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ARTICLE · 15 NOVEMBER 2023

Section 83C update: Draft regulatory framework and new "Not-for-profit Guidelines for Non-government Schools" released for public consultation

For financial assistance, a non-government school in NSW must not operate for profit, (section 83C of the Education Act).

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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

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