declaration of a school’s not-for-profit status · web viewdeclaration of a school’s...

Declaration of a School’s Not-for-profit Status

How to use this declarationComplete this declaration if the school is applying to:• register for the first time, or• if the school was registered before 1 July 2007, amend its registration by including an additional campus or year

level.

PRIVACY DISCLAIMER

The VRQA requires all the information collected in this application for the purpose of registering schools under the Education and Training Reform Act 2006 (the Act). Once registered, some information about schools will be made available to the public on the State Register. Information may also be shared with other government organisations if required for their functions, in accordance with the Act. The VRQA is committed to handling all personal information securely in accordance with the Privacy and Data Protection Act 2014. To learn more about how the VRQA handles personal information, access the VRQA’s privacy statement on the VRQA website.

VRQA Declaration of a School’s Not-for-profit Status – June 2017 1

Statutory declaration Please complete the following

I, (full name)

of (address)

(occupation)

do solemnly and sincerely declare that:

1. Is the school established for the purpose of profit or gain?

Answer ‘No’ if the school is not established for the purpose of profit or gain as that concept is explained in this Guide and the Regulations. The constitution or governing documents of the school must specify that its assets and income be applied solely toward the conduct of the school.

☐ Yes ☐ No

2. Does the proprietor of the school conduct the school for the purposes of proprietor or any other person’s profit or gain?

Answer ‘No’ if the proprietor of the school does not conduct the school for the purposes of the proprietor or any other person’s profit or gain.

A proprietor of a school is not to be taken to conduct the school for the purpose of profit or gain if the proprietor makes a financial surplus in the course of the proper administration of the school.

☐ Yes ☐ No

3. Is any part of the profit or gain made in the conduct of the school distributed to any Entity?

Answer ‘No’ if no part of the profit or gain made in the conduct of the school is or may be distributed to any entity.

A proprietor of a school is not to be taken to conduct the school for the purpose of profit or gain if the proprietor makes a financial surplus in the course of the proper administration of the school.

☐ Yes ☐ No

4. Is any money and property received by the school or the proprietor of the school for the conduct of the school NOT applied solely towards the conduct of the school?

Answer ‘No’ if all money and property received by the school or the proprietor of the school for the conduct of the school is applied solely towards the conduct of the school.

☐ Yes ☐ No

5. Is the proprietor of the school a party to a Prohibited Agreement or Arrangement?

See Appendix 1 of the guidelines for the definition of a ‘Prohibited Agreement or Arrangement’. ☐ Yes ☐ No

6. Is the school a party to a Prohibited Agreement or Arrangement? ☐ Yes ☐ No

7. If the school is a non-government school, on the closure of the school, are any surplus ☐ Yes ☐ No


assets of the school remaining after payment of the school’s liabilities NOT required by the constitution or rules governing the school to be:• used by the proprietor of the school for providing education services to school-age children or

for other not-for-profit purposesor• given to a not-for-profit entity operating within Australia that provides education services to

school children or that has similar purposes to the proprietor?

Answer ‘No’ if the school is a non-government school, and on closure of the school, any surplus assets of the school remaining after payment of the school’s liabilities are required by the constitution or rules governing the school to be:• used by the proprietor of the school for providing education services to school-age children or

for other not-for-profit purposesor• given to a not-for-profit entity operating within Australia that provides education services to

school children or that has similar purposes to the proprietor.

8. Did you answer ‘No’ to questions 1-7?

By answering ‘Yes’ to this question, you are confirming that the school for which you are completing this attestation complies with the not-for-profit requirements of the Regulations.

If you answer ‘No’, it means your school does not comply with the not-for-profit requirements.

☐ Yes ☐ No

I acknowledge that this declaration is true and correct, and I make it with the understanding and belief that a person who makes a false declaration is liable to the penalties of perjury.

Declared at (location of signing)

in the State of Victoria, this (day), of (month), 20 (day, month, year)

x(signature of person making this declaration – to be signed in front of an authorised witness)

before me x (signature of authorised witness)

The authorised witness must print or stamp his or her name, address and title under section 107A of the Evidence (Miscellaneous Provisions) Act 1958 (as of 1 January 2010), (previously Evidence Act 1958), (e.g. Justice of the Peace, Pharmacist, Police Officer, Court Registrar, Bank Manager, Medical Practitioner, Dentist)


Persons who may witness statutory declarationsUnder section 107A of the Evidence (Miscellaneous Provisions) Act 1958, this statutory declaration can be signed by any of:

• a justice of the peace or a bail justice

• a public notary

• an Australian lawyer (within the meaning of the Legal Profession Act 2004)

• a clerk to an Australian lawyer

• the prothonotary or a deputy prothonotary of the Supreme Court, the registrar or a deputy registrar of the County Court, the principal registrar or a registrar or deputy registrar of the Magistrates' Court or the principal registrar or a registrar or deputy registrar of the Children’s Court

• the registrar of probates or an assistant registrar of probates

• the associate to a judge of the Supreme Court or of the County Court

• the associate of an Associate Judge of the Supreme Court or of an associate judge of the County Court

• a person registered as a patent attorney under Chapter 20 of the Patents Act 1990 of the Commonwealth

• a police officer

• the sheriff or a deputy sheriff

• a member or former member of either House of the Parliament of Victoria

• a member or former member of either House of the Parliament of the Commonwealth

• a councillor of a municipality

• a senior officer of a Council as defined in the Local Government Act 1989

• a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student)

• a person registered under the Health Practitioner Regulation National Law- (i) to practise in the dental profession as a dentist (other than as a student); and (ii) in the dentists division of that profession

• a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997

• a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student)

• a principal within the meaning of the Education and Training Reform Act 2006

• the manager of an authorised deposit-taking institution

• a person who holds a prescribed membership of a prescribed accounting body or association

• the secretary of a building society

• a minister of religion authorised to celebrate marriages

• A Victorian Inspectorate Officer within the meaning of the Victorian Inspectorate Act 2011

• a person employed under Part 3 of the Public Administration Act 2004 with a classification that is prescribed as a classification to which this section applies or who holds office in a statutory authority with such a classification

• an IBAC Officer within the meaning of the Independent Broad-based Anti-corruption Commission Act 2011

• a fellow of the Institute of Legal Executives (Victoria).


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