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EDUCATION (ACCREDITATION OF NON-STATE SCHOOLS) ACT 2001 - SECT 84

Substantial compliance with notice requirements may be accepted

84 Substantial compliance with notice requirements may be accepted

(1) This section applies if, after receiving a notice from the applicant under section 78 , the committee is not satisfied the applicant has complied with the notice requirements under section 76 to the extent they apply to the applicant.
(2) If the committee is satisfied there has been substantial compliance with the requirements, it must decide to make a recommendation, under section 54 , section 54 as applied by section 59 , or section 85 , about the application.
(3) If the committee does not make the decision mentioned in subsection (2) , it must as soon as practicable notify the applicant of the following—
(a) the committee is not satisfied the applicant has complied with the notice requirements;
(b) the notice requirements that have not been complied with (the
"outstanding notice requirements" );
(c) what the applicant must do to comply with the outstanding notice requirements and a reasonable period within which the outstanding notice requirements must be complied with.
(4) If the applicant receives a notice under subsection (3) , the committee must not make the recommendation unless it is satisfied there has been substantial compliance with the outstanding notice requirements within the stated period.
(5) If the committee is not satisfied there has been substantial compliance with the outstanding notice requirements within the stated period, it—
(a) must not make the recommendation; and
(b) must notify the Minister, board and applicant that the recommendation will not be made and the reason for not making the recommendation.
(6) If the application is of the type mentioned in section 73 , the application is taken to have been withdrawn immediately after the notification under subsection (5) (b) .
(7) If the application is other than of the type mentioned in section 73 , the aspect of the application about Government funding for the school is taken to have been withdrawn immediately after the notification under subsection (5) (b) .
(8) In this section—

"notice requirements under section 76" does not include the requirement about the time, mentioned in section 76 , within which the other requirements must be complied with.



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