Education and Training Reform Act 2006

The Authority, after conducting a review and evaluation of the operation of a registered school boarding premises or considering the report of a person or body referred to in section 4.3.8F who has conducted a review and evaluation of the premises, may determine that the provider of school boarding services at the premises has not ensured that the premises and those services continue to comply with the prescribed minimum standards for registration of school boarding premises.

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

suspend or cancel the registration of the premises;

prohibit the provider of school boarding services at the premises from accepting any new students to board at the premises;

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

impose conditions on the registration of the premises.

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

the provider of school boarding services at the premises has partially complied with the requirements of the original action; and

the substituted action is sufficient to ensure that the premises will comply with the prescribed minimum standards for registration of school boarding premises.

The Authority must give the provider of school boarding services at a registered school boarding premises written notice of—

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

a decision made by the Authority to substitute an action in relation to the premises or the provider under subsection (3).

An action taken by the Authority in relation to a registered school boarding premises or the provider of school boarding services at the premises under subsection (2) or (3) takes effect—

when a notice is given to the provider under subsection (4); or

on any later date specified in the notice.

The Authority may suspend or cancel the registration of a non-government school boarding premises if—

the provider of school boarding services at the premises 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 boarding at the premises, or in the public interest, to suspend or cancel the registration of the premises.

Before suspending or cancelling the registration of a school boarding premises under subsection (1), by written notice given to the provider of school boarding services at the premises, the Authority must—

notify the provider of—

the action the Authority proposes to take; and

the reasons for taking that action; and

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

give the provider 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 the provider of school boarding services at the premises under subsection (2)(b).

The Authority, on the application of the provider of school boarding services at the premises, may extend the period within which submissions may be made by the provider under subsection (2)(b).

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

A suspension or cancellation of the registration of a non-government school boarding premises under this section takes effect—

when a notice is given to the provider of school boarding services at the premises under subsection (5); or

on any later date specified in the notice.