The department is working with key stakeholders to develop an outcomes and risk-based regulatory framework for the not for profit requirements of the Education Act 1990 (NSW) (‘Act’). The department is also supporting the review of the Minister’s Not-For-Profit Guidelines for Non-Government Schools (the ‘NFP Guidelines’). This is to ensure that they continue assisting non-government schools to comply with the not for profit requirements of the Act.

In October 2022, the department released a public Discussion Paper and held a series of workshops with key stakeholders across 2022 and 2023 to consult on the design of the Regulatory Framework and the NFP Guidelines. The feedback received through these processes was carefully considered and was used to inform the development of the draft Regulatory Framework and updated NFP Guidelines. A Summary of Stakeholder Feedback received through the Discussion Paper submission process is available .

The exposure drafts of the updated NFP Guidelines and the Regulatory Framework were released for public consultation in October 2023 for a period of 5 weeks. The submissions closed on 24 November 2023. The department is considering stakeholders’ submissions on the exposure drafts, which will inform the development of the Regulatory Framework and review of the NFP Guidelines.

Update: April 2024

The Not-for-Profit Guidelines for Non-Government Schools (March 2024) have been updated, further to the insertion of clause 10B in the Education Regulation 2017. This clause, and the accompanying NFP Guidelines content, provides regulatory clarity that a non-government school may use certain income and assets to provide recognised education and care programs (including preschool, long day care and out of school hours care programs). A new section 9.2 - Education and Care Program – Preschool, long day care, out of school hours care (Clause 10B), has been added to the Not-for-Profit Guidelines for Non-Government Schools (March 2024 revision). This section replaces previous guidance on onsite ancillary services included in the Not-for-Profit Guidelines for Non-Government Schools (2019).

The NSW Government has appointed Mr Thomas Alegounarias to review s.83C of the Education Act 1990 (NSW) and its associated sections. The final report, with recommendations to the Minister, is anticipated by no later than 30 June 2024. As part of the Ministerial Terms of Reference, Mr Alegounarias' review of s.83C will also consider:

• the draft Regulatory Framework
• the draft revision of the Minister’s Not-for-Profit Guidelines
• other guidance material published on the department’s website.

Accordingly, further work on the exposure drafts of the Regulatory Framework and NFP Guidelines (released for public consultation in October 2023) will be informed by the s.83C Review. In the meantime, non-government school and proprietors should continue to be guided by the NFP Guidelines (March 2024).

Please contact NGS Enquiries team by email ngsenquiries@det.nsw.edu.au if you have any questions.

Further information

Frequently Asked Questions (PDF) and Terms of Reference for the Regulatory Framework and review of the Guidelines are available.

If you have any questions, please send an email to ngsenquiries@det.nsw.edu.au.