Education Act 1989

35G Managers to be fit and proper persons

• (1) In assessing whether a person who is a manager of a school is a fit and proper person to be a manager of a school registered under section 35A, the following matters must be taken into account:

  • (a) any conviction for a serious criminal activity:

  • (b) any health problems that may affect the person's ability to comply with his or her obligations towards the school and its students:

  • (c) any adjudication of bankruptcy under the Insolvency Act 2006 or the Insolvency Act 1967, or prohibition from being a director or promoter of, or being concerned or taking part in the management of, a company under any of sections 382, 383, 385, and 386A of the Companies Act 1993:

  • (d) any previous cancellation under this Act or section 186 of the Education Act 1964 of the registration of a school of which the person was a manager:

  • (e) any serious breach of the person's statutory duties as manager of a school registered under section 35A of this Act or section 186 of the Education Act 1964:

  • (f) any conviction for an offence under section 35R:

  • (g) all other relevant matters.

  (2) If the manager of a school is—

  • (a) a company, the assessment under subsection (1) applies to its directors:

  • (b) an incorporated society or an incorporated trust board, the assessment under subsection (1) applies to its members.

  (3) When the management of a school registered under section 35A changes in its entirety or is transferred to a new entity, the new managers must give notice to the Secretary and an assessment under subsection (1) must be made of the new managers of the school.

  Section 35G: inserted, on 21 December 2010, by section 11 of the Education Amendment Act (No 3) 2010 (2010 No 134).