DEPARTMENT OF EDUCATION
DISCUSSION STARTER 7: NON-GOVERNMENT SCHOOLS
Current situation in the Northern Territory
Non-government schools are a vital part of the Northern Territory (NT) education system. Part 7 of
the Education Act (the Act), Non-Government Schools, was amended in 2009 to significantly
reform the provisions relating to the registration and assessment of non-government schools.
Registration of non-government schools
The reforms established requirements for the registration of non-government schools, including:
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governance arrangements
ongoing financial management, viability and insurance provision
procedures for school performance management
health, safety, and wellbeing of staff and students
critical incident management
complaints and disputes resolution.
Consideration of the likely impact on other schools of any proposed new school or change in
registration of an existing non-government school was also introduced as part of the assessment
process. This was to mitigate detrimental impacts on existing schools.
The reforms also established a Registration Assessment Panel to make recommendations on
applications made to the Department of Education Chief Executive, as the registering authority.
Review and assessment of non-government schools
Powers to ensure that non-government schools continue to comply with registration requirements
were expanded to include routine assessments every five years and special investigations into
suspected non-compliance with registration requirements or conditions. The Department of
Education Chief Executive was given the capacity to appoint assessors to form panels for this
purpose.
Non-government schools were also required to engage in an approved system of annual self-audit
to monitor their compliance with registration requirements, conditions of registration, and the
success of their education programs.
Based on the operation of the provisions since their commencement, further amendments may be
warranted.
What is happening in other places?
In other Australian jurisdictions, except the Australian Capital Territory, registration of nongovernment schools, and the monitoring of ongoing compliance with registration requirements are
separated from the department with responsibility for the delivery of government school education.
Fees are charged in a number of jurisdictions for registration and registration renewal, and there
are examples of good governance practices in relation to registration assessment panels that the
NT could learn from. Similarly, registration requirements for non-government schools in some
jurisdictions could be useful models for the NT.
REFORM OF THE EDUCATION ACT (NT) – DISCUSSION STARTER FOR CONSULTATION
Options for reform
Reform options include:
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establishing a statutory indemnity for members of the Registration Assessment Panel and
assessors participating in review and assessment panels
replacing the word ‘representatives’ of agencies and the non-government school sector in
relation to membership of panels to make it clear that members do not operate in a
representative capacity once appointed to a panel
bringing existing practices more into line with modern governance principles by establishing
a code of conduct for members of panels, including specifying, for example, that the school
system or school seeking registration or undergoing routine assessment cannot be part of
the panel for that registration or assessment process
better aligning the review and assessment requirements of government and nongovernment schools
establishing registration standards for non-government schools and amending the existing
requirement for regular compliance reviews to renewal of registration after a specified
period
providing the power to charge a fee for registration and variation/renewal of registration, on
a cost recovery basis
including the registration requirement for governing bodies of non-government schools to
have adequate procedures in place to ensure currency of each employee’s Ochre Card
separating registration and ongoing review and assessment of non-government schools
from the Department of Education - see Discussion Starter 8: Accountability for details
providing for the Minister for Education to be the registering authority rather than the
Department of Education Chief Executive.
WHAT DO YOU THINK?
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Do you support better alignment of review and assessment requirements for government
and non-government schools? Why/why not?
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Do you think that registration standards should be introduced for non-government schools?
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Do you think there should be a code of conduct for members of panels to address potential
conflicts of interest?
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Do you think the registration and ongoing assessment of non-government schools should be
separated from the Department of Education? Alternatively, how could current
arrangements be strengthened to address any perceived or actual conflict of interest for the
department? Please provide details.
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Do you think any of the reform options relating to non-government schools should not be
considered? Why?
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Are there other matters relating to non-government schools that need a legislative basis?
Please specify.
 To what extent do you think reforms for government schools should apply to nongovernment schools? Please specify.
DISCUSSION STARTER 7: NON-GOVERNMENT SCHOOLS
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