Education Act 1994

1. There is established a Schools Registration Board consisting of 8 persons appointed by the Minister of whom-

1. one is the chairperson; and

2. one is a person employed in the Department; and
3. 2 are persons selected from nominations submitted by organizations representing registered schools
4. 2 are persons selected from nominations submitted by organizations representing the teachers of registered schools
5. one is a person nominated by the person in charge of Catholic education; and
6. one is a person selected from nominations submitted by organizations representing parents of children at registered schools.

2. An organization is to nominate, as far as possible, an equal number of males and females.
3. If a nomination is not made as required, the Minister may appoint a person without a nomination.
4. Schedule 1 has effect with respect to the membership and meetings of the Registration Board.

1. The Registration Board has the following functions:-

1. to hear and determine applications for the registration of schools under this Part;

2. any other function the Minister determines.

2. The Registration Board may do anything necessary or convenient to perform its functions.

1. The Minister may appoint a person employed in the Department to be the Registrar.
2. A person appointed as Registrar holds office in conjunction with his or her position in the Department.
3. The Registrar is to--

1. keep full and correct details of the proceedings of the Registration Board;
2. and perform any other function the Registration Board directs.

1. A person or body intending to operate a school may apply for registration as a school of a type providing education as specified in section 54.
2. An application is to--

1. be made in writing; and
2. state the education to be provided; and
3. be lodged with the Registration Board; and
4. be accompanied by any fee determined by the Registration Board and approved by the Minister.

3. The Registration Board may require a person or body to provide any further information it considers necessary in order to determine the application.

1. In determining an application for registration as a school, the Registration Board must take into account the following matters:--

(a) the proposed curriculum of that school;

(b) the qualifications required of teachers at that school;

(c) the facilities to be provided at that school;

(d) the minimum number of students to attend that school;

(e) the kinds of students to attend that school;

(f) the enrolment and attendance procedures of that school;

(fa) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the financial viability of the school;

(fb) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the proposed arrangements for the governance and administration of the school;

(fc) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the likely impact of the registration of the school on existing schools in the same geographical area;

(fd) [Section 53 Subsection (1) amended by No. 72 of 2003, s. 24, Applied:01 Jan 2004] the proposed grievance process;

(g) any other prescribed matter.

2. If the Registration Board is not satisfied that the matters specified in subsection (1) are likely to comply with any standards the Minister determines in relation to those matters, it must--

1. refuse to grant an application for registration; and
2. by notice in writing, notify the applicant of the refusal and the reasons for the refusal.

1. To ensure that a school is complying with any standards determined by the Minister in relation to the matters specified in section 53, the Registration Board is to arrange for a review of a registered school to be carried out at least once before its registration ceases or is renewed.
2. The Registration Board may direct persons to carry out a review in accordance with instructions issued by the Registration Board.
3. A person carrying out a review may require any other person to give any assistance reasonably necessary to carry out the review.
4. The Registration Board is to give the Minister a report of the findings of the review.

1. The Registration Board may arrange for the inspection of any registered school for general purposes and before a review of a school is carried out.
2. The Registration Board may authorize persons to carry out the inspections in accordance with instructions issued by the Registration Board.
3. The Registration Board, with the approval of the Minister, may determine that in respect of an inspection of a registered school--

1. a fee in relation to that inspection is payable by that school; or
2. any costs and expenses incurred in relation to that inspection are payable by that school.

1. The Registration Board is to issue a certificate of authority to a person authorized to inspect a registered school.
2. A certificate of authority--

1. has effect in respect of the registered school specified in the certificate; and
2. remains in force for the period specified in the certificate.

1. A person authorized to inspect a registered school may at any reasonable time--

1. enter, search and inspect any premises of the school; and
2. inspect, take copies of or by warrant seize any records or documents kept by the school; and
3. require any person to give any assistance reasonably necessary to carry out the inspection.

2. A person must produce the certificate of authority before exercising any of the powers specified in subsection (1).
3. A person must not hinder or obstruct an authorized person lawfully carrying out an inspection.

Penalty: Fine not exceeding 10 penalty units.

1. A person or body may apply for renewal of registration as a school.
2. An application is to be--

1. made in writing; and
2. lodged with the Registration Board at least 3 months before the previous period of registration expires.

3. In determining an application, the Registration Board is to take into account--

1. the matters specified in section 53; and
2. the findings of a review carried out under section 55.

4. If the Registration Board is not satisfied that the matters specified in section 53 (1) are likely to comply with any standards the Minister determines in relation to those matters, it must--

1. refuse to grant an application for renewal of registration; and
2. by notice in writing, notify the applicant of the refusal and the grounds for the refusal.

1. The Minister, on the recommendation of the Registration Board, may cancel the registration of a school at any time or as a result of a review carried out under section 55 if satisfied--

1. that the school or the governing body of the school is not complying with any condition determined by the Minister in relation to the matters specified in section 53; or
2. that it is in the best interests of the students at that school to do so.

2. The Minister, by notice in writing, is to notify the school--

1. of the cancellation of registration; and
2. the reasons for the cancellation.

1. [Section 62 Substituted by No. 73 of 2001, Sched. 1, Applied: 01 Jul 2002] A person or body may apply to the Magistrates Court (Administrative Appeals Division) for a review of–

1. the refusal to grant an application for registration as a school; and
2. the refusal to renew the registration of a school; and
3. the cancellation of registration as a school.

2. An appeal is to be made within 21 days after the refusal to grant an application or the cancellation of registration.

1. The Registration Board is to issue a certificate of registration to the governing body of a school which is granted registration or renewal of registration.
2. A certificate of registration is to specify the period for which the registration is granted or renewed.

For other Tasmanian Government information, please visit the Service Tasmania website.