Non-Government Schools Not For Profit Newsletter

Current Non-Government Schools Not for Profit Newsletter

End of Term 4 2024

Update on the Review of Section 83C Implementation

On 16 August 2024, the NSW Government released the report on the Review of Section 83C of the Education Act 1990 (NSW), independently led by Professor Tom Alegounarias. The changes recommended in the Report will provide greater clarity to non-government schools and make regulation more efficient, while strengthening the oversight of these schools’ financial practices.

Professor Alegounarias will oversee the implementation of changes with support from the NSW Education Standards Authority (NESA) and the NSW Department of Education.

Changes include:

  • Transferring regulatory oversight of public funding from the Department of Education to NESA
  • Developing regulations to clarify which services and functions do not constitute a breach of a school’s not-for-profit requirements
  • Improving guidelines to make the regulator’s role clear and transparent in assuring that school expenditure arises from the operation of the school
  • Developing more timely and less costly remedies to address non-compliance
  • Strengthening the oversight role of the Non-Government Schools Not-for-Profit Advisory Committee.

Implementation of the changes has commenced. Key stakeholders will continue to be consulted throughout the implementation process and non-government schools will be updated though existing forums including this termly newsletter.

Frequently Asked Questions and case examples on Regulation Clause 10B are now available on the department's website

Frequently Asked Questions (FAQs) with case examples are now available on the department's website. These FAQs have been developed to help non-government schools understand Regulation Clause 10B, which specifies how proprietors of non-government schools can use school income and assets to provide recognised education and care programs in certain circumstances without operating for profit, and how it applies in a variety of non-government school settings.

If you have further questions about how the Regulation Clause 10B may apply to your school’s circumstances, please email us at ngsenquiries@det.nsw.edu.au.

Update from the Non-Government Schools Not-for-profit Advisory Committee

It has been a significant and busy year with the finalisation and release of Professor Alegounarias’ Review of Section 83C of the Education Act 1990 (NSW). The Report includes several recommendations that aim to strengthen the role of the Not-for-profit Advisory Committee (Advisory Committee). The Advisory Committee welcomes these recommendations, and the other recommendations in the Report, supported by the NSW Government and is looking forward to working closely with Professor Alegounarias in 2025 to implement these changes.

Got a not for profit question?

The department provides support to assist non-government schools in understanding the not for profit requirements of section 83C of the Education Act 1990 (NSW).

  • For general guidance (wherever possible) on the not for profit requirements, please contact us at ngsenquiries@det.nsw.edu.au.
  • To raise a not for profit compliance concern about a non-government school, please email ngs-compliance@det.nsw.edu.au.
  • For inquiries related to NSW funding for non-government schools, reach out to the Non-Government Schools Funding Unit at NGSFU@det.nsw

We cannot provide you with legal advice. Non-government schools should always ensure they seek and are guided by their own independent legal advice when it comes to compliance with not for profit requirements.

Previous newsletters

(Note: Content in the previous newsletters is relevant at the time of publication. Please ensure you’re accessing the latest version of the NFP Guidelines (2024) or contact us for any clarity.)

2024 Newsletters

Term 3 2024 Newsletter - Providing education and care programs - webinar recording available and non-government school preschool grants coming soon (issued on 26 September 2024).

Term 2 2024 NewsletterUnderstanding the new regulation: Using non-government school assets and income to provide recognised education and care programs (preschool, long day care and out of school hours care programs). (issued on 18 June 2024)

Term 1 2024 NewsletterRelease of updated Guidelines and a new Regulation to increase clarity on preschools, long day care and out of school hours care (issued on 23 April 2024)

2023 Newsletters

Term 4 2023 Newsletter Release of the Regulatory Framework and NFP Guidelines exposure drafts for consultation, Payments for Directors’ and Officers’ Insurance, Directors’ Deeds and compliance with the NFP requirements, Use of school income and assets to support foundations (issued on 13 November 2023)

Term 2 2023 NewsletterUpdate on the Regulatory Framework and Guidelines review, New Non-Government Schools Enquiry Inbox, not for profit requirements and the City-Country Partnership Program and single-themed audits (issued on 23 June 2023)

2022 Newsletters

2022 NewsletterDevelopment of a regulatory framework and review of the Not-For-Profit Guidelines for Non-Government Schools (issued on 31 October 2022)

2021 Newsletters

2021 Newsletter – Good Governance Principles (issued on 25 November 2021)

2020 Newsletters

Term 3, 2020 – Shared Service Agreements
Term 2, 2020 – Gifts and Honorariums

2019 Newsletters

Term 4, 2019 – Redress Scheme Payments (PDF 136.98KB)
Term 3, 2019 – Shared and Community Use of School Facilities and Onsite Ancillary Services (PDF 165.06KB)
Term 2, 2019 – Related Entity Transactions (PDF 143.1KB)

2018 Newsletters

Term 3, 2018 – Monetary Loans, Donations, Use of School Income, Good Procurement Practices and P&F Associations (899KB)

Archived Newsletters

January 2017 – (PDF 822KB)
March 2016 – (PDF 4.8MB)

Please note: Content in previous issues is correct at the time of publication.

Subscribe to this newsletter

If you would like to subscribe, please send an email to ngsenquiries@det.nsw.edu.au with the subject line ‘Non-Government Schools newsletter new subscriber’ and provide your name and email address in the body of the email.

We encourage you to share this information with senior staff, financial administrators, diocese representatives, board members and auditors.

Unsubscribe

If you would like to unsubscribe, please send an email to ngsenquiries@det.nsw.edu.au with the subject line ‘Non-Government Schools newsletter unsubscribe’ and provide your name and email address in the body of the email please. Your details will then be removed from our subscriber list.

Disclaimer

Whilst all efforts have been made to ensure the accuracy of information contained in this document, the Advisory Committee, the NSW Department of Education, its officers, employees and agents disclaim any liability arising from any person’s use or reliance on the information contained in this document. The information contained in this document does not contain legal or financial advice. Any person or school seeking to rely on the information contained in this document should obtain their own independent legal or professional advice specific to their circumstances.

Category:

  • Education support operations

Business Unit:

  • Office of the Secretary
  • Secretary
Return to top of page Back to top