 Safety and welfare
2.14 Protection from harm
(1) The proprietor of a registered school must ensure that the school takes all reasonable steps to protect the following people from harm:
(a) students at the school;
(b) members of staff of the school;
(c) other people involved in the school's operation.
(2) The proprietor must take all reasonable steps to ensure that the school has a safe and effective learning environment.
2.15 National Principles for Child Safe Organisations
The proprietor of a registered school must ensure that the school complies with the National Principles for Child Safe Organisations as in force from time to time.
Note The National Principles for Child Safe Organisations is accessible at childsafe.humanrights.gov.au
.
2.16 Encouraging attendance
(1) The proprietor of a registered school must ensure that the school has procedures in place to—
(a) ensure students attend school regularly; and
(b) help parents to encourage students to attend school regularly.
(2) The proprietor must ensure that, if the procedures are unsuccessful for a student, the student and their parents are referred to support services that encourage regular school attendance.
2.17 Student movement register
The proprietor of a registered school must ensure that the school has procedures in place to ensure the principal of the school complies with procedures established by the director-general under the Act
, section 10AB (Student movement register—procedures).
2.18 Behaviour management policy and procedures
(1) The proprietor of a registered school must ensure that the school has—
(a) a written behaviour policy; and
(b) written procedures about behaviour.
(2) The proprietor must ensure that the school's behaviour policy—
(a) deals with the following:
(i) for a catholic system school—suspension, expulsion and exclusion of students at the school;
(ii) for an independent school—suspension and expulsion of students at the school; and
(b) is consistent with the Act
, chapter 2A (Suspension, transfer, expulsion and exclusion of students); and
(c) has regard to the best interests of—
(i) the student whose behaviour is being considered; and
(ii) other students; and
(iii) members of staff at the school; and
(d) applies natural justice and procedural fairness.
Note A school must consult students, parents and staff about the school's behaviour policy and ensure it is available to current and prospective students, parents and staff (see standard 2.5).
Part 2.4 Other operational requirements
2.19 Compliance with territory and Commonwealth laws
(1) The proprietor of a registered school must ensure that the school complies with all territory and Commonwealth laws that apply to the school.
Examples—applicable territory and Commonwealth laws
• ACT Teacher Quality Institute Act 2010
• Australian Education Act 2013
(Cwlth)
• Children and Young People Act 2008
• Disability Discrimination Act 1992
(Cwlth)
(Cwlth)
• Senior Practitioner Act 2018
• Work Health and Safety Act 2011
• Working with Vulnerable People (Background Checking) Act 2011
(2) The proprietor must ensure that the proprietor, and the school, comply with the conditions of the school's registration.
(3) The proprietor must tell the registrar within 5 working days, in writing, if any action is taken against the proprietor, or the school, under a territory or Commonwealth law.
(4) The proprietor, and each other person involved in the management or operation of the school, must comply with any lawful direction given under a territory or Commonwealth law.
(5) The proprietor, and each other person involved in the management or operation of the school, must make any record the school is required to keep under a territory or Commonwealth law available to the registrar on request.
2.20 Suitability of key individuals for the proprietor
(1) The proprietor of a registered school must ensure that each key individual for the proprietor is a suitable person to be involved in the governance or management of the school.
(2) A person is not suitable to be involved in the governance or management of a registered school if the person—
(a) is not registered under the Working with Vulnerable People (Background Checking) Act 2011
to engage in regulated activities involving children; or
(b) has been convicted or found guilty, in the ACT, of an offence punishable by imprisonment for at least 1 year; or
Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000
, s 16 (c) (i) and s 19H (1) (c) (i)).
(c) has been convicted or found guilty, outside the ACT, of an offence that, if committed in the ACT, would be punishable by imprisonment for at least 1 year; or
(d) is or has been bankrupt or personally insolvent; or
(e) has been the subject of an adverse finding or action taken by a court, tribunal, commission of inquiry, professional disciplinary body or regulatory authority (in the Territory or elsewhere), if the adverse finding or action relates to—
(i) dishonest, misleading or deceptive conduct; or
(ii) non-compliance with a legal obligation relating to the provision of education; or
(iii) a breach of a duty (including a duty of disclosure).
2.21 Teaching staff
The proprietor of a registered school must ensure that each person employed to teach at the school is an approved teacher under the ACT Teacher Quality Institute Act 2010
.
Note Approved teachers include registered teachers and people with a permit to teach, but not if the registration or permit is suspended (see ACT Teacher Quality Institute Act 2010
, s 9).
2.22 Compliance with Working with Vulnerable People (Background Checking) Act 2011
(1) The proprietor of a registered school must ensure that each person carrying out a regulated activity for the school complies with the requirements of the Working with Vulnerable People (Background Checking) Act 2011
.
(2) In this section:
"regulated activity"—see the Working with Vulnerable People (Background Checking) Act 2011
, section 8 (1).
Examples—regulated activities
• child education services
• child accommodation services
• counselling and support services for children
• commercial services for children
2.23 Buildings, facilities and grounds
The proprietor of a registered school must ensure that the school's buildings, facilities and grounds comply with all territory and Commonwealth laws that apply to the buildings, facilities or grounds, including laws about planning, sustainability, building and work health and safety.
2.24 Educational facilities
The proprietor of a registered school must ensure that the school's educational facilities are—
(a) sufficient to enable the school to effectively provide the educational program offered by the school; and
(b) suitable for the ages of the students attending the school.
2.25 Residential boarding services
The proprietor of a registered school that provides residential boarding services must ensure that the residential boarding services comply with AS 5725:2015 (Boarding Standard for Australian schools and residences) as in force from time to time.
Note AS 5725:2015 may be purchased at www.standards.org.au
.
2.26 Emergency management plan
(1) The proprietor of a registered school must ensure that the school has an emergency management plan.
(2) The proprietor must ensure that, in developing the emergency management plan, the school has regard to AS 3745-2010 (Planning for emergencies in facilities) as in force from time to time.
Note AS 3745-2010 may be purchased at www.standards.org.au
.