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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section 73 , the application is taken to have been withdrawn immediately after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Government funding for the school is taken to have been withdrawn immediately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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