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| Madam Speaker, I move that the bill be now read a second time. The main purpose of the bill to is to amend the Education Act to bring the Northern Territory’s legislative provisions regarding the registration of non-government schools into line with those applying in other jurisdictions. The bill also seeks to repeal and replace existing provisions in relation to the establishment of advisory councils to provide advice to the minister on matters concerning the administration of the Education Act. The non-government school sector places a key role in the education of Northern Territory children, and the sector’s role is expanding. In August 2000, there were 32 non-government schools with 8708 children enrolled. Since then, new non-government schools have commenced operations and a number of others have been given approval to increase the range of year levels they are allowed to offer. As a result, by 2008, there were 10 063 children enrolled in the Territory’s 36 non-government schools. The current provisions for the registration of non-government schools are contained in Part VII of the Education Act. These provisions have not been substantially amended since the early 1980s. In that time, all other jurisdictions in Australia have reviewed their legislation and increased the legislative requirements for non-government schools in response to community expectations. The Northern Territory provisions concerning the requirement for registration of non-government schools are now, by comparison, out of date and in need of amendment. Part VII of the Education Act currently provides for the registration of new non-government schools; for variations to be made to existing registrations for non-government schools to be inspected; and for applicants to seek review by the minister if they are dissatisfied with how the department has dealt with a registration application. In seeking to register a new non-government school, applicants are currently only required to provide details of the school’s location, the method of management, the education qualification of teachers, the proposed school’s curriculum, the age range of students to be enrolled, details of buildings and facilities, the financial position of the school at the time of application, and the name of the nominated person for the service of notices. The current requirements only cover the most basic requirements in relation to the registration of a school. However, it is now apparent the current provisions are no longer adequate. Various deficiencies in the legislation have emerged. For example, the bill now provides for the clear path to be established in the act to ensure the school has an appropriate governing body with skilled directors of good character, and will operate with sound governance arrangements. The government is also seeking an improved capacity to ensure the assessment of ongoing financial management and viability, and performance management and accountability of non-government schools. Also, new registration requirements in respect of student health, safety, and wellbeing, and procedures to deal with complaints and disputes are now included in the bill. The government provides significant financial and other support to the non-government school sector, and I am sure members would agree there is every need to ensure these resources are well used. Even more importantly, as minister, I have a responsibility to the wider community to see that the Northern Territory provides the best possible standard of educational services, whether government or non-government, for young Territorians. By way of background, I point out the standards of performance, management and achievement required of government schools have steadily increased in recent years. The requirements outlined in the Schools Management Procedures and School’s Policy Documents have been expanded to address many issues in this bill which is seeking to address the provisions applying to non-government schools. My department has already had extensive discussions with representatives of the non-government school sector about the need to amend Part VII of the act, and they are very supportive of the reforms. In fact, the Non-Government School Ministerial Advisory Council, which compromises representatives from each of the non-government school sectors, have been the driving force behind this review of legislation. My department has also extensively reviewed the legislation of other jurisdictions governing the registration and operation of non-government schools, and has sought to include provisions that will bring the Territory’s registration provisions into line with best practice standards. The most important change proposed in the bill is that applicants will be required to address a more up to date set of criteria in applying for registration of a new non-government school. Operators of non-government schools will also have to comply with the new registration requirements established by the bill and the conditions imposed by the CEO following registration. In addition to the existing registration requirements in Part 7, the bill introduces further more robust requirements. These include: consideration of the likely impact of the new school upon existing schools, both government and non-government in the catchment area to help assess the likely ongoing viability of a new school; adequate safeguards for the health, safety and wellbeing of students and staff; student discipline must be based on procedural fairness, and corporal punishment is not allowed; and, the school must have adequate provision for meeting the needs of any of its students with a disability; all school staff must be of good character; schools must have appropriate procedures in place to cope with critical incidents, complaints and resolution of disputes. The information that must be provided regarding the governing body of the school has also been expanded. Some of these topics are of particular note. For example, the bill will require schools to uphold certain values. In line with other jurisdictions that have recently updated their legislation, the NT will require the philosophy and objects of the governing body of a non-government school and the school’s education programs to be consistent with specified basic values. These basic principles will include consistency with the notions of elected governments, equality of all people before the law, and freedom of religion, freedom of speech, and freedom of association. In addition, there should be tolerance of diverse religions, political, social and cultural beliefs and practices, to the extent which they are consistent with civilised values. Respective governing bodies of non-government schools that cannot demonstrate a capacity to abide by these basic principles will not be eligible for registration. This requirement is a recent development and comes in response to increased concerns about the potential for divisive beliefs to be taught in our schools. The Territory is not the first to introduce such a requirement. The ACT and Victorian governments have introduced similar requirements, and it seems likely that other jurisdictions will follow. Western Australia has invented into its curriculum framework a set of core shared values related to respect and concern for the rights of others, and social and civic responsibility. Possibly the most contentious of the new provisions is the requirement for an applicant to address the potential impact of a proposed new school on existing schools in the catchment area. This requirement is not an issue in areas where there is a growing number of school students. However, in more established areas, such as the northern suburbs of Darwin, we have a static, or even falling number of children, and the challenge is how to ensure that these children have access to the best education options available. All not-for-profit schools receive government funding and, as I indicated before, it is in the public interest to ensure this money is used judiciously. Introducing a new school in such circumstances could significantly affect the ability of all schools in the area, including the prospective new school, to provide good educational outcomes and may jeopardise the continuity of education for some students. In assessing the likely impact of the proposed school, the panel may give consideration to changes to the enrolments of existing schools in the catchment area, adverse changes to their curriculum offering, and their future viability. Consideration of these matters will also help verify the expected ongoing financial viability of a new entrant into the non-government school sector. The bill provides for applications to be assessed by a registration assessment panel made up of representatives of the department and other government agencies, and also representatives of the non-government school sector. Division 6 of the act establishes that government financial assistance may be provided to, or withdrawn from, a non-government school. It also allows for the provision of support in other forms, such as the use of government-owned assets or facilities. This provision is intended to make best possible use of government resources by allowing non-government schools to use government facilities, or to receive in kind support from time to time. However, the act specifies that government financial assistance will not be provided to a non-government school that is operated for profit. This has been the policy position of this government for some time and is consistent with the practice in other states. The aim is to prevent the opportunity for government funding, that is, taxpayer dollars, to be used for non-educational purposes, such as by distributing any profits to shareholders or owners of non-government schools. This is not to say that a non-government school should operate at a loss. Prudent financial management is a must in non-government schools, as it is in any school business. To make this matter clear, a non-government school is deemed to be not operated for profit only if profits or surpluses made from the operation of the school are used entirely to advance the school’s philosophy and objects as stated by its governing body. I should also point out at this point, there are currently no schools operating for profit in the Territory. I now turn to some additional requirements the bill has for non-government schools once they are registered. The proposed amendments to part seven will modernise and enhance the requirements and conditions for the operation of non-government schools. In addition to non-government schools complying with the registration requirements, and with conditions imposed by this chief executive, the bill also requires more comprehensive reporting in keeping with the registration requirements. One of the reasons for this is the government focuses on the self-improved processes adopted by non-government schools. The process will involve an annual self-audit, a five yearly external assessment, and a capacity for the department to investigate any suspected breaches of registration requirements and conditions. The bill also strengthens the capacity of the CEO to intervene in situations where a non-government school may not be complying with its registration requirements and conditions. These provisions build on and extend the powers currently available in part seven. The bill strengthens the capacity of the CEO to suspend and de-register a school where the CEO is concerned there is a serious non-compliance with the registration requirements and conditions. I trust these increased powers are never used, but of course appropriate measures do need to be in place so action can be taken quickly if required. Another aspect of the bill I want to comment on is the introduction of a register of non-government schools. The register will be open to the public, and will contain key information about each school, including the name and address of the governing body, the religious affiliation, if any, the years of schooling offered, and the specific conditions placed on the school by the Chief Executive Officer. The introduction of the register will increase the public’s knowledge of the various schools that make up the Northern Territory non-government school sector. For the first time, the public will be given the opportunity to make submissions on new applications. The opportunity has been taken in this bill to enhance the provisions relating to advisory councils which provide advice to the minister on matters concerning the education of young Territorians. The bill proposes the repeal of part three of the act, and its replacement with a new part three setting out new provisions for the establishment of advisory councils, the procedures governing their operations, and the provision of support to those councils. Members who are familiar with education issues will recall the Education Advisory Council. The council made a valued contribution to the general development of education services in the Territory. However, the advisory role played by that council in times past has been filled, in more recent times, by the Northern Territory Board of Studies, the Northern Territory Indigenous Education Council, and the non-government school Ministerial Advisory Council. It is timely to make new provisions for the administration of advisory councils, and the bill contains a clause to achieve this result. Finally, Madam Speaker, there are some consequential amendments proposed in the bill, together with some minor amendments of the kind normally dealt with in statute law revision legislation. These amendments do not affect existing legislative policy. I commend the bill to honourable members and table the explanatory statement to accompany the bill. Debate adjourned. |