The Memorandum of Understanding signed in June 2015 between the Australian Capital Territory (ACT) and the Association of Independent Schools of the ACT (AISACT) was established in part to outline the process of providing an Annual Assurance Statement regarding independent schools’ compliance with legislative matter that relate to schooling in the ACT. The MoU states:
“The Executive Director (of AISACT) will on behalf of an ACT independent school assure the Minister that all ACT independent schools have made the required statement of assurance indicating compliance with all legislation relevant to the running of schools including but not limited to:
- Education Act 2004 (ACT)
- Work Health and Safety Act 2011 (ACT)
- Australian Education Act 2013 (Cth)
- Australian Education Regulation 2013 (Cth)
- Children and Young People Act 2008 (ACT)
- Discrimination Act 1991 (ACT)
- Disability Discrimination Act 1992 (Cth)
- Racial Discrimination Act 1975 (Cth)
- Sex Discrimination Act 1984 (Cth)
- ACT Teacher Quality Institute Act 2010 (ACT)
- Working with Vulnerable People (Background Checking) Act 2011 (ACT)
- Education Services for Overseas Students Act 2000 (ESOS Act) (Cth)
- Education and Care Services National Law Act 2000 (Cth)
- Privacy Act 1988 (Cth)
- Information Privacy Act 2014 (ACT)”
The statement of assurance required to be signed by the Principal of each Independent School is provided below. Schools should place the statement on school letterhead, ensure the statement is signed by the Principal, and forward the statement to the Executive Director.
The agreed wording of the statement of assurance as specified in the MoU is:
I, [name of Principal], am of the opinion that [name of school] maintains evidence that the school is compliant with all relevant ACT and Commonwealth legislation, including but not limited to the ACT Education Act 2004, the Australian Education Act 2013 and ACT and Commonwealth legislation, regulations and standards relating to discrimination, privacy, health and safety, working with vulnerable people and mandatory reporting.
To assist schools in considering their compliance to legislative requirements, as outlined in the statement of assurance, the table is provided as a guide.
The list is not exhaustive, and will necessarily need to be considered in detail by each school.