Education and Training Reform Act 2006

The Authority may, after conducting a review and evaluation of the operation of a school or considering the report of a person or body referred to in section 4.3.2 who has conducted a review and evaluation of the school, determine that the school no longer complies with the prescribed minimum standards for registration.

If the Authority determines that the school no longer complies with one or more of the prescribed minimum standards for registration, it may do any one or more of the following—

suspend or cancel the registration of the school;

prohibit the school from enrolling any new students;

require the school to report to parents of students at the school that the school does not comply with the prescribed minimum standards for registration;

impose conditions on the school's registration.

The Authority may substitute an action (other than the cancellation of registration) under subsection (2) in relation to a school with another action that is less onerous if the Authority considers that—

the school has partially complied with the requirements of the original action; and

the substituted action is sufficient to ensure that the school will comply with the prescribed minimum standards.

The Authority must give a school written notice of—

a determination made by the Authority to take an action in relation to the school under subsection (2); or

a decision made by the Authority to substitute an action in relation to the school under subsection (2A).

An action taken by the Authority in relation to a school under subsection (2) or (2A) takes effect—

when a notice is given to the school under subsection (3); or

on any later date specified in the notice.

The Authority may suspend or cancel the registration of a non-Government school if—

the school's sole or main proprietor is—

a natural person who has become an insolvent under administration; or

a body corporate that has been compulsorily wound up or is subject to an order to be compulsorily wound up; and

the Authority is satisfied that it is in the best interests of students enrolled at the school, or in the public interest, to suspend or cancel the school's registration.

Before suspending or cancelling a school's registration under subsection (1), the Authority, by written notice given to the school, must—

notify the school of—

the action the Authority proposes to take; and

the reasons for taking that action; and

the time within which the school may make submissions under paragraph (b); and

give the school an opportunity to make submissions to the Authority within the following time period to show cause why the proposed action should not be taken—

in the case of a proposed suspension of registration, 3 days after being notified;

in the case of a proposed cancellation of registration, 7 days after being notified.

The Authority must consider any submissions made by a non-Government school under subsection (2)(b).

If the Authority decides to suspend or cancel the registration of a school under subsection (1), the Authority must give the school written notice of the Authority's decision.

when a notice is given to the school under subsection (5); or

on any later date specified in the notice.