Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 4.3.1

Requirements for registration

S. 4.3.1(1) amended by No. 31/2018 s. 65(5).

    (1)     The Authority may register a school under this Division.

    (2)     A school can be registered by the Authority in the name of the school.

    (3)     The following persons or bodies may apply to the Authority for registration of a school

        (a)     in the case of a Government school, the Secretary;

        (b)     in the case of a non-Government school, a person or body who proposes to establish or conduct the school.

    (4)     An application to the Authority must be made in the prescribed manner and contain the prescribed particulars and information and be accompanied by any fee fixed by the Minister.

    (5)     The Authority may require the applicant to provide further information or material in respect of the application that the Authority reasonably requires.

    (6)     The Authority must not register a school unless the Authority is satisfied that—

        (a)     the school policies relating to the discipline of students are based on principles of procedural fairness and do not permit corporal punishment; and

S. 4.3.1(6)(b) amended by No. 3/2008 s. 5(1)(a).

        (b)     the school complies with the minimum standards for registration prescribed by the regulations including standards relating to—

              (i)     student learning outcomes;

              (ii)     enrolment policies and minimum enrolment numbers;

              (iii)     student welfare;

              (iv)     curriculum programs;

              (v)     governance of the school and the probity of any proprietor or person responsible for managing the school;

S. 4.3.1 (6)(b)(vi) amended by No. 3/2008 s. 5(1)(b).

              (vi)     processes for the review and evaluation of school performance; and

S. 4.3.1(6)(c) inserted by No. 3/2008 s. 5(2), amended by No. 7/2015 s. 5(1).

        (c)     if the school has enrolled a student in circumstances where the school knows, or ought reasonably to know, that the student has been diagnosed as being at risk of anaphylaxis, the school has developed an anaphylaxis management policy containing matters required by a Ministerial Order to be included in the policy; and

S. 4.3.1(6)(d) inserted by No. 7/2015 s. 5(2).

        (d)     the school has developed policies, procedures, measures and practices in accordance with a Ministerial Order for managing the risk of child abuse including—

              (i)     the implementation of minimum standards for a child safe environment; and

              (ii)     responding to allegations of child abuse committed against a child enrolled at the school or committed by an employee or a student, contractor or volunteer of the school or other person connected with the school.

S. 4.3.1(6A) inserted by No. 7/2015 s. 5(3).

    (6A)     The Authority may impose reasonable conditions on the registration of the school to take effect for the whole or any part of the period of registration.

S. 4.3.1(6B) inserted by No. 37/2015 s. 14.

    (6B)     It is a condition of registration of a non‑Government school that the school or any person involved in the management or operation of the school comply with any requirements of the Authority for the purposes of the monitoring or assessment of the school's financial capabilities conducted by the Authority in accordance with section 4.3.1A.

Note

The Authority may impose a condition on a non‑Government school under section 4.3.1A(3) to put in place a protection scheme for school fees if the school is assessed by the Authority as being financially unviable or at risk of becoming financially unviable.

    (7)     It is a condition of registration of a school that the school or any person involved in the management or operation of the school participates in the review and evaluation process under this Division, unless section 4.3.2(c) applies.

S. 4.3.1(8) inserted by No. 3/2008 s. 5(3), amended by No. 7/2015 s. 5(4).

    (8)     In this Act the prescribed minimum standards for registration of schools are the matters required by subsection (6)(a) to (d).

S. 4.3.1A inserted by No. 37/2015 s. 15.



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