To be eligible for financial assistance, a non-government school
in NSW must not operate for profit, as defined in section 83C of
the Education Act 1990 (NSW). This requires the income and
assets of a school to only be used for the operation of the
school. Further, any payments by the school for property,
goods or services must be for the operation of the
school, for no more than reasonable market value and not
be in any other way unreasonable in the circumstances.
Last year, the NSW Department of Education announced it was
working to 'develop an outcomes and risk-based regulatory
framework' for the not-for-profit requirements under the Act
and it was also supporting a review of the current
Not-For-Profit Guidelines for Non-Government Schools
(2019). The purpose of the Guidelines is to assist non-government
schools in NSW with meeting the not-for-profit requirements. The
purpose of the review was to ensure that the current Guidelines
continue to provide necessary