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Queensland introduces Bill to replace school accreditation legislation

24/05/17
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The Education (Accreditation of Non-State Schools) Bill 2017 was introduced in the Queensland Parliament on 9 May 2017 as the result of a review by the Department of Education and Training of non-state education regulatory arrangements. The review commenced in 2014 with a view to modernising and streamlining non-state school accreditation in Queensland.

The purpose of the Bill is to repeal and replace the current Education (Accreditation of Non-State Schools) Act 2001 (the Act) to reduce red tape around accreditation and funding processes administered by the Non-State Schools Accreditation Board (NSSAB or the Board).

The NSSAB will continue to operate as the statutory body responsible for accrediting non-state schools in Queensland. There are a number of new provisions in the Bill, however this article will discuss four key areas that will have immediate impact on Queensland schools should the Bill be passed in its current form.


Increased NSSAB powers

The Queensland Government is pleased with the performance of the NSSAB since its inception in 2001 and maintains that its current formation is still the most cost-effective way to operate the regulatory body.

The Bill proposes a broadening of the NSSAB’s function to clarify that it is the Board’s role to monitor and investigate offences under the Act, for example a contravention of accreditation criteria. Under the proposed Bill, the NSSAB will have the power to:

  • monitor compliance with the Act and enforce compliance of persons who fail to comply with the Act; and
  • conduct investigations about contraventions of, or non-compliance with, the Act.


Removal of ‘provisional accreditation’

One of the key processes for streamlining the accreditation process is the removal of the concept of ‘provisional accreditation’. Currently, the NSSAB is required to make two decisions when accrediting a new non-state school or accepting applications for a change to a school’s current accreditation: one to grant provisional accreditation and another for full accreditation at the end of the school’s provisional period. This process created a lot of red tape and compliance hoops for schools and the NSSAB to jump through.

The Bill provides for a simplified process where the school will be able to be accredited from the outset if the governing body is suitable and if the NSSAB considers that the school will comply with the accreditation criteria from the commencement of the school’s operation. Should the school not be compliant with the criteria on the commencement day, the NSSAB will be able to provide a compliance notice giving the school time to become compliant and, where the school continues to be non-compliant, will be able cancel accreditation.

To further remove regulatory burdens and red tape, the Bill also proposes to remove the current requirement for certificates of accreditation to be placed on display in a school. The NSSAB’s current online register of non-state schools will be sufficient to replace this requirement.


Changes to government funding eligibility

Currently, funding decisions made by the NSSAB, based on recommendations from the Non-State Schools Eligibility for Government Funding Committee, is based on criteria prescribed in the Act and is currently a lengthy and complex process. The NSSAB first determines the school’s not-for-profit status, the governing body would then undertake a public notification process inviting public submissions on the prescribed criteria and afterwards, the Committee would make a recommendation to the Minister who then makes the funding decision.

The Bill provides for a streamlined process whereby the governing body of a school will be automatically eligible for government funding upon the school’s accreditation, provided that the NSSAB is satisfied that the school will not be operated for profit.


Governing body notifications

At present, a non-state school’s governing body is not required to notify the NSSAB when directors of the governing body change. The NSSAB is required to assess whether a school’s governing body is suitable and this includes ensuring that each director has a Blue Card. To ensure this, the NSSAB currently requires an annual update which is an onerous task that means the status of directors is not known to the NSSAB in a timely manner. To remedy this long-winded and ineffectual process, the Bill includes a new requirement that a governing body must notify the NSSAB about changes in directorship and, when a new director commences their directorship, provide a copy of the new director’s Blue Card to the NSSAB.


Next steps for schools

As the Bill has only just been introduced to Parliament, it has not yet become law. Schools should be aware of the changes proposed by the Bill and any communications from the NSSAB in relation to these changes which will affect the accreditation process.

 
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William Kelly

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