These changes are proportionate to the relatively broad person or entity (see Definitions section of the scope for decision-making and the corresponding higher Regulations). The existence of sufficient controls governance and financial risks in non-government schools. will help the school maintain its not-for-profit status. The and proper requirements for ‘fit person’ Minimum Standard 21 additional requirement for – schools has been expanded to include a schools to have suitable arrangements in place to requirement that a responsible person is not the subject of, comply with guidelines issued by the VRQA. or associated with, specific kinds of adverse findings or Minimum Standard 22 requires a school to be other actions taken by a court, tribunal, commission of – inquiry, professional discipline body or regulatory authority conducted within the scope of its registration. (NB: (in Victoria or elsewhere). The adverse findings or actions this standard is a restatement of regulation 62 in relate to: the Education and Training Reform Regulations 2007). dishonest, misleading or deceptive conduct; or See Schedule 4 to the Education and Training Reform non-compliance with an obligation relating to the Regulations 2017 for the full list of minimum standards for provision of education; or registered schools. a breach of duty (including a duty of disclosure). Minimum standard 15(5)(f) The VRQA may exempt a responsible person from this For further information about the Education and Training requirement under Regulation 63. Reform Regulations 2017, see: The requirement to satisfy the and proper test is ‘fit person’ ongoing and requires the proprietor to notify the VRQA should a that affects a ‘notifiable disclosure event’ occur responsible person at the school. Minimum standard 15(4) is triggered by adverse ‘notifiable disclosure event’ findings or proceedings for conduct that would mean the is not a and proper See ‘responsible person’ ‘fit person’. also the definition of in ‘notifiable disclosure event’ Regulation 5. The other changes to the minimum standards for registration include: Minimum Standard 12 insertion of a definition – for the which provides that the ‘attending school’ standard for student care, safety and welfare is not limited to school premises (see Definitions section of the Regulations). (CONT.) Minimum Standard 16 addition of the words – be able to demonstrate how the ‘and school’s philosophy is enacted’. Minimum Standard 17– additional requirement for schools to have in place to ‘sufficient controls’ ensure that school property and assets are not distributed or used for the or gain of another
These changes are proportionate to the relatively broad scope for decision-making and the corresponding higher governance and financial risks in non-government schools. The ‘fit and proper person’ requirements for schools has been expanded to include a requirement that a responsible person is not the subject of, or associated with, specific kinds of adverse findings or other actions taken by a court, tribunal, commission of inquiry, professional discipline body or regulatory authority (in Victoria or elsewhere). The adverse findings or actions relate to: dishonest, misleading or deceptive conduct; or non-compliance with an obligation relating to the provision of education; or a breach of duty (including a duty of disclosure). Minimum standard 15(5)(f) The VRQA may exempt a responsible person from this requirement under Regulation 63. The requirement to satisfy the ‘fit and proper person’ test is ongoing and requires the proprietor to notify the VRQA should a ‘notifiable disclosure event’ occur that affects a responsible person at the school. Minimum standard 15(4) ‘notifiable disclosure event’ is triggered by adverse findings or proceedings for conduct that would mean the ‘responsible person’ is not a ‘fit and proper person’. See also the definition of ‘notifiable disclosure event’ in Regulation 5. The other changes to the minimum standards for registration include: Minimum Standard 12 – insertion of a definition for ‘attending the school’ which provides that the standard for student care, safety and welfare is not limited to school premises (see Definitions section of the Regulations). (CONT.) Minimum Standard 16 – addition of the words ‘and be able to demonstrate how the school’s philosophy is enacted’. Minimum Standard 17– additional requirement for schools to have ‘sufficient controls’ in place to ensure that school property and assets are not distributed or used for the or gain of another person or entity (see Definitions section of the Regulations). The existence of sufficient controls will help the school maintain its not-for-profit status. Minimum Standard 21 – additional requirement for schools to have suitable arrangements in place to comply with guidelines issued by the VRQA. Minimum Standard 22 – requires a school to be conducted within the scope of its registration. (NB: this standard is a restatement of regulation 62 in the Education and Training Reform Regulations 2007). See Schedule 4 to the Education and Training Reform Regulations 2017 for the full list of minimum standards for registered schools. For further information about the Education and Training Reform Regulations 2017, see:
factsheet_nongovtschool.docx