Mandatory Requirements for Board Members
Blue Card (Suitability for working with children)
Blue card information
The Education (Accreditation of Non-State Schools) Act 2001 requires directors and authorised persons of a non-state school governing body to hold a blue card or an exemption card before they can commence work as a director or authorised person.
Blue card renewal requirements
A governing body director who holds a valid blue card, can continue as a director after the expiry date of his or her blue card, provided the card was not suspended or cancelled, and he or she has lodged a renewal application at least 30 days prior to the expiry of the card. In these circumstances, the existing blue card is deemed to remain current from the day it would otherwise end until the renewal application is decided or withdrawn.
Australian Charities and Not-for-profits Commission (ACNC)
The ACNC is the independent national register of charities. All independent schools should be registered with the ACNC and therefore will have various obligations with which to comply including the lodgement of an annual information statement.
More information and resources for governing and managing your organisation are provided on the ACNC website.
Any board member changes must be notified to the ACNC within 28 days. More information is available on the duty to notify of changes.
Charities must meet a set of ACNC governance standards to be registered and remain registered with the ACNC. Charities do not need to submit anything to the ACNC to show they meet the standards, but must have evidence of meeting the standards if they are requested to provide them.
The standards require charities to remain charitable, operate lawfully, and be run in an accountable and responsible way. Because the governance standards are a set of high-level principles, not precise rules, your school must decide how it will comply with them.
Office of Fair Trading
Note that if your school is an incorporated association there are a number of reporting obligations that your school will have to the Office of Fair Trading. This includes the provision of an annual return to the Office of Fair Trading which is in addition to your school's obligations to the ACNC.
For more information, visit the Queensland Government website.
Child Protection Obligations
As of 29 January 2013, the obligation to report "likely" sexual abuse applies to certain categories of students and requires:
- if a non-state school staff member reasonably suspects, in the course of the staff member's employment at the school, that a student is likely to be sexually abused by another person — the staff member must give a written report of the suspicions to the school's principal or a director of the school's governing body; and
- the principal or director must immediately give a copy of any written report received to a police officer.
Details of the current obligations with respect to child protection may be found at:
- section 366A (Obligation to report likely sexual abuse of person under 18 years at non-State school) of the Education (General Provisions) Act 2006
- section 68A (Report about likely sexual abuse—Act, ss 365A(4) and 366A(5)) of the Education (General Provisions) Regulation 2006
- section 10 (Health, safety and conduct of staff and students) of the Education (Accreditation of Non-State Schools) Regulation 2001
- section 366B (Delegation of director's reporting function under s 366 or 366A) of the Education (General Provisions) Act 2006.