Document ID: chunk:federal_register_of_legislation:C2016C00429:section:60:p1
Version: federal_register_of_legislation:C2016C00429
Segment Type: section
Provision Reference: s 60 (pt 1/2)
Character Range: 98026–100648

60  Application to vary list of non‑government schools

Location proposal
 (1) The approved authority of a school may apply to the Minister to have the list of non‑government schools varied to take account of a location proposal.
 (2) In this Act:
location proposal means a proposal to vary the list of non‑government schools to take account of a change as a result of which a systemic school or a non‑systemic school will provide:
 (a) a new level of education at a location for which the school is already included in the list for the provision of another level of education; or
 (b) education, or a level of education, at another location; or
 (c) distance education for a level of education and at a location for which the school is already included in the list.

New school proposal
 (3) An application to the Minister to have the list of non‑government schools varied to take account of a new school proposal in respect of a school may be made by:
 (a) if the school is to be included in an approved school system—the approved authority of the system; or
 (b) otherwise—the body principally responsible for the school.
 (4) In this Act:
new school proposal means a proposal to include in the list of non‑government schools:
 (a) a school formed as a result of the amalgamation of a systemic or non‑systemic school with another school, whether or not the other school is included in the list; or
 (b) a school formed as a result of the separation of a systemic school or a non‑systemic school into 2 or more schools; or
 (c) a new school; or
 (d) an existing school that is not already included in the list.

Application to vary list
 (5) An application under this section must:
 (a) be in writing; and
 (b) set out details of the proposal; and
 (c) subject to subsection (6), state the earliest program year to which the variation is to apply; and
 (d) if the applicant considers that there are exceptional circumstances that justify the variation applying to the program year immediately preceding the program year in which the application is made—set out those circumstances; and
 (e) request the Minister to vary the list to take account of the proposal.
 (6) The earliest program year to be stated in an application for the purposes of paragraph (5)(c) is to be:
 (a) the program year in which the application is made; or
 (b) the program year immediately following the program year in which the application is made; or
 (c) if the applicant considers that there are exceptional circumstances that justify the variation applying to the program year immediately preceding the program year in which the application