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SCHOOLS ASSISTANCE (LEARNING TOGETHER--ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) ACT 2004 - SECT 50

Varying list of non - government schools

  (1)   Any variation of the list of non - government schools is to be made by determination by the Minister.

Note 1:   Section   65 requires the Minister to give notice of the determination to the approved authority.

Note 2:   For the circumstances in which a variation of the list of non - government schools may be made, see subsections   ( 2), (3), (4), (4A), (5), (5A) , (6) and (7) and sections   53, 57, 58, 59, 61, 64 and 132 .

  (2)   If a school, in a State, that is included in the list ceases to be recognised by the State for a particular level of education, the Minister may vary the list to remove the reference to that level of education for the school.

  (3)   If a school, in a State, that is included in the list ceases to be approved in accordance with the law of the State to provide distance education for a particular level of education at a particular location, the Minister may vary the list to remove the reference to distance education for that level of education at that location.

  (4)   If a school, in a State, that is included in the list as a special school ceases to be recognised by the State as a special school, the Minister may vary the list to:

  (a)   remove the reference to the school as a special school; and

  (b)   include the school's SES score; and

  (c)   change the school's funding level.

  (4A)   If a school, in a State, that is included in the list as a special assistance school ceases to be recognised by the State as a special assistance school, the Minister may vary the list to:

  (a)   remove the reference to the school as a special assistance school; and

  (b)   include the school's SES score; and

  (c)   change the school's funding level.

  (5)   If a school, in a State, that, at a particular time, is:

  (a)   included in the list; and

  (b)   not included as a special school;

at a later time is recognised by the State as a special school, the Minister may vary the list to:

  (c)   include a reference to the school as a special school; and

  (d)   remove the school's SES score; and

  (e)   change the school's funding level.

  (5A)   If a school, in a State, that, at a particular time, is:

  (a)   included in the list; and

  (b)   not included as a special assistance school;

at a later time is recognised by the State as a special assistance school, the Minister may vary the list to:

  (c)   include a reference to the school as a special assistance school; and

  (d)   remove the school's SES score; and

  (e)   change the school's funding level.

  (6)   If a school, in a State, that is included in the list:

  (a)   ceases to be recognised by the State Minister; or

  (b)   starts to be conducted for profit;

the Minister may vary the list to remove the name of the school from the list.

  (7)   The Minister may vary the list:

  (a)   under another provision of this Act; or

  (b)   to correct clerical errors or to make alterations of a formal kind, including to remove from the list:

  (i)   the name of a school that has ceased to exist; or

  (ii)   the address of a location at which a school has ceased to provide education; or

  (iii)   a reference to a level of education at a school that has ceased to provide education at that level.



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