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Education Act 2011 - Education Regulations 2012

REPUBLIC OF NAURU

Education Regulations 2012
SL No. 2 of 2012

Table of Provisions
1 Citation
2 Commencement
3 Definitions
4 Fee for application for registration of non-government school
5 Fee for application for renewal of registration of non-government school
6 Partial refund on refusal of application
7 Transitional matter – calculation of fee for current school year

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Cabinet makes the following Regulations under section 114 of the Education Act 2011:

Notified on 25 June 2012

1 Citation

These Regulations may be cited as the Education Regulations 2012.

2 Commencement

These Regulations commence on the day they are notified.

3 Definitions

In these Regulations:

'new application fee' means the fee specified in the Schedule, column 2 opposite item 1;

'registration fee' means the fee specified in the Schedule, column 2 opposite item 3;

'renewal application fee' means the fee specified in the Schedule, column 2 opposite item 2.

4 Fee for application for registration of non-government school

For section 80(2)(b) of the Act, the fee for an application for registration of a non-government school is the sum of:

(a) the new application fee; and

(b) the registration fee.

5 Fee for application for renewal of registration of non-government school

For section 84(2)(b) of the Act, the fee for an application for renewal of registration of a non-government school is the sum of:

(a) the renewal application fee; and

(b) the registration fee.

6 Partial refund on refusal of application

(1) A person who has made an application for registration or renewal of registration of a non-government school is entitled to a refund of the registration fee paid by the person if:

(a) the Minister has refused the person's application; and

(b) the person's rights of review and appeal under Part 13 of the Act in relation to the decision to refuse the application have been exhausted.

(2) For subregulation (1)(b), a person's rights of review under Part 13 of the Act have been exhausted if:

(a) 28 days have elapsed since the person received notice of the decision, and the person has not made an application for review of the decision; or

(b) the person's application for review of the decision has been considered by the Minister and the Minister has affirmed the decision.

(3) For subregulation (1)(b), a person's rights of appeal under Part 13 of the Act have been exhausted if:

(a) 28 days have elapsed since the person received notice of the decision, and the person has not filed a notice of appeal; or

(b) the person's appeal against the decision has been considered by the Supreme Court and the Court has affirmed the decision.

(4) Subregulation (5) applies if:

(a) a person has received a refund of the registration fee paid by them; and

(b) the person has been granted an extension of time under section 107(2)(b) for making an application for review of the decision to refuse to register the school; and

(c) the Minister has set aside the decision.

(5) The person must pay the registration fee again before the school can be registered.

7 Transitional matter – calculation of fee for current school year

(1) In this regulation:

'current school year' means the school year in which these Regulations commence.

(2) A person who applies during the current school year for registration of a non-government school for a period that includes the current school year must, in respect of the current school year, pay half the prescribed registration fee.

Example for regulation 7(2)

A person who applies in July 2012 to register a non-government school to teach year levels 4, 5 and 6 for a term of 18 months (being the second half of the current school year and all of the next school year) must pay a total fee of $2,050, being: the new application fee ($250) plus half the registration fee for 2012 (3 year levels x $200 each) plus the full registration fee for 2013 (3 year levels x $400 each).

(3) This regulation expires on 1 January 2013.

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SCHEDULE – FEES

regulations 4 and 5

Example for the Schedule

If a non-government school is applying for a 2-year renewal of its registration to teach year levels 7, 8 and 9, the fee payable under regulation 5 is $2,600, being the renewal application fee, and $400 x 3 year levels x 2 years (the registration fee).