Non-Government Schools Not-for-profit Advisory Committee

Independent Chairperson for the Non-Government Schools Not-for-profit Advisory Committee

NESA are seeking expressions of interest from individuals interested in joining the Non-Government Schools Not-for-Profit Advisory Committee (Advisory Committee) as it’s Independent Chairperson.

We welcome applications from people with significant leadership experience in the areas of education, not-for-profit regulation, other areas of regulation and compliance, governance and / or risk management.

Context

The NSW Government is the minority funder of non-government schools in NSW. The Commonwealth Government is the majority funder of non-government schools in NSW.

Non-government schools receive financial assistance (funding) from the NSW Government for the benefit of students at the school. Under the Education Act 1990 (NSW) (‘the Act’), a non-government school must not operate for profit and must comply with the provisions of the Act.

The Advisory Committee is a statutory committee established under section 83K of the Act. The Advisory Committee was established in 2015 to advise the Minister for Education and Early Learning (‘the Minister’) on the compliance of schools and their proprietors with the not for profit provisions of Act.

The Non-Government Schools Regulatory Directorate, within NESA, provides secretariat support to the Advisory Committee, coordinates the audit program and internal/external review processes, and works with the independent auditors to gather appropriate evidence related to compliance of non-government schools.

The Advisory Committee also proactively engages with stakeholders to increase awareness and understanding of not for profit compliance requirements and to minimise the risk of non-compliance.

The Non-Government Schools Not-for-profit Advisory Committee

The Advisory Committee provides advice and makes recommendations to the Minister to support the exercise of regulatory functions.

Under the Act the Advisory Committee’s role is to:

• advising the Minister on compliance with Part 7, Division 3 by non-government schools and proprietors of non-government schools (section 83K(2)(a));

• advising the Minister before the carrying out of an investigation, and in relation to that investigation (section 83H(2)&(5));

• advising the Minister in relation to any proposed Direction to a non-government school (section 83I(4));

• making recommendations to the Minister on the making of ‘for profit’ declarations (section 83D(2));

• making recommendations to the Minister on the making of ‘non-compliance’ declarations and on any consequent suspension or reduction of, or imposition of conditions on, the provision of financial assistance (section 83F(2)&(3);

• advising the Minister on the revocation of for profit declarations and non-compliance declarations (sections 83D(4) & 83F(5)); and

• advising the Minister on the Not-For-Profit Guidelines for Non-Government Schools before they are published (section 83L).

Other functions of the Advisory Committee include advising the Minister on investigations, on issuing not-for-profit guidelines, and advising on directions to non-government schools.

Purpose of the role

The Independent Chairperson is responsible for the leadership of the Advisory Committee.

The key responsibilities of the role of Chairperson are to:

• Make recommendations and provide advice to the Minister regarding non-government schools’ compliance with s.83C of the Act

• Make strategic decisions about the work undertaken by the Advisory Committee in collaboration with other Advisory Committee members.

• Represent the Advisory Committee and attend other education and awareness raising events as required.

Key Responsibilities

The Independent Chairperson is to lead the Advisory Committee in effectively discharging its duties under the Act. The roles and responsibilities of the Independent Chairperson include:

• Prepare for, attend and lead Advisory Committee meetings (meetings are generally held online six (6) times each year with out of session meetings for time-sensitive matters where required). This includes ensuring that all meetings are conducted appropriately and matters are properly considered.

• Engage, enquire and properly consider all matters before the Advisory Committee.

• Facilitate open and constructive communication amongst Advisory Committee members and encouraging their contribution in meetings.

• Liaise with members of the secretariat to support the effective functioning of the Advisory Committee.

• Acting as the official spokesperson for any business of the Advisory Committee.

• Adhering to all principles and expectations in the Advisory Committee’s Code of Conduct and Advisory Committee Charter.

• To act in good faith for the purpose of executing the Advisory Committee’s duties under the Act.

• Understand and demonstrate leadership and good governance.

Key Knowledge, Skills and Experience

• The Independent Chairperson must be independent of the non-government school sector and the NSW Government.

• Have significant leadership experience (10+ years) in the areas of regulation and compliance, risk management and /or governance.

• Understanding of the NSW non-government schools regulatory context.

• Awareness of and / or experience in not-for-profit regulation.

• Exceptional communication skills, demonstrated experience in articulating complex concepts and ability to put forward compelling arguments and rationales and experience in adapting communication styles to meet the needs of stakeholders when under pressure.

• Demonstrated capacity to work collaboratively at a highly advanced level for example, establish a culture and systems that facilitate information sharing, communication and learning, seek out and facilitate opportunities to engage and collaborate with stakeholders and identify and overcome barriers to collaboration

• Demonstrated experience and a commitment to delivering results in complex situations.

• Lobbyist or employees of a lobbyist are not eligible to be a member on the Advisory Committee.

Term and remuneration

The term of appointment is for three (3) years from, starting from mid-2025. The role is Part-Time.

This is a paid role and the remuneration amount is outlined in the NSW Government Public Service Commission remuneration guide under Committee classification (Group C, Level 3-iv). Current public sector employees are generally not eligible for remuneration for their role as an Advisory Committee member (some exemptions apply). The approved rate for the Chairperson is currently set at $50,000 (ex GST) per year.

83C Review Report Recommendations

In 2023 the NSW Government commenced a review of the 83C legislation of the Education Act 1990 (NSW). This legislation relates to the Advisory Committee and their functions. The report resulted in several recommendations relating to additional responsibilities and strengthening the role of the Advisory Committee. Due to these upcoming changes the Chairperson will be expected to help guide the Advisory Committee through these changes and help implement the new responsibilities.

The role of the Advisory Committee is being strengthened and new roles and responsibilities will be introduced. The Chairperson role is a great opportunity to help shape what the changes will look like within the Advisory Committee and how the recommendations can be implemented.

 

How to apply

If you wish to apply for this role please submit your resume and a cover letter of no more than 2 pages outlining how you meet the 'Key Knowledge and Experience' to [email protected] by the closing date.