Non-Government Schools Not For Profit Newsletter
Current Non-Government Schools Not for Profit Newsletter
Term 2 2024
Understanding 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).
Many non-government schools provide connected preschool, long day care and out of school hours care services and have requested guidance on how they can provide these services without contravening the not for profit requirements under section 83C of the Education Act 1990 (NSW) (‘the Act’)
The Education Regulation 2017 (NSW) was amended on 1 March 2024, with a new Clause 10B, to clarify that non-government schools can use certain income and assets to provide ‘recognised education and care programs’, including preschool, long day care and out of school hours care programs.
The new regulation also supports the NSW Government’s $60 million investment to build and upgrade at least 50 preschools on non-government school sites.
Section 9.2 of the Not-for-Profit Guidelines for Non-Government Schools (2024) (‘NFP Guidelines') has also been updated to provide additional guidance that supports the new regulation. This section replaces previous guidance on non-government schools’ provision of preschools and other onsite ‘ancillary’ services. Section 9.2 includes a broad set of circumstances where non-government schools can deliver recognised education and care programs, where there is connection between the program and the non-government school delivering the program. That is consistent with the ‘not for profit requirements’ under section 83C of the Education Act 1990 (NSW) , and the regulatory clarity needed.
Join our inaugural ‘lunch and learn’ webinar – Understanding the new regulation on non-government school use of income and assets to provide recognised education and care programs.
The department is hosting a webinar on Thursday 27 June 2024 from 1:00pm to 1:30pm to explain the new regulation clause 10B, the associated Guidelines and how it applies in a variety of non-government school settings. The webinar will be co-hosted by Carolyn Walsh, Independent Chairperson, Non-Government Schools Not-For-Profit Advisory Committee; Jeremy Kurucz, Executive Director, Reform and External Relations, NSW Department of Education; and Natalie Stott, A/Director, Non-Government Schools Unit, NSW Department of Education.
There is no need to pre-register, just click the link here ahead of the 1:00pm start time.
We look forward to seeing you there!
Do you have questions about the new regulation? Please send your questions through to ngsenquiries@det.nsw.edu.au by Friday 21 June 2024 and we will do our best to answer these in the webinar session. If there are questions that we do not get time to respond to, we will provide responses as part of a Frequently Asked Questions resource that will be available online shortly after the webinar.
Update from the Non-Government Schools Not-for-profit Advisory Committee
It has been wonderful to see the significant interest and engagement in the new regulation, clause 10B, clarifying non-government school use of assets and income to provide recognised education and care programs (preschool, long day care and out of school hours care programs). The Advisory Committee has worked closely with the Department on an approach to support understanding of the new regulation across non-government schools and we look forward to the department’s lunch and learn session on Thursday 27 June 2024.
The Advisory Committee will continue to work with the department to ensure that non-government schools have the right supports in place to promote non-government school understanding and compliance with the not for profit requirements under the Act and the associated regulations.
We value your feedback
We heard that it was sometimes hard to find not for profit related resources and other information specific to non-government schools on the department’s website. In response to this feedback, we have made several changes to make this information more visible and accessible.
You can now find the non-government schools webpage under 'Schooling' on the main menu. This update includes separate sections on Not for profit requirements, Policy, Funding and Capital Assistance and Contact us. These sections are designed to help you navigate through the information you need with ease.
Please take a moment to visit the webpage and share your thoughts. Your feedback is greatly appreciated and will help us to ensure that the non-government school content is meeting schools needs effectively.
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.
- If you need to raise a not for profit compliance complaint 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 (NGSFU) at NGSFU@det.nsw.edu.au.
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 1 2024 Newsletter – Release 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 Newsletter – Update 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 Newsletter – Development of a regulatory framework and review of the Not-For-Profit Guidelines for Non-Government Schools (issued on 31 October 2022)
| 2021 Newsletters |
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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 |
|---|
| Archived Newsletters |
|---|
Please note: Content in previous issues is correct at the time of publication.
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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.