Queensland: Education (Accreditation of Non-State Schools) Act 2017 (Qld)

Education (Accreditation of Non-State Schools) Act 2017 An Act to provide for the accreditation of non-State schools, and deciding the eligibility of non-State schools' governing bodies for government funding for the schools Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Education (Accreditation of Non-State Schools) Act 2017. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Objects 3 Objects of Act (1) The objects of this Act are— (a) to uphold the standards of education at non-State schools; and (b) to maintain public confidence in the operation of non-State schools; and (c) to foster educational choices in the State. (2) The objects are to be achieved mainly by— (a) establishing the Non-State Schools Accreditation Board; and (b) establishing an accreditation regime for the accreditation of non-State schools; and (c) establishing a process for deciding the eligibility of a non-State school's governing body for government funding for the non-State school. Part 3 Interpretation 4 Dictionary The dictionary in schedule 1 defines particular words used in this Act. 5 Meaning of school A school means a non-State school. 6 Meaning of non-State school (1) A non-State school means a school (in the ordinary meaning of the word) established to provide the following types of education— (a) primary education; (b) secondary education; (c) special education. (2) However, a non-State school does not include the following— (a) a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4; (b) for a child registered or provisionally registered for home education under the Education (General Provisions) Act 2006—the child's usual place of residence; (c) a place where a child undertaking primary, secondary or special education receives tutorial help relating to the education; (d) TAFE Queensland under the TAFE Queensland Act 2013; (e) a place used only to provide education and care or regulated education and care; (f) a place used only to offer a curriculum that is, or is a variation of, the whole or part of the primary or secondary curriculum of a foreign country. (3) In this section— education and care means education and care provided by an approved education and care service under the Education and Care Services National Law (Queensland). regulated education and care means regulated education and care within the meaning of the Education and Care Services Act 2013, but does not include education and care provided in the course of providing primary education, secondary education or special education. 7 Meaning of operated for profit For this Act, a school is operated for profit if any profits made from the school's operation are used for any purpose other than a purpose for advancing the school's philosophy and aims, as stated in the school's statement of philosophy and aims. 8 Meaning of prohibited arrangement (1) A prohibited arrangement is a contract or arrangement in relation to a school— (a) entered into by a school's governing body or proposed governing body and another entity not dealing with each other at arm's length; and (b) that is not, or will not be, for the benefit of the school. (2) For subsection (1)(b), a contract or arrangement is not, or will not be, for the benefit of the school if the contract or arrangement is for property, goods or services— (a) at more than reasonable market value; or (b) that is not required to advance the school's philosophy and aims, as stated in the school's statement of philosophy and aims. (3) Subsection (2) does not limit subsection (1)(b). 9 Meaning of director A director, of a school's governing body, is— (a) if the governing body is a company under the Corporations Act—a person appointed as a director of the governing body; or (b) if the governing body is a RECI Act corporation— (i) a declared director of the governing body; and (ii) if all declared directors of the governing body, for the time being, nominate a person as a director of the governing body—the person; or Note— The governing body must give the board a notice under section 169(4) within 28 days after a nomination. (c) otherwise—a person who is, or is a member of, the executive or management entity, by whatever name called, of the governing body. 10 Meaning of meets the government funding eligibility criteria A governing body of a school meets the government funding eligibility criteria if— (a) the governing body is not an ineligible company; and (b) the school operated by the governing body will not, on or after its accreditation, be operated for profit; and (c) the governing body is not a party to, and does not intend to enter into, a prohibited arrangement in relation to the operation of the school; and (d) there is no direct or indirect connection between the governing body and another entity, and there will not on or after the school's accreditation be a direct or indirect connection between the governing body and another entity, that could reasonably be expected to compromise the independence of the governing body when making financial decisions. Chapter 2 Accreditation of schools Part 1 Accreditation criteria 11 Prescribing accreditation criteria A regulation may prescribe criteria (the accreditation criteria), relevant to a school's accreditation, about the following— (a) the school's administration and governance arrangements; (b) the school's financial viability; (c) the school's educational program; (d) the school's student welfare processes; (e) the school's resources; (f) the school's improvement processes. Part 2 Accreditations Division 1 Preliminary 12 Type of education (1) A school may only be accredited to provide the following types of education— (a) primary education; (b) secondary education; (c) special education. (2) A school may provide education in the preparatory year only if the school is accredited to provide primary education for at least years 1 to 3. (3) To remove any doubt, it is declared that a school that is accredited to provide primary education or secondary education is not also required to be accredited to provide special education for the education of persons with a disability. 13 Mode of delivery of education A school may only be accredited to use the following modes of delivery of education— (a) classroom education; (b) distance education. 14 Special assistance (1) This section applies to a school that is accredited to provide primary or secondary education. (2) The school may be accredited to provide special assistance. (3) The provision of special assistance is the provision of a type of education mentioned in subsection (1)— (a) to relevant students; and (b) without tuition fees. (4) In this section— compulsory participation phase see the Education (General Provisions) Act 2006, section 231. compulsory school age see the Education (General Provisions) Act 2006, section 9. eligible option see the Education (General Provisions) Act 2006, section 232. full-time, in relation to participation in an eligible option, see the Education (General Provisions) Act 2006, schedule 4. relevant students means students who— (a) would not otherwise be— (i) enrolled at and attending school while of compulsory school age; or (ii) participating in an eligible option full-time, or in paid employment for at least 25 hours each week, during the compulsory participation phase; and (b) are not provisionally registered, or registered, for home education under the Education (General Provisions) Act 2006, chapter 9, part 5. school, for the purposes of the definition relevant students, includes a State school. 15 When school must commence operations A school accredited to offer a type of education under this part must commence operations on the student-intake day for the type of education. Note— For how a school's governing body may apply to change the student-intake day for the type of education, see part 3, division 1. 16 Duration of accreditation Accreditation of a school has effect until it is cancelled or surrendered under this Act. 17 Governing body must be a corporation The governing body of an accredited school must always be a corporation. Note— If the governing body of an accredited school ceases to be a corporation, that is a ground for cancellation of accreditation—see section 66. Division 2 Applications for accreditation Subdivision 1 Applications 18 Governing body of school may apply for accreditation (1) A school's proposed governing body may apply for accreditation of the school. (2) To be eligible to apply, the proposed governing body must be a corporation. 19 Procedural requirements for application (1) An application for the accreditation of a school must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by— (i) the fee prescribed by regulation; and (ii) copies of the working with children cards for all the directors of the school's governing body. (2) The approved form must require the inclusion of— (a) the types of education proposed to be provided by the school; and (b) the student-intake day for each type of education proposed to be provided by the school; and (c) if, on the student-intake day for a type of education, the school will be an establishment phase school for a year of schooling for the type of education proposed to be provided by the school—the student-intake day for the year of schooling. Example— An applicant applies to have a school accredited to provide primary education from 1 January 2018. The school proposes to offer the preparatory year and years 1 to 3 from 1 January 2018, year 4 from 1 January 2019, year 5 from 1 January 2020 and year 6 from 1 January 2021. The applicant must provide the school's student-intake day for primary education (1 January 2018), and the school's student intake days for year 4 (1 January 2019), year 5 (1 January 2020) and year 6 (1 January 2021). (3) The student-intake day for a type of education must be within 4 years after the day the application is made. (4) Also, the approved form must require the inclusion of details of each of the following attributes for each type of education proposed to be provided by the school that the school must have if the board decides to grant the application— (a) the school's proposed governing body; (b) the location of the sites at which the school is to operate, other than sporting fields or camping grounds used by the school; (c) for each site at which the school is to operate— (i) the mode of delivery of education to be used at the site; and (ii) the years of schooling the school is to offer at the site; and (iii) whether the site is a coeducational or single-sex site; (d) if the school is to include boarding facilities— (i) the sites at which the boarding facilities are to be provided; and (ii) the years of schooling for which boarding will be offered; and (iii) whether the boarding facilities to be offered are to be coeducational or single-sex facilities; (e) if the school is to provide special assistance—the sites at which special assistance is to be provided. Note— A special assistance school may temporarily provide special assistance at other sites—see part 4. (5) A site must not be an attribute for subsection (4)(e) if the school is to provide education other than special assistance at the site. (6) In addition, the approved form must require the inclusion of an indication about whether or not the applicant seeks to be eligible for government funding for the school. 20 Board must notify entities of, and publish, application details The board must, within 28 days after receiving an application for the accreditation of a school— (a) give ISQ, QCEC and the chief executive a notice stating the following information— (i) that the proposed governing body for the school has applied for accreditation of the school; and (ii) details of the proposed attributes of accreditation for the school; and (b) publish the information mentioned in paragraph (a) on the board's website. Subdivision 2 Deciding applications 21 Deciding application (1) The board must consider the application and decide, in relation to each type of education proposed to be provided by the school, whether— (a) the applicant is suitable to be the school's governing body; and Note— See section 26 for suitability of governing body. (b) the school will comply with the accreditation criteria from the school's student-intake day for the type of education. (2) If, in relation to a type of education, the board is satisfied about the matters mentioned in subsection (1), the board must decide to accredit the school to provide the type of education with the following attributes for the school— (a) the attributes of accreditation stated in the application; (b) any other attribute agreed to by the applicant and board. (3) If, in relation to a type of education, the board is not satisfied about a matter mentioned in subsection (1), the board must decide to refuse to accredit the school for the type of education. 22 Further information or documents (1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated period of at least 30 days, further information or a document the board reasonably requires to decide the application. (2) The notice may require the information or document to be verified by a statutory declaration. (3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. 23 Failure to decide application (1) If the board fails to decide an application within 6 months after receiving the application— (a) the failure is taken to be a decision of the board to refuse to accredit the school; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. (2) This section is subject to section 24. 24 Extension of time to decide application (1) This section applies if the board considers it needs more time to decide an application. (2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day) by which the decision is to be made. (3) If the board fails to make the decision by the agreed day— (a) the failure is taken to be a decision of the board to refuse to accredit the school; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. 25 Steps to be taken after application decided (1) If the board decides to accredit the school, the board must, as soon as practicable— (a) give the applicant and the Minister notice of the decision; and (b) publish notice of the decision on the board's website. (2) If the board decides to refuse to accredit the school, the board must as soon as practicable give the applicant an information notice about the decision. Subdivision 3 Suitability of school's governing body 26 Suitability of governing body (1) This section applies if the board is deciding— (a) whether the proposed governing body of a school is suitable to be the school's governing body; or (b) whether the governing body of an accredited school is suitable to continue to be the school's governing body. (2) In making its decision, the board may have regard to the following matters— (a) the governing body's relationship with other entities; (b) whether the governing body has appropriate guiding principles and procedures for identifying, declaring and dealing with any conflict of interest a director of the governing body may have in relation to an aspect of the operation of the school; (c) the conduct of the governing body, or its directors, in relation to the operation of the school; (d) if the governing body has a conviction for an offence—the nature of, and circumstances of the commission of, the offence; (e) if any of the governing body's directors has a conviction, other than a spent conviction, for an indictable offence—the nature of, and circumstances of the commission of, the offence; (f) a criminal history report about the governing body or a director of the governing body obtained under section 28; (g) a report of an authorised person obtained under section 29(1); (h) any other matter the board considers relevant. (3) The governing body of a school is not suitable to be, or to continue to be, a school's governing body unless each director of the governing body has a working with children authority. (4) In this section— conviction, for an indictable offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded. indictable offence includes an indictable offence dealt with summarily. 27 Investigation To help in deciding whether an entity is, or continues to be, suitable to be a school's governing body, the board may investigate the following— (a) a school's proposed governing body that is the applicant for the accreditation of the school; (b) the governing body of an accredited school; (c) the proposed governing body of an accredited school. 28 Criminal history reports for investigation (1) In investigating the governing body or proposed governing body of a school under section 27, the board may ask the commissioner of the police service for— (a) a written report about the criminal history of the governing body or a director of the governing body; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. (2) The commissioner of the police service must comply with the request. (3) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner's possession or to which the commissioner has access. (4) The board must ensure the report and any other document or information given to the board by the commissioner of the police service is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 29 Report by authorised person (1) Before making a decision mentioned in section 26(1), the board may obtain a written report from an authorised person about whether a governing body or proposed governing body of a school is suitable to be the governing body of the school. (2) To prepare the report, the authorised person may exercise the authorised person's powers under chapter 4, part 2. Division 3 Assessment of schools 30 Initial assessment of school (1) The board must, on or after the assessment day for each type of education an accredited school is accredited to provide, start an assessment of the school to decide whether— (a) the school is complying with the school's accreditation criteria; and (b) the governing body of the school is suitable to continue to be the governing body of the school. (2) In this section— assessment day, for a type of education an accredited school is accredited to provide, means— (a) the day, of which the board has given notice to the school's governing body, that is— (i) at least 60 days after the student-intake day for the type of education; and (ii) within 6 months after the student-intake day for the type of education; or (b) another day agreed to by the board and the school's governing body. 31 Additional assessment of establishment phase school (1) This section applies to a school that— (a) was an establishment phase school for a year of schooling; and (b) has started to provide education for the year of schooling on the student-intake day for the year of schooling. (2) The board must, on or after the assessment day, start an assessment of the school to decide whether the school is complying with the school's accreditation criteria. (3) In this section— assessment day means— (a) the day, of which the board has given notice to the school's governing body, that is— (i) at least 60 days after the student-intake day for the year of schooling; and (ii) within 6 months after the latest student-intake day for the years of schooling for the sector of schooling within which the school has started to operate; or (b) another day agreed to by the board and the school's governing body. sector of schooling means any of the following groups of years of schooling— (a) preparatory year to year 3; (b) years 4 to 6; (c) years 7 to 10; (d) years 11 and 12. 32 Assessment when school starts to operate at new site (1) This section applies to a school that has started to operate at a site (a new site) at which the school has not previously operated. (2) The board must, on or after the assessment day, start an assessment of the school, in relation to the provision of education at the new site, to decide whether the school is complying with the accreditation criteria. (3) In this section— assessment day means— (a) the day, of which the board has given notice to the governing body, that is— (i) at least 60 days after the day the school starts to operate at the new site; and (ii) within 6 months after the day the school starts to operate at the new site; or (b) another day agreed to by the board and the school's governing body. 33 Report by authorised person (1) To assess a school under this division, the board must obtain a written report from an authorised person about whether the school is complying with the accreditation criteria. (2) If the report is for an assessment under section 30, the report may also be about whether the governing body is suitable to continue to be the school's governing body. (3) To prepare the report, the authorised person may exercise the authorised person's powers under chapter 4, part 2. Part 3 Changes to accreditation Division 1 Changes to student-intake days 34 Definition for division In this division— relevant student-intake day, for a school, means the student-intake day for a type of education or a year of schooling provided at the school. 35 Application to change relevant student-intake day (1) The board may, on application by the governing body of an accredited school, change a relevant student-intake day for the school. (2) Subsection (1) applies even if the relevant student-intake day has already been changed under this section. (3) Despite section 19(3), the governing body may apply to change the student-intake day for a type of education for the school to a day that is more than 4 years after the day the application for accreditation of the school was made to the board. (4) The application must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by the fee prescribed by regulation; and (d) be made at least 45 days before the relevant student-intake day (the 45 day period). (5) However, the board may consider an application to change a relevant student-intake day made within the 45 day period if the board is satisfied unforeseen circumstances arose within the period that prevented the school from providing a type of education or a year of schooling by the relevant student-intake day. 36 Deciding application (1) The board must consider the application and decide— (a) to change the relevant student-intake day to the day sought in the application; or (b) not to change the relevant student-intake day. (2) The board may only decide to change the relevant student-intake day if the board is satisfied that, because of unforeseen circumstances, the school will not comply with the accreditation criteria by the relevant student-intake day. (3) If the board decides to change the relevant student-intake day, the board must as soon as practicable give the school's governing body notice of the decision. (4) If the board decides not to change the relevant student-intake day, the board must as soon as practicable give the school's governing body an information notice about the decision. (5) A decision not to change the relevant student-intake day does not take effect until— (a) the last day to apply for a review of the decision; or (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of. 37 Further information or documents (1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application. (2) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. (3) In giving the notice, the board must have regard to the time remaining for the board to decide the application. 38 Failure to decide application (1) This section applies if the board fails to decide the application by the relevant student-intake day to which the application relates. (2) The failure is taken to be a decision of the board to refuse the application. (3) The board must, as soon as practicable, give the applicant an information notice about the decision. Division 2 Changes to attributes of accreditation Subdivision 1 Applications to change attributes of accreditation 39 Application to change attribute of accreditation (1) An accredited school's governing body may apply to the board to change an attribute of accreditation of the school. (2) The application must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by the fee prescribed by regulation. (3) If the change will result in the school being allowed to provide education for a new year of schooling, the application must include the student-intake day for the year of schooling. (4) If the application is about a change in the school's governing body, the application must be accompanied by copies of the working with children cards for all the directors of the proposed governing body. (5) The board must, within 28 days after receiving the application, give ISQ, QCEC and the chief executive a notice— (a) stating the board has received the application; and (b) summarising the proposed change to the school's attribute of accreditation. 40 Deciding application (1) The board must consider the application and decide to grant, or to refuse to grant, the application. (2) If the application is about a change in the school's governing body, the board may decide to grant the application only if the board is satisfied— (a) the proposed new governing body is a corporation; and (b) the proposed new governing body is suitable to be the school's governing body; and Note— See section 26 for suitability of governing body. (c) if the school's governing body is eligible for government funding for the school and the proposed new governing body intends to be eligible for government funding for the school—the proposed new governing body will meet the government funding eligibility criteria when the change has effect. (3) For deciding whether the proposed new governing body is suitable to be the governing body of the school, part 2, division 2, subdivision 3 applies as if the application were an application for accreditation. (4) If the application is about a change in an attribute of accreditation other than a change in the school's governing body, the board may decide to grant the application only if the board is satisfied the school will comply with the accreditation criteria when the change has effect. (5) If the board decides to grant the application, the board must as soon as practicable give the applicant a notice (a change notice) stating— (a) the decision; and (b) the day (the change day) before which the change must have effect. (6) If the board decides to refuse to grant the application, the board must as soon as practicable give the applicant an information notice about the decision. 41 Further information or documents (1) The board may, by notice given to the applicant, require the applicant to give the board, within a stated reasonable period of at least 30 days, further information or a document the board reasonably requires to decide the application. (2) The notice may require the information or document to be verified by a statutory declaration. (3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. (4) In giving the notice, the board must have regard to the time remaining for the board to decide the application. 42 Failure to decide application (1) If the board fails to decide the application within 6 months after receiving the application— (a) the failure is taken to be a decision of the board to refuse to grant the application; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. (2) This section is subject to section 43. 43 Extension of time to decide application (1) This section applies if the board considers it needs more time to decide the application. (2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day) by which the decision is to be made. (3) If the board fails to make the decision by the agreed day— (a) the failure is taken to be a decision of the board to refuse to grant the application; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. 44 Failure to effect change of attribute of accreditation before change day (1) This section applies if— (a) an accredited school's governing body receives a change notice about an attribute of accreditation applying to the school; and (b) the change is not given effect before the change day stated in the notice. (2) The change notice is of no effect and the board is not authorised to make the change to the attribute of accreditation for the school to which the notice relates. 45 Proposed governing body taken to have applied to be eligible for government funding (1) This section applies if— (a) the school's governing body is eligible for government funding for the school; and (b) the application is about a change in the school's governing body; and (c) the proposed new governing body intends to be eligible for government funding for the school. (2) The proposed new governing body of the school is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application about the change in the school's governing body. (3) If the proposed new governing body is taken to have made an application to be eligible government funding under subsection (2), the board must decide the application under chapter 3, part 2. Subdivision 2 Notice of attribute of accreditation no longer applying 46 Notice of attribute of accreditation no longer applying (1) A school's governing body may, by notice given to the board, advise the board that an attribute of accreditation of the school no longer applies to the school. (2) The attribute of accreditation stops applying to the school on the day stated in the notice. (3) The board must, as soon as practicable after the attribute of accreditation stops applying to the school— (a) amend the register to remove the attribute from the attributes of accreditation applying to the school; and (b) give the governing body of the school notice that the attribute of accreditation no longer applies to the school. Part 4 Special assistance schools—use of temporary sites 47 Purpose of part (1) The purpose of this part is to enable a special assistance school to provide, on a temporary basis, special assistance at a temporary site. (2) However, special assistance may be provided at a temporary site only in accordance with the attributes of accreditation mentioned in section 19(4)(c) for the school's accredited special assistance sites. 48 Definitions for part In this part— accredited special assistance site, for a special assistance school, means a site mentioned in section 19(4)(e) at which the school provides special assistance. public place means a place, or part of a place— (a) the public is entitled to use, whether or not on payment of money; or (b) the occupier of which allows, whether or not on payment of money, members of the public to enter, other than— (i) a school; or (ii) a State educational institution within the meaning of the Education (General Provisions) Act 2006, schedule 4. site does not include— (a) a vehicle; or (b) a public place; or (c) a place where a person resides. temporary site, in relation to a special assistance school, means a site other than an accredited special assistance site for the school. temporary site criteria see section 49(1). vehicle means— (a) a motor vehicle, train or aircraft; or (b) a ship, boat or any other kind of vessel; or (c) anything else used or to be used to carry people or goods from place to place. 49 Compliance with temporary site criteria (1) A special assistance school that provides special assistance at a temporary site must comply with the criteria prescribed by regulation for temporary sites (the temporary site criteria). Note— Noncompliance with the temporary site criteria is a ground for cancellation of accreditation—see section 66. (2) Without limiting subsection (1), a regulation may limit the period for which a special assistance school may provide special assistance at a temporary site. 50 Notification of intention to use, or stop using, temporary site (1) Before the governing body of a special assistance school starts providing special assistance at a temporary site for the first time, the governing body must give the board— (a) notice, in the approved form, of the governing body's intention to start providing special assistance at the temporary site; and (b) evidence the school is entitled to occupy the site; and (c) a declaration by the governing body that— (i) the school needs to provide special assistance at the site for stated reasons; and (ii) the school will comply with the temporary site criteria while special assistance is provided at the site. (2) If the governing body stops providing special assistance at a temporary site, the governing body must give the board notice, in the approved form, that the body has stopped providing special assistance at the temporary site. (3) The board must give the governing body a notice acknowledging receipt of the things mentioned in subsection (1)(a) to (c) or (2). 51 Use of temporary site is not a change in attribute etc. (1) This section applies if a special assistance school— (a) provides special assistance at a temporary site; and (b) complies with this part, including the temporary site criteria, in relation to providing special assistance at the site. (2) The provision of the special assistance at the temporary site by the school does not, of itself— (a) require the governing body to apply for accreditation of the school in relation to the temporary site; or (b) constitute a change in an attribute of accreditation of the school. 52 Assessment of special assistance school using temporary site (1) This section applies to a special assistance school that is providing special assistance at a temporary site. (2) The board may assess the special assistance school to decide whether it is complying with the temporary site criteria. 53 Report by authorised person (1) To assess the special assistance school under section 52, the board must obtain a written report from an authorised person about whether the school is complying with the temporary site criteria. (2) To prepare the report, the authorised person may exercise the authorised person's powers under chapter 4, part 2. Part 5 Amalgamations and divisions of accredited schools Division 1 Application of part 54 Part does not apply for particular schools This part does not apply in relation to a school if the governing body of the school— (a) has been given a compliance notice under section 62(3) or 87(2) in relation to the school and the compliance notice has not been finally dealt with; or (b) has been given a show cause notice under section 67(2) or 90(2) in relation to the school and the notice has not been finally dealt with; or (c) has been given an information notice about a decision made by the board in relation to the school and— (i) the governing body of the school has applied for a review of the decision and the review has not been finally dealt with; or (ii) the period within which the governing body may apply for a review of the decision has not ended. Division 2 Amalgamation of accredited schools 55 Application of division This division applies if— (a) the governing bodies of 2 or more accredited schools (each an amalgamating school) propose to amalgamate the schools into 1 school (the amalgamated school); and (b) the governing body of 1 of the amalgamating schools will be the governing body of the amalgamated school; and (c) the sites from which the amalgamated school will operate are sites from which the amalgamating schools operate. 56 Notice of intention to amalgamate schools (1) The governing bodies of the amalgamating schools may give the board notice (an amalgamation notice), in the approved form, of the intention to amalgamate the schools. (2) The approved form must require the inclusion of the following— (a) the proposed name for the amalgamated school; (b) the proposed day on which the amalgamating schools are to be amalgamated; (c) the proposed type of education the amalgamated school will provide; (d) the proposed attributes of accreditation of the amalgamated school. 57 Decision about amalgamation of school (1) If the board is satisfied the proposed attributes of accreditation for each site at which the amalgamated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site— (a) the governing bodies of the amalgamating schools are taken to have surrendered the accreditations of the schools under section 73(1); and (b) the proposed governing body of the amalgamated school is taken to have made an application for accreditation of the amalgamated school under section 18; and (c) the board is taken to have decided to accredit the amalgamated school under section 21. (2) If subsection (1)(c) applies, the board must— (a) remove the amalgamating schools from the register and record the date of the removal; and (b) record the following details about the amalgamated school on the register— (i) the name of the school; (ii) the type of education the school provides; (iii) the attributes of accreditation of the school; and (c) record the date the details for the school were entered on the register; and (d) give the governing body of each amalgamating school notice of— (i) the decision to accredit the amalgamated school; and (ii) the surrender of the accreditation of the amalgamating schools; and (iii) the removal of the amalgamating schools from the register. (3) If the board decides it is not satisfied the proposed attributes of accreditation for each site at which the amalgamated school will operate are the same as the attributes of accreditation for the site under the accreditation for the amalgamating school operating at the site, the board must give the governing body of each amalgamating school an information notice about the decision. (4) Subsection (3) does not prevent a governing body from— (a) applying to accredit an amalgamated school under part 2, division 2; or (b) surrendering the accreditation of an amalgamating school under part 6, division 3. Division 3 Division of accredited schools 58 Application of division This division applies if— (a) the governing body of an accredited school (a dividing school) proposes to divide the school into 2 or more accredited schools (each a separated school); and (b) the governing body of the dividing school will be the governing body of each of the separated schools. 59 Notice of intention to divide accredited school (1) The governing body may give the board notice (a division notice), in the approved form, of the intention to divide the school. (2) The approved form must require the inclusion of the following— (a) the proposed governing body for each separated school; (b) the proposed name for each separated school; (c) the proposed date on which the dividing school is to be divided; (d) the proposed type of education each separated school will provide; (e) the proposed attributes of accreditation of each separated school. 60 Decision about division of accredited school (1) If the board is satisfied the proposed attributes of accreditation for each site at which a separated school is to operate are the same as the attributes of accreditation for the site under the accreditation for the dividing school— (a) the governing body is taken to have— (i) surrendered the accreditation of the dividing school under section 73(1); and (ii) made an application for accreditation of each separated school under section 18; and (b) the board is taken to have decided to accredit each separated school under section 21. (2) If subsection (1)(b) applies, the board must— (a) remove the details for the dividing school from the register and record the date of the removal; and (b) record the following details, stated in the division notice, for each separated school on the register— (i) the name of the school; (ii) the type of education the school provides; (iii) the attributes of accreditation of the school; and (c) record the date the details for the school were entered on the register; and (d) give the governing body of the dividing school notice of— (i) the decision to accredit each separated school; and (ii) the surrender of the accreditation of the dividing school; and (iii) the removal of the dividing school from the register. (3) If the board decides it is not satisfied the proposed attributes of accreditation for each separated school are the same as the attributes of accreditation for the dividing school, the board must give the governing body of the dividing school an information notice about the decision. (4) Subsection (3) does not prevent a governing body from— (a) applying to accredit a separated school under part 2, division 2; or (b) surrendering the accreditation of a dividing school under part 6, division 3. Division 4 Deemed eligibility for government funding 61 Deemed eligibility for government funding (1) This section applies to the governing body of— (a) an amalgamated school the board is taken to have decided to accredit under section 57(1)(c) if the governing bodies of the amalgamating schools were, immediately before the amalgamation, eligible for government funding; or (b) a separated school the board is taken to have decided to accredit under section 60(1)(b) if the governing body of the dividing school was, immediately before the division, eligible for government funding. (2) The governing body is taken to be eligible for government funding for the school. Part 6 Amendment, cancellation and surrender of accreditations Division 1 Giving compliance notices 62 Compliance notice (1) This section applies if— (a) the board reasonably believes— (i) an accredited school— (A) is not complying with an accreditation criterion; or (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and (ii) a matter relating to the noncompliance is reasonably capable of being rectified; and (iii) it is appropriate to give the school's governing body an opportunity to rectify the matter; and (b) the board has not given a show cause notice about the matter to the governing body. (2) This section also applies if— (a) the board reasonably believes— (i) the governing body of an accredited school is not, or is no longer, suitable to be the school's governing body; and Note— See section 26 for suitability of governing body. (ii) a matter relating to the governing body's suitability is reasonably capable of being rectified; and (iii) it is appropriate to give the school's governing body an opportunity to rectify the matter; and (b) the board has not given a show cause notice about the matter to the governing body. (3) The board may give the governing body a notice (a compliance notice) requiring the governing body to rectify the matter. (4) The compliance notice must state all of the following— (a) for a compliance notice about a matter mentioned in subsection (1)(a)(i)— (i) that the board believes the school— (A) is not complying with an accreditation criterion; or (B) has not complied with an accreditation criterion in circumstances that make it likely the noncompliance will continue or be repeated; and (ii) the accreditation criterion the board believes is not being, or has not been, complied with; and (iii) briefly, how the board believes the accreditation criterion is not being, or has not been, complied with; (b) for a compliance notice about a matter relating to a governing body's suitability— (i) that the board believes the governing body of the accredited school is not, or is no longer, suitable to be the school's governing body; and (ii) briefly, the reasons for the board's belief; (c) the matter relating to the noncompliance or suitability the board believes is reasonably capable of being rectified; (d) the reasonable steps the governing body must take to rectify the matter; (e) that the governing body must take the steps within a stated reasonable period. (5) The governing body must comply with the compliance notice, unless the governing body has a reasonable excuse. 63 Report by authorised person (1) The board may obtain a written report from an authorised person to help the board decide— (a) whether to give a school's governing body a compliance notice under this division; or (b) whether a school's governing body has complied with a compliance notice given to the governing body under this division. (2) To prepare the report, the authorised person may exercise the authorised person's powers under chapter 4, part 2. Division 2 Amendment and cancellation of accreditations 64 Definition for division In this division— relevant attribute of accreditation, for a school, means— (a) a student-intake day for a year of schooling for the school; or (b) an attribute of accreditation of the school that relates to the following— (i) the location of the sites at which the school operates; (ii) the provision of boarding facilities at a site at which the school operates; (iii) the years of schooling provided by the school at a site at which the school operates; (iv) the mode of delivery of education used by the school at a site at which the school operates. 65 Grounds for amendment Each of the following is a ground for amending a school's accreditation by removing or amending a relevant attribute of accreditation for the school— (a) for an attribute relating to a type of education provided by the school—after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the attribute; (b) there has been a change, without the board's approval under part 3, in the relevant attribute of accreditation; (c) for a school that is an establishment phase school for a year of schooling—the school does not start to provide education for the year of schooling by the day that is 6 months after the student-intake day for the year of schooling. 66 Grounds for cancellation (1) Each of the following is a ground for cancelling a school's accreditation for a type of education— (a) the school was accredited because of a materially false or misleading representation or declaration; (b) the school's governing body is not a corporation; (c) the school's governing body is not, or is no longer, suitable to be the school's governing body; Note— See section 26 for suitability of governing body. (d) after the student-intake day for the type of education, the school is not complying, or has not complied, with the accreditation criteria relating to the type of education; (e) there has been a change, without the board's approval under part 3, in an attribute of accreditation for the school; (f) the school's governing body has not complied with section 170(2); (g) the board is not satisfied the information or documents given by the school's governing body to the board under section 170 are adequate in helping the board to decide whether the school is complying with the accreditation criteria; (h) the school has not provided the type of education for at least 6 consecutive months; (i) if the school is a special assistance school— (i) the school's governing body has not complied with section 50(1) or (2); or (ii) the declaration given by the school's governing body under 50(1)(c) included a materially false or misleading representation; or (iii) the school is not complying, or has not complied, with the temporary site criteria; (j) the school's governing body did not allow an authorised person to enter the school's premises under section 137. (2) Also, it is a ground for cancelling a school's accreditation to provide primary education if the school provides education in the preparatory year without providing primary education for years 1 to 3. 67 Show cause notice (1) This section applies if— (a) the board reasonably believes a ground exists to— (i) amend a school's accreditation by removing or amending a relevant attribute of accreditation; or (ii) cancel a school's accreditation for a type of education; and (b) the board— (i) has not given, and does not propose to give, the school's governing body a compliance notice to rectify a matter to which the ground relates; or (ii) has given the school's governing body a compliance notice to rectify a matter to which the ground relates and the governing body— (A) has not complied with the compliance notice within the period stated in the notice; and (B) does not have a reasonable excuse for not complying. (2) The board must give the governing body a notice (a show cause notice) stating the following— (a) the action (the proposed action) the board proposes taking under this division; (b) the grounds for the proposed action; (c) an outline of the facts and circumstances forming the basis for the grounds; (d) an invitation to the governing body to make a written representation to the board within a stated period of at least 30 days after the show cause notice is given to show why the proposed action should not be taken. (3) The governing body may make a written representation about the show cause notice to the board in the period mentioned in subsection (2)(d) (an accepted representation). 68 Considering representations about show cause notice Before taking the proposed action stated in the show cause notice, the board must consider all accepted representations for the notice. 69 Ending show cause process without further action If, after considering the accepted representations for the show cause notice, the board no longer believes a ground exists to amend or cancel the accreditation, the board— (a) must not take further action about the show cause notice; and (b) must, as soon as practicable, give notice to the school's governing body that no further action is to be taken about the show cause notice. 70 Amendment (1) This section applies if, after considering the accepted representations for a show cause notice about the proposed amendment of a school's accreditation, the board— (a) still believes a ground exists to amend the school's accreditation by removing or amending a relevant attribute of accreditation; and (b) believes amendment of the school's accreditation by removing or amending the relevant attribute of accreditation is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to amend the school's accreditation by removing or amending the relevant attribute of accreditation. (4) The board must, as soon as practicable, give an information notice about the decision to the school's governing body. (5) The decision does not take effect until— (a) the last day to apply for a review of the decision; or (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of. 71 Cancellation (1) This section applies if, after considering the accepted representations for a show cause notice about the proposed cancellation of a school's accreditation for a type of education, the board— (a) still believes a ground exists to cancel the accreditation; and (b) believes cancellation of the accreditation is warranted. (2) This section also applies if there are no accepted representations for the show cause notice. (3) The board may decide to cancel the accreditation. (4) The board must, as soon as practicable, give an information notice about the decision to the school's governing body. (5) The decision does not take effect until— (a) the last day to apply for a review of the decision; or (b) if an application is made for a review of the decision—the day the application is decided or otherwise disposed of. 72 Report by authorised person (1) The board may obtain a written report from an authorised person to help the board decide— (a) whether to give a show cause notice under this division; or (b) whether to end the show cause process under section 69; or (c) whether to amend or cancel a school's accreditation under section 70 or 71. (2) To prepare the report, the authorised person may exercise the authorised person's powers under chapter 4, part 2. Division 3 Surrender of accreditations 73 Surrender (1) A school's governing body may, by notice given to the board, surrender an accreditation of the school. (2) The surrender takes effect on the day stated in the notice. (3) Subsection (4) applies if— (a) a governing body surrenders an accreditation for a school; and (b) immediately before the surrender, the governing body was eligible for government funding for the school for which the accreditation is surrendered; and (c) after the surrender, the school is not accredited to provide any type of education. (4) The governing body is not eligible for government funding for the school from the day the surrender takes effect. Part 7 Offences 74 Operating a school without accreditation A person must not operate a school unless the school is an accredited school. Maximum penalty—100 penalty units. 75 Operating an accredited school before its student-intake day The governing body of an accredited school must not provide a type of education at the school before the student-intake day for the type of education. Maximum penalty—100 penalty units. 76 Claim about accreditation of school A person must not hold out a school as being an accredited school if it is not an accredited school. Maximum penalty—100 penalty units. Chapter 3 Eligibility for government funding Part 1 Preliminary 77 Eligibility for government funding A governing body of a school is eligible for government funding for the school if the board is satisfied the governing body meets the government funding eligibility criteria. Part 2 Applications for eligibility for government funding 78 Governing body of school may apply for eligibility for government funding (1) The governing body of an accredited school may apply to be eligible for government funding for the school. (2) The application must— (a) be made to the board; and (b) be in the approved form; and (c) be accompanied by the fee prescribed by regulation. 79 Deemed applications for eligibility for government funding (1) This section applies if— (a) the governing body of a school applies for accreditation of the school; and (b) the governing body indicates in the application that the governing body seeks to be eligible for government funding for the school. (2) The governing body is taken to have made an application to be eligible for government funding for the school under section 78 on the day the board received the application for accreditation of the school. (3) The application to be eligible for government funding for the school is taken to have been withdrawn if the board— (a) decides to refuse to accredit the school under section 21(3); or (b) is taken to have refused to accredit the school under section 23(1)(a). 80 Decision about governing body's eligibility for government funding (1) The board must consider the application and decide whether or not the board is satisfied the governing body meets the government funding eligibility criteria. (2) If the board is satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is eligible for government funding for the school. (3) If the board is not satisfied the governing body meets the government funding eligibility criteria, the board must decide the governing body is not eligible for government funding for the school. 81 Further information or documents (1) Before deciding the application, the board may, by notice given to the applicant, require the applicant to give the board, within a reasonable period of at least 30 days stated in the notice, further information or a document the board reasonably requires to make the decision. (2) The notice may require the information or document to be verified by a statutory declaration. (3) The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement. 82 Failure to decide application (1) If the board fails to decide the application within 6 months after receiving the application— (a) the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. (2) This section is subject to section 83. 83 Extension of time to decide application (1) This section applies if the board considers it needs more time to decide the application. (2) The applicant and board may, at any time before the day that is 6 months after the day on which the board received the application, agree in writing on a day (the agreed day) by which the decision is to be made. (3) If the board fails to make the decision by the agreed day— (a) the failure is taken to be a decision of the board that the governing body is not eligible for government funding for the school; and (b) the board must, as soon as practicable, give the applicant an information notice about the decision. 84 Steps to be taken after decision (1) If the board decides the governing body is eligible for government funding for the school, the board must, as soon as practicable give the applicant and the Minister notice of the decision. (2) If the board decides the governing body is not eligible for government funding for the school, the board must, as soon as practicable, give the applicant an information notice about the decision. 85 Report by authorised person (1) Before deciding the application, the board may obtain a written report f