Commonwealth Consolidated Acts

SCHOOLS ASSISTANCE (LEARNING TOGETHER--ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) ACT 2004 - SECT 59

  (1)   Either of the following may apply in writing to the Minister to approve a proposal for a school that is a member of an approved school system to cease to be a member of the approved school system:

  (a)   the body (the responsible body ) that is to be principally responsible for the school under the proposal;

  (b)   the approved authority of the approved school system.

  (2)   The application must:

  (a)   set out the name and address of the school and of the responsible body; and

  (b)   state the earliest program year to which the proposal relates; and

  (c)   state whether the responsible body agrees to fulfil the obligations (if any) of the approved authority of the approved school system under this Act or the former Act in relation to the school that have not been fulfilled; and

  (d)   request the Minister to approve the proposal.

  (3)   The Minister may:

  (a)   approve the proposal; or

  (b)   refuse the application.

  (4)   The Minister must not approve the proposal unless:

  (a)   if the application is made by the responsible body:

  (i)   the application is accompanied by evidence that the approved authority of the approved school system agrees to the school ceasing to be a member of the approved school system; or

  (ii)   the Minister has given notice to the approved authority of the approved school system in relation to the proposal; and

  (b)   the school is not conducted for profit; and

  (c)   the responsible body is a body corporate; and

  (d)   the responsible body has made an agreement with the Commonwealth as mentioned in subsection   30(1) for the earliest program year to which the proposal relates, and all later program years; and

  (e)   the agreement provides that the responsible body agrees to fulfil the obligations (if any) of the approved authority of the approved school system under this Act or the former Act in relation to the school that have not been fulfilled.

  (5)   If the Minister approves the proposal, the Minister must:

  (a)   make the appropriate variations to the list of non - government schools; and

  (b)   determine that the responsible body is the approved authority of the school.

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