Management and Operations of the School - Al...

AL NOORI MUSLIM SCHOOL

Management and Operations of the School Policies & Documents

2018

Al Noori Muslim School Al Noori Muslim School

Management and Operations of the School

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AL NOORI MUSLIM SCHOOL LIMITED

Management and Operations of the School Policies and Documents

75 Greenacre Road Greenacre NSW 2190 T 02 9790 5726 F 02 9709 4122 E [email protected] Document Status

Rev No.

Author Reviewer Name Reviewer Signature Approved for issue Name

Approved for issue Signature

Date

0 John Hopman Ali Kak Fawaz Sankari

mailto:[email protected]

TABLE OF CONTENTS

SCHOOL GOVERNANCE NSW EDUCATION STANDARDS AUTHORITY (NESA) REQUIREMENTS ............................................. 1

THE CHAIRPERSON AND BOARD OF GOVERNANCE ............................................................................................................. 2

STRUCTURE ROLES AND RESPONSIBILITIES ......................................................................................................................... 3

MANAGEMENT AND OPERATION OF THE SCHOOL ............................................................................................................ 11

EVIDENCE OF COMPLIANCE 12

THE NSW EDUCATION STANDARDS AUTHORITY (NESA) MUST BE NOTIFIED OF CERTAIN MATTERS ................................. 15

EVIDENCE OF COMPLIANCE 16

CONFLICT OF INTEREST ..................................................................................................................................................... 20

RELATED PARTY TRANSACTION ......................................................................................................................................... 22

DETERMINATION OF ‘RESPONSIBLE PERSONS’ FOR SCHOOL BOARD POSITIONS .............................................................. 24

PROFESSIONAL LEARNING FOR NEW ‘RESPONSIBLE PERSONS’ ......................................................................................... 25

INTERNAL AUDIT ............................................................................................................................................................... 26

EXTERNAL INDEPENDENT ATTESTATION AUDIT OF ANNUAL FINANCIAL STATEMENT ....................................................... 27

FINANCIAL VIABILITY......................................................................................................................................................... 28

APPENDIX ......................................................................................................................................................................... 29

RESPONSIBLE PERSON DECLARATION \FIT AND PROPER STATUTORY DECLARATION 29

CONFIDENTIALITY AGREEMENT 31

AL NOORI MUSLIM SCHOOL RISK MANAGEMENT FRAMEWORK 32

AL NOORI MUSLIM SCHOOL LEGAL COMPLIANCE FRAMEWORK 33

PROFESSIONAL LEARNING REGISTER YEAR 2018 34

INDUCTION OF RESPONSIBLE PERSONS REGISTER 35

CONFLICT OF INTEREST DISCLOSURE STATEMENT 36

CHECKLIST TO HELP IDENTIFY CONFLICTS OF INTEREST 38

RELATED PARTY TRANSACTIONS DISCLOSURE LETTER 39

RELATED PARTY TRANSACTIONS REGISTER 40

RELATED PARTY TRANSACTIONS DISCLOSURE LETTER (EMPLOYEES) 41

RELATED PARTY TRANSACTIONS REGISTER (EMPLOYEES) 42

RESPONSIBLE PERSONS’ REGISTER 43



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SCHOOL GOVERNANCE NSW EDUCATION STANDARDS AUTHORITY (NESA) REQUIREMENTS

Al Noori Muslim School (the School), as a registered non-government school, meets the requirements

of the Education Act 1990 to:

have as its major activity the provision of education, either primary or secondary, as prescribed

by Regulations;

be responsible for an educational program based on the Board’s curriculum and assessment

requirements for registration and accreditation, and

have a Principal responsible for its day-to-day operation.



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THE CHAIRPERSON AND BOARD OF GOVERNANCE

The Al Noori Muslim School management body comprises five (5) Directors headed by the Chairperson

of the governing body. The Chairperson is responsible for the appropriate background checks to ensure

that nominated members are of good character and considered a ‘responsible person’ as defined by the

Act1.

The Chairperson will ensure that all board members are aware of the Responsible Person School Policy

and that each member signs the Responsible Person/Fit And Proper Statutory Declaration (Appendix-1).

The directors once nominated are informed of their legal responsibilities and are issued with a copy of

the Registered and Accredited Individual Non-government Schools (NSW) Manual.

The Chairperson is responsible for the appropriate (NESA approved) induction and training for new

‘responsible persons’ prior to taking up the role of ‘responsible persons’ or within three months of

becoming a ‘responsible person’ of the School.

The Chairperson of the Board of Directors of Al Noori Muslim School will provide and document the

processes for providing a return to NESA when changes occur as outlined in the Registered and

Accredited Individual Non-government Schools (NSW) Manual.

1 The Education Act defines a ‘responsible person ’ as:

The proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or

A member of the governing body of the school, or The Principal of the School.



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STRUCTURE ROLES AND RESPONSIBILITIES

The role of the governing body is primarily concerned with the governance of the school, including

such matters as long-term financial planning, administrative policies and accountability. In addition to

the normal statutory duties of being a company director, the code of conduct of each of the

‘responsible persons’ is as set by the Australian Charities and Not-for-profits Commission Act 2012.

These include:

Establish vision, mission and values

Set strategy and structure

Act with reasonable care and diligence

Act honestly in the best interests of the School and for its charitable purposes

Not to misuse their position as a responsible person

Not to misuse information they gain in their role as a responsible person

To disclose conflicts of interest

To ensure that the financial affairs of the School are managed responsibly

Not to allow the School to operate while it is insolvent

Structure and Authority

The structure of the Board is set out in figure 1. The Board consists of a Chairperson, Vice Chairperson,

Treasurer, Company Secretary and one member.

The Board is formed into three committees with the Treasurer heading the Finance, Risk and

Compliance Committee, the Vice Chairperson heading the Performance, strategic direction, legal and

communications Committee and the Chairperson heading the Nomination, remuneration, education

and induction Committee. Each committee has a minimum of three representatives. The Principal

will be included in the Nomination, remuneration, education and induction Committee and the

Performance, strategic direction, legal and communications Committee.

The Committees may include other relevant managers and school officers who are not on the Board.

Some Board members, officers and managers may be nominated for more than one committee.

Board Committees will meet generally prior to and on the same day as the Board and provide minutes

and reports to the Board as required. The Committees are part of the Board’s decision making process,

but they have no authority and no delegation to execute any actions arising out of their considerations.

The terms of reference of each of the committees is to undertake research, gather information,

analyze, make recommendations via reports to the Board and keep minutes on the issues which fall

within their scope of responsibility as detailed in their title.

Some issues may be considered by more than one committee. For example considerations relating to

projected growth in student numbers and the possible need for capital finance to purchase property or

conduct construction works in order to accommodate the growth, will require both, Performance,



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strategic direction, legal and communications committee and Finance, risk and compliance committee

input.

The outcome of such considerations may also require both these committee reviews to ensure in

signing any capital financial documents, the Board agrees and approves that all and any capital projects

need to be conducted in accordance with relevant regulatory requirements. The import of this

agreement and approval will reach from the risk of issue of expression and register of interest

documents through to construction and contractor control of projects across both committee

interests.

The Principal has the delegation and authority to manage the day to day operations required to

maintain the school facilities to enable the day to day functioning and routine operations of the school

education program. The Principal has the delegation and authority to perform this role. Authority and

delegation is described in the School Charter and Delegation Protocol.

Figure 1: Structure of the Board

Supervisory arrangements and procedures in relation to governance

The Principal manages the day to day educational operations of the School and provides reports to the

Nominations, remuneration, education and induction committee, but will also report governance

issues on education performance, strategic education direction and finance and compliance.

The Company Secretary arranges all governance matters pertaining to Board activities and maintains

all records, registers, audit results, correspondence and governance documentation. This includes but

may not be limited to:

Board and Committee meeting schedules, agendas and administration

Minutes, records, registers, audit reports, and plans

Correspondence, management and operation manuals and protocols documents

AL NOORI MUSLIM SCHOOL BOARD OF DIRECTORS

CHAIRPERSON VICE CHAIRPERSON

TREASURER, COMPANY SECRETARY, MEMBER

Finance, risk and compliance committee Nominations, remuneration, education and induction committee

Performance, strategic direction, legal and communications committee

Principal



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Roles and responsibilities The Al Noori Muslim School is governed by a Board with five ‘responsible persons’ who have the following roles and responsibilities:

Chairperson o Role. The Chairperson is the head of the governing body (the Board) and is the

authority within the governance structure with the role of leading, facilitating and encouraging Board Members in their duties.

o Responsibilities to: Chair Board meetings Ensure the proper working of the Board Act as the leading representative of the School Maintain proper Board, staff, student and stakeholder relations Initiate policy with the Principal Ensure an effective strategic planning system is in place Establish the basic principles, ethics, values and attitudes of the School Maintain probity in accounting, reporting and other aspects Monitor the Principal Ensure a sound management structure Perform background checks to ensure members nominated to the Board are

‘responsible persons’ Manage the induction of Board members Assess the performance of Board members Engage the external independent auditor to audit the School’s finances and to

validate the Register of Related Party Transactions

Vice Chairperson o Role. The Vice Chairperson is to understudy and assist the Chairperson and provide the

Board point of contact and liaison with the Principal. o Responsibilities to:

Understudy and assist the Chairperson Support the Principal in achieving the Key Performance Indicators for the

School’s education, finance, operational management and planning and strategic growth.

Assist the Company Secretary coordinate and administer the Board including ensuring an agenda and Board papers are issued in a timely manner and the recording and distribution of Minutes are provided to members.

The proper functioning of the Boards committees Develop with the Principal and the Board the Schools strategic direction Chair the Board’s Performance, strategic direction, legal and communication

Committee

Treasurer o Role. The Treasurer heads the Boards Finance, Risk and Compliance committee and

represents all aspects of the School’s finances to the Board o Responsibilities to:

Maintain knowledge and management of the School’s financial matters



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Ensure the achievement of the Schools Key Performance Indicators for financial management

Assist in negotiations of contracts Manage the School Board’s Finance, Risk and Compliance Committee Assess the benefits of prospective contracts Ensure controls are established for financial documentation approval and that

reporting passes the external independent audit and the NESA requirements Oversee the management, coordination and documentation of all financial

reporting including budgets and balance sheets and reporting to the Board and external authorities

Oversee all purchasing and payroll activity Develop and maintain systems to safeguard financial assets and oversee the

activities of the external independent auditor Monitor banking and ensure adequate cash flows are available to meet the

School’s needs Oversee all insurances and health care coverage for the School Maintain an inventory of the fixed assets of the school

Company Secretary o Role. To support the Board by recording all directions and decisions and maintaining

registers and filing on all Board matters. o Responsibilities to:

Prepare and maintain Board and Board Committee meeting schedules Issue Board and Board Committee Agendas Administer Board and Board Committee meetings Maintain Board minutes and register the minutes of Board Committee meetings Maintain the following registers:

Board member ‘responsible persons’ , skills, knowledge and experience and background checks

Responsible person declarations

Confidential agreements

Governance policies and procedures

Risk management framework

Related party transactions

Legal compliance framework

Professional learning

Induction of ‘responsible persons’

Conflict of interest disclosure

Related party transactions disclosure

TAA Accreditation at Proficient Level File

Maintenance of Teacher Accreditation File

TAA Complaints and Grievances register Maintain correspondence and other records pertaining to the Board for a period

of seven years.



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Non-Executive Board Member o Role. The non-executive Board member has the role of assisting the Company Secretary

in coordinating and managing and participating in Committees as directed by the Chairperson and participating in all Board meetings.

o Responsibilities to: Support all aspects of the management and proper functioning of the Board Provide independent advice on Board governance issues Undertake additional responsibilities as directed by the Chairperson

In addition to the members of the Board, the School has a manager imperative for the successful functioning of the education program and learning of the students and the operation and maintenance of the School facilities and infrastructure, finances and strategic development. This manager is the: School Principal

o Role. The Role of the School Principal is delegated by the Board and is the key member of School management. The Principal’s role is to raise student achievement, promote equity and excellence, create and sustain quality teaching conditions, influence and develop community expectations and government policy, contribute to the national and international standards of education and the health, welfare, safety and security of students and teaching staff. In addition the Principal is to manage the day to day function of the School ensuring the education facilities are available and properly maintained and infrastructure and resources are in place for the safety and security of staff and students.

o Responsibilities to: Implement the curriculum, teaching and learning programs Assess these programs Select and supervise staff including their professional development Maintain registers of enrolment and daily attendance Attend Board and Board Committee meetings as and when required. Develop the Key Performance Education Indicators with the Board and achieve

these as per the School plan and compared to the external results testing regimes

Provide a safe, secure and healthy learning environment that promotes and nurtures a sense of self-worth, discipline, encourages continuing growth within Islamic values and demonstrates care and compassion, doing your best, fair go, honesty and trustworthiness, integrity, respect, responsibility, understanding, tolerance and inclusion

Provide student welfare Provide consistent and high quality reporting to the Board Maintain the quality of school teaching staff including its continuing training,

learning and growth. Manage the day to day operational aspects of the School Maintain buildings, facilities and infrastructure Support the provision of resources and equipment Support to the education management of the School Support the coordination and administration of the Board



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In order to satisfy its legal obligations, manage risk, provide strategic guidance and monitor

performance, the following procedures are in place:

The Chairperson of the board will be responsible for reporting every six (6) months on

the performance of the board which will be judged on the following:

Maintaining audit and financial compliance standards (generally through auditor

reports)

Minimising risks to the school

Setting and maintaining school strategic direction and the regular refreshment of

school plans for the future

Communication with the School stakeholders and regulatory authorities

The Principal’s performance will be judged on the following achievements:

The KPI for education set by the board through the School plan and as recorded

in the comparative external results testing (NAPLAN, HSC)

A safe, secure, healthy learning environment that promotes and nurtures a

sense of self-worth, discipline, encourages continuing growth within Islamic

values and demonstrates care and compassion, doing your best, fair go, honesty

and trustworthiness, integrity, respect, responsibility, understanding, tolerance

and inclusion

Consistent and high quality reporting to the board

Maintenance of the quality of School teaching staff including its continuing

training, learning and growth

The KPI for the school financials

Support to the education management of the School

Maintenance of the integrity of the School’s procurement system and its

compliance with standards

A code of conduct for the School’s ‘responsible persons’ where each person is to:

Act honestly, in good faith and in the best interest of the school

Conduct business with a duty of care and due diligence

Use the powers of their office for the proper purpose of the school

Recognise their primary responsibility is to the school guarantors, teachers,

students and support staff

Make proper use of acquired information

Take proper action in regards to the advantage of their position

Ensure they do not allow personal interests, or interests of associated persons,

to conflict with the interest of the school (see section on ‘Conflict of Interest’)

Act independently in their judgment and take all reasonable steps to be satisfied

with the soundness of their decisions



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Treat confidential information received in the course of exercising their duties

with care so that its nature remains the property of the person or company from

which it came, unless that disclosure has been authorized by the person or

company or is required by law

Ensure their conduct is not likely to bring discredit on the school

Maintain confidentiality and sign a Confidentiality Agreement (Appendix-2) at

the first Board meeting every year.

Risk Management

The Principal has the responsibility to identify School risks. The board needs to determine the

School tolerance to those risks and to ensure that an effective framework is in place to manage

the risks. The Chairperson has the responsibility to monitor School risks and in particular:

Strategic risk (population, location, project completion etc.)

Regulatory and reporting risk (government grants, studies requirements,

education reforms etc.)

Financial risk (liquidity, interest rates, investments, creditors and debitors)

Legal risk (project contracts, due diligence, duty of care)

Operation risk (people occupational health, safety, security, processes,

infrastructure, technology, systems)

Major project risk

Performance risk

Reputation risk

Risk Management Procedure

As identified in the School’s Risk Management Plan, any risk to the safety, security,

management or operation of Al Noori Muslim School may be identified by any Board member

or member of the staff, students or employees. It is the responsibility of all staff to be proactive

in Al Noori Muslim School risk management and to use the register of risks to bring attention to

risk issues and manage the process. The register of these risks is to be kept by the Finance, risk

and compliance Committee in accordance with the Risk Management Framework Item 3 in the

Appendices to this policy.

The risk management process consists of identifying, analyzing, treating, monitoring and

reporting identified risks. Specifically the identification of a risk event should be related to

issues which may prevent or delay the achievement of Al Noori Muslim School strategic goals

and objectives. Identification should note the risk event and outline the person responsible to

ensure the risk is effectively managed.

Analysis of the event will normally take place at the Board but may be commenced at any

management level. The cause of the event will be outlined, its impacts examined including

consequences or outcomes of the event. If existing treatments are in place, which may include

administrative action or physical barriers, these will be implemented. Alternatively if the risk is

new, methods of treating the event will be determined. The chance that the risk will occur and



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the consequences of the event if it does occur, will be estimated and a rating given to define

the magnitude of the risk.

The treatments that will be implemented, either in the short term or long term, to prevent and

or mitigate the risk event, should be proportional to the risk rating. Once the treatment has

been implemented it will become part of normal Board business to monitor and evaluate the

effectiveness and appropriateness of the treatment. Management will then provide reports

and updates in order to assure the Board and key stakeholders that the risks are being

appropriately managed and treated.

The Risk Management Framework is to be reviewed by the Finance, risk and compliance

Committee on a quarterly basis and any changes to the Framework are to be raised with the

Board at the next scheduled meeting. The Risk Framework register is to be part of Item 1 raised

at the beginning of each Board meeting by the Chairperson.

Legal Compliance Procedure

The Performance, strategic direction, legal and communications Committee of the Board will be

responsible for the review of this framework and consideration of the ways in which the School

is complying with the requirements.

The Company Secretary is responsible for assembling the relevant documentation. The

committee will review the Legal Compliance Framework, (Appendix 4 ) twice yearly and

consider any new legislation or direction for inclusion, identify any additional requirements for

compliance, re-evaluate those identified as ‘responsible persons’ and record any reviews or

comments.

The Legal Compliance Framework is to be raised as a Board meeting Agenda Item 1 at each

meeting by the Chairperson to be reviewed as to its currency and completion.

The Chairperson is responsible and required to:

Enquire of management and the external auditors about their risk identification

and management strategies and understand the risks and exposures and assess

the steps taken to minimize such risks

Formulate an appropriate Risk Management Framework (Appendix-3) to address

the identified risks where not covered by the Principal’s risk management plans

Formulate an appropriate Legal Compliance Framework (Appendix- 4) in order to

reduce any risk of non-compliance

Consider and review:

o The adequacy of management internal controls

o Any significant findings of management and the external auditors

on the control of risks



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o Monitor and review annually and report the effectiveness of the

risk management plans and adjust policy as necessary

o Review the scope of any internal auditing team conducting

independent audits of the risks to the School

The Company Secretary is responsible and required to amongst other tasks:

Prior to all Board meetings issue a formal agenda and where appropriate discussion documents

to be received by each Board member one week before the meeting

Provide additional same agendas and documents for Board members at the meeting

Record the Minutes of the meeting and distribute these to the Board members subject to

approval by the Chairperson no later than one week after each meeting

Record in the Registry a copy of the Agenda and Minutes of each and every meeting including

Agenda and Minutes of each Committee meeting.

MANAGEMENT AND OPERATION OF THE SCHOOL

The requirements are set out in the Registered and Accredited Individual Non-government Schools

(NSW) Manual.

Each person defined under the Act as a ‘responsible person’, and any other person or body exercising

similar functions in relation to the school as those of a ‘responsible person’, is of good character.

The Act defines a ‘responsible person’ as:

the proprietor of the school and, if the proprietor is a corporation, each director or person

concerned in the management of the school, or

a member of the governing body of the school, or

the principal of the school.

Operating procedures for Board Meetings

Board meetings are to be properly scheduled and constituted with agenda and board papers being issued by the Company Secretary in a timely manner. At the commencement of each Board meeting, Agenda Item 1, the Chairperson is to check the Registers to ensure:

Each ‘responsible person’ present has completed a declaration

Each ‘responsible person’ present has signed a confidentiality agreement

That each ‘ responsible person’ is aware of his or her responsibilities

The risk management framework is up to date

The legal compliance frame work is up to date

The Professional Learning Register is present

The Induction of ‘responsible persons’ to the Board is up to date



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Board members are to declare whether or not in relation to the matters to be discussed at this meeting they can foresee any conflict or perceived conflict of interest. If so, the register needs to be updated.

Agenda Item 2 for the first Board meeting of each school year should be a discussion by the Board on which areas of professional learning are relevant to the needs, skills and experience of its ‘responsible persons’ especially in relation to mandatory learning requirements for compliance, risk management, finance, legal obligations, conflicts of interest, related party transactions and education. The Board should identify the mandatory completion of a minimum twelve(12) hours of professional learning with regard to governance issues for each responsible person for the school over each three (3) year period and record this requirement in on Appendix 5 update for the company secretary to arrange. Any governance decisions and actions discussed and agreed to be taken by the Board are recorded in the Minutes of the Board meetings. The Vice Chairperson is responsible for following up any governance actions to ensure they have been completed. Completed action is to be brought to the attention of the Board as an agenda item at the subsequent meeting. At the end of each Board meeting as the last item on the Agenda the Chairperson is to draw the attention of Board members to the most up to date Schedule of Board Meetings and ascertain whether or not they have any difficulty in attending.

EVIDENCE OF COMPLIANCE

Al Noori Muslim School has in place processes of notification and disclosure by which it can provide

assurance to NESA that each person defined under the Act as a ‘responsible person’, and any other

person or body having similar functions in relation to the management or operation of the school as

those of a ‘responsible person’, is of good character. The Chairperson is responsible for the appropriate

background checks to ensure that nominated members are of good character and considered a

responsible person as defined by the Act.

The Chairperson will inform the School’s ‘responsible persons’ of their responsibilities at the first Board

meeting of the school year. The minutes of the meeting will record this action. Should a new ‘responsible

person’ be added to the Board during the school year the Chairperson will inform the new ‘responsible

person’ of their responsibilities at the first Board meeting after the person is appointed and meets with

the Board. The minutes of the meeting will record this action.

The Chairperson will notify NESA if a nominated member is found not to be a ‘responsible person’ as

defined by the Act or a current member ceases to be a ‘responsible person’ as defined by the Act. All

nominated members will need to sign the ‘Responsible Person Declaration’ and at the beginning of each

School Board meeting, the Chairperson will ask all members and the Principal of the School whether they

have anything to declare as a responsible person for the School in relation to the Required Matters.



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POLICIES AND PROCEDURES FOR CONDUCTING CAPITAL WORKS

________________________________________________________________

Al Noori Muslim School has specific policies and procedures for the purchase of property and the development of school facilities. These policies and procedures incorporate the requirements of the Association of Independent Schools (AIS) Block Grant Authority (BGA), Version:2013(2) and The Procurement Manual of the Department of Education NSW, Version 4.2 of 28 September 2015 including the eTendering Guidelines – DOC 12/444975 Version 1.3, 27 July 2015 and the Tendering Guidelines for NSW Local Government – October 2009. Approval requirements The Board Charter and Delegation Protocol directs that all property purchases and projects be authorised by the Board. Proposals to purchase or develop property when put to the Board must be; accompanied by an education needs assessment identifying and valuing any land or education facilities to be constructed, in line with the School Strategy and Master Plan, and supported by a business case in line with budgetary constraints. Tender processes Proposals authorised to proceed to purchase or develop property are to be returned to the Board for endorsement at regular intervals to coincide with the following stages of the project:

Market analysis, contract management plan, risk analysis and budget estimate; Procurement strategy, tender process and plan for evaluation; Project management plan, risk management plan, quality management plan, schedule and cost plan,

tender documentation (may include a plan to obtain a project manager and consultants), drawings and specifications and tender evaluation plan;

Tender evaluation report, negotiation plan, budget payment schedule, variation plan; Award and execution of the contract/s and notification of unsuccessful tenders of the results.

Delegations As directed in the Charter and Delegation Protocol all fixed asset capital projects and land purchases must be approved by the Board. A project manager will be engaged for projects of value = to or > $75,000. Fixed asset projects of a total value between $1,000 and $100,000 may be delegated to the Treasurer and the Principal to jointly sign off and authorise payment schedules for contractors. Scheduled, budgeted, or phased works completed payments, of projects of total value less than $100,000, may be recommended by the project manager and authorised by the Treasurer and Principal jointly signing approval. Under all other circumstances the Board must endorse and authorise payments subject to a recommendation by an appointed project manager. Conflicts of interest and related third party transactions These are to be treated in accordance with this Management and Operations of the School Policies and Documents. Execution of the works in relation to construction After signing the contract and where a project manager has been appointed a project implementation plan will be prepared including updating the:

Project management plan; Risk management plan; Quality assurance plan; Schedule and cost payment plan; Budget and contingency allowances; Benefit reporting plan and contractor performance reporting;



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Project compliance plan (auditing and compliance reporting on the project policies and procedures to the Board on a schedule or meeting basis); and

Facilities maintenance plan. When endorsed by the Board the implementation plan will be executed and in accordance with the audit and compliance plan the project will be monitored and reported to the Board providing evidence of policy and procedure compliance. Milestones of Practical Completion, Commencement of Defects Liability Period and Final Completion Payment will be recommended to the Board for authorisation. On completion by the contractor the project manager will arrange for an occupancy certificate (if applicable) and complete all financial statements. A certificate by the project manager/architect or building supervisor will be provided to the Board and for projects of greater than $75,000 a certificate from an independent qualified accountant confirming the following will be provided:

The final expenditure of the project The project was completed as approved Any grant moneys were spent only on the project.

Subsequently, the Board may seek for the project manager to report on the performance of the consultants, contractors and or head contractor on the project and the Al Noori Muslim School policies and procedures for project procurement and these reports may be lodged with the Company Secretary in a register.


In the role of the point of contact and liaison with the Principal and in undertaking the responsibility of supporting the Principal in planning and strategic growth, the Vice Chairperson is the key responsible person for conducting policy and procedures monitoring for land purchases or capital works. The Vice Chairperson will be responsible for ensuring the approval requirements of projects are met by property purchasers or capital project proponents as proposed to the Board. Subsequently the Vice Chairperson is responsible for monitoring and controlling the policies and procedures of the tender process and responsible and accountable to the Board for ensuring close liaison with the Treasurer throughout the execution process and finalisation of the projects’ financial and quality certification. Should a project or land acquisition be approved to proceed after meeting the approval requirements the Vice Chairperson will be the responsible person for organising regular monthly or Board meeting progress reports on monitoring and compliance with the land acquisition and capital works policies and procedures. The reports will be recorded in a register to be maintained by the Company Secretary.



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THE NSW EDUCATION STANDARDS AUTHORITY (NESA) MUST BE NOTIFIED OF CERTAIN MATTERS

1. The Act requires that any person defined as a ‘responsible person’ under the Act (and any other

person or body exercising similar functions in relation to the management and operation of the

school) be a fit and proper person and be able to carry out their responsibilities in relation to the

operation of the School. Specifically, the Act requires that the Authority be notified if a person

defined as a ‘responsible person’ under the Act:

is convicted of an offence that is punishable by imprisonment for twelve (12) months or

more, or

becomes bankrupt, applies to take benefit of any law for the relief of bankrupt or insolvent

debtors, compounds with his or her creditors or makes an assignment of his or her

remuneration for their benefit, or

if the person is a corporation – is the subject of a winding up order or has had a controller

or administrator appointed

the Authority is also to be notified if the school’s proprietor or a ‘responsible person’ or

governing body of the school determines that a ‘responsible person’ (or other person or

body having similar functions as a responsible person in relation to the school) or governing

body of the school is not fit and proper.

In the above circumstances the Act requires that a ‘responsible person’ for the School notify the NSW

Education Standards Authority (NESA) and at least one other ‘responsible person’ of the circumstances

surrounding the conviction, bankruptcy, insolvency, winding up order or appointment of the controller

or administrator as soon as practicable after it occurs. The Chairperson of the School Board will notify

NESA as soon as practicable when such matters occur by telephone if within working hours or by email

if out of working hours. The Chairperson will follow up this notification with a formal letter of

confirmation within five working days.

Notifications in relation to the above is subject to the NESA Privacy Management Plan.

2. The Act also requires the NESA and at least one other ‘responsible person’ to be notified if a

‘responsible person’ (or other person or body having similar functions as a responsible person in

relation to the school) becomes a mentally incapacitated person and becomes

a patient at an institution because of that incapacity, or

a protected person under the NSW Trustee and Guardian Act 2009

The Chairperson of the Board of Directors of Al Noori Muslim School will notify NESA as soon as

practicable when such matters occur. Notifications in relation to (2) are subject to the NESA Privacy

Management Plan.

3. The Act requires that the Minister be notified if the School moves or is sold. To comply with this

requirement the Chairperson of the Board of Directors of Al Noori Muslim School will notify NESA:



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if Al Noori Muslim School or part of the School proposes to move to new premises, written

notice is to be given by the proprietor and/or the Principal of the School to NESA at least

three (3) months before relocation. This particularly relates to moving premises and

buildings connected with the teaching of courses of study, the amenities for teachers and

students participating in those courses of study and boarding facilities provided for students

by the School.

if the legal entity that owns Al Noori Muslim School is sold, written notice of the sale is to be

given by the purchaser to the NESA within seven (7) days of the completion of the sale.

For the purposes of this section of the Act, relocation or new premises means any site where the street

address of that site is different to, or in addition to, the street address at which the School is currently

registered on the Certificate of Registration.

4. The Act also makes provision for schools to provide returns to the Board. Specifically, the

proprietor or the principal of a registered non-government school must provide returns to NESA

concerning the requirements for registration in relation to the school in a form, and at times,

approved by the Board for that purpose. The approved form may require that the matters specified

in any such return are certified.

To comply with the requirements detailed in (1), (2), (3) and (4) above, such notification will be

forwarded to the Office of NESA by the Chairperson of the Board of Directors of Al Noori Muslim

School within the required time.


The Chairperson of the Board of Directors of Al Noori Muslim School will ensure that:

the proprietor of the school, and, if the proprietor is a corporation, each director, trustee or

person concerned in the management of the school

each member of the governing body of the school, and

the Principal

are informed of their responsibilities under the Act, any Regulations under the Act and the Board of

Studies requirements, including any duties of disclosure or notification. The directors once nominated

are issued with a copy of the Registered and Accredited Individual Non-government School (NSW)

Manual and are required to sign the Responsible Person Declaration. The Chairperson will ensure that

there are appropriate procedures for the ongoing professional development of ‘responsible persons’

both current and new to their positions as ‘responsible persons’ of Al Noori Muslim School and that

they have the relevant qualifications, skills and experience for governing the school properly (refer to

Professional Learning Register and Induction Policy, Appendix 5 and 6).



P a g e | 17

The Principal of Al Noori Muslim School will provide a return to NESA if, following an investigation by a

relevant agency or authority, the school is formally notified in writing by that agency or authority of an

alleged breach by the school of any of the following legislation:

Ombudsman Act 1974

Child Protection (Working With Children) Act 2012

Children and Young Persons (Care and Protection) Act 1998

Teacher Accreditation Act 2004

Disability Discrimination Act 1992

Work Health and Safety Act 2011

Environmental Planning and Assessment Act 1979

Food Act 2003

Explosives Act 2003

Building Code of Australia

Such notification must be provided to NESA by the Principal within fourteen (14) working days of the

formal notification of an alleged breach. The notification will be forwarded to the Director, School

Registration and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email

([email protected]).

The Principal of Al Noori Muslim School will provide, and document his process for providing a return

to NESA when changes occur to the:

Management and operation of the School

o Where a notification in relation to a ‘responsible person’ is required (see section 3.9.5

(1) and (2) of NESA Manual), the notification will be forwarded to the Director, School

Registration and Accreditation, GPO Box 5300, Sydney, NSW 2001 or by email

([email protected])

o Commencing from 1 July 2016, where a ‘responsible person’ for the school commences

or ceases in the role of a ‘responsible person’, NESA will be notified within twenty-eight

(28) days of the change by updating the school’s details on RANGS Online

o Where a notification in relation to financial viability is required (see section 3.9.4 of the

NESA Manual), NESA will be notified within one (1) month of such change(s)



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o Where there has been an appointment of a new principal (or equivalent), or a change in

contact details for the school’s existing principal (or equivalent), NESA will be notified

within one (1) month of such change(s)

o Where there has been a change in the contact name or contact details for a registered

campus, NESA will be notified with one (1) month of such change(s)

o Where a school’s existing proprietor changes its name or contact details, NESA will be

notified within one (1) month of such change(s)

o Where the school intends to change its name, or the name of registered campus, NESA

will be notified at least one (1) month prior to such change taking effect

o Where there has been a change in the school’s postal address or other contact details,

NESA will be notified within one (1) month of such changes

o Where the school closes or ceases to operate (see section 2.4.9 of the NESA Manual),

NESA will be notified within one (1) month of the change

o Where the School has been sold, written notice is to be given by the purchaser to NESA

within seven (7) days of completion of the sale

o Where the School’s proprietor changes for any other reason, written notice is to be

given by the new proprietor to NESA within seven (7) days of the change

Staffing of the School – where there is turnover of half or more of the teaching staff during

any twelve (12) month period, NESA must be notified at the commencement of the next new

term

Curriculum – where the School:

o Increases the scope of its curriculum by teaching one or more courses in a KLA from

which it has not previously taught any courses, NESA must be notified within one (1)

month of such a change being implemented

o Intends to deliver additional Years of schooling at a registered campus, NESA will be

notified at least three (3) months prior to the implementation of such a change

o Intends to decrease the Years of schooling it delivers at its main site or at a registered

campus, NESA will be notified within one (1) month of such a change being

implemented

o Intends to deliver all or a significant part of students’ courses of study by means of

distance education, NESA must be notified at least nine (9) months prior to the

implementation of such a change. This excludes situations where a school that does not

normally deliver courses by means of distance education provides units of



P a g e | 19

work/activities for a student who had been granted leave by the principal and/or

courses of study that its students access through outside tutors or external providers

Premises and building – where the School intends to

o Add another campus, NESA must be notified at least three (3) months prior to the

implementation of such a change

o Move to a new site, NESA will be notified by the principal (or equivalent) and/or

proprietor of the school three months prior to relocation

o Close or cease operating a campus (see section 2.4.9 of the NESA Manual), NESA must

be notified within one (1) month of such a change



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CONFLICT OF INTEREST

A conflict of interest exists where there is a divergence between the individual interests or those of a

relative or close associate, of a ‘responsible person’ and their professional obligation to the School such

that an independent observer might reasonably question whether the professional actions or decisions

of that ‘responsible person’ are influenced by their own interests or are for their own benefit. It should

be noted that enmity as well as friendships can give rise to perceptions of a conflict of interest and

similarly that detriment to a third party can give rise to a conflict of interest just as much as benefit to a

third party. Such conflicts exist whether they are actual perceived or potential, including, but not limited

to, related party transactions discussed above.

Al Noori Muslim School management body (‘responsible persons’) must ensure they do not allow

personal interests, or interests of associated persons, to conflict with the interests of the School. They

must observe high standards of ethical behaviour and avoid any activity or interest that might reflect

unfavourably upon the integrity and the good name of the School. ‘Responsible persons’ have an

obligation to avoid unacceptable ethical, legal, financial or other conflicts of interest and to ensure that

their activities and interest do not conflict with their obligations to, or the welfare of, the School.

General procedures for dealing with conflicts of interest:

a. Disclosure Statement

All responsible persons are required to complete a Conflict of Interest Disclosure Statement (Appendix-

7 ) at the time they take up their role with the School whether or not they have material conflicts to

disclose; and

update this Statement annually at the start of the School year; and

where their circumstances have changed since the existing disclosure was submitted, complete

an updated statement.

Other members of staff and other persons working for the School, such as volunteers, are required to

complete a Conflict of Interest Disclosure Statement if they have a material conflict.

b. Register of Interests

The Conflict of Interest Disclosure Statements will be recorded by the Company Secretary and filed to

update the Register of Interests.

This Register will be formally tabled at every Board meeting. The School will ensure that declarations of

conflict of interest are retained for at least seven years.

c. Procedures for mitigating a declared conflict during decision making

If any Board member or a member attending the Board identifies that a person attending the Board

meeting has a conflict or a material interest or a perceived conflict or might have a potential conflict of

interest relating to a matter being considered for decision, that member must raise the issue. The

Board will note and acknowledge the conflict.



P a g e | 21

If a conflict or a material interest is noted, the Chairperson will request the applicable affected director

or Principal with the conflict to exclude themselves from the meeting room and hence from discussion

or vote and not to return until a decision is taken on the matter at hand. If the conflicted person is the

Chairperson, the Vice Chairperson will assume the chairing of the meeting and request the Chairperson

to exclude him or herself from the meeting room and from discussion or vote and not to return until a

decision is taken on the matter.

The conflict of interest is to be recorded in the minutes.



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RELATED PARTY TRANSACTION

In the context of Al Noori Muslim School, a ‘related party transaction’ includes any transaction through

which a ‘responsible person’ for the school acting on behalf of the school provides a financial or other

tangible benefit to a related party (such as themselves or another ‘responsible person’ for the School or

their spouse, other relatives or close associates and other related organisations). As a related party

transaction involves conflicts of interest or material personal interests, Al Noori Muslim School has the

following policy and procedures for financial management including a register of all related party

transactions which is validated by an external independent auditor.

A. Procedures

i. Overview

The School’s procedures are that:

a. all related party transactions and payments will be conducted on an arm’s length basis to

ensure that a financial benefit is not given to a related party;

b. the process surrounding those transactions must be transparent and fully documented

including the maintenance and audit of a register of related party transactions; and

c. Board approval must be obtained for all related party transactions and payments

recognising that the Board can delegate this approval in respect of a class of transactions

and on such terms and conditions as the Board sees fit.

ii New transactions

Where the School proposes to enter into a related party transaction, the following procedure applies:

The relevant responsible officer must inform the Vice Chairperson about the proposed

transaction, including the proposed parties and how they are related, details of the proposed

transaction and where arm’s length terms may be evidenced;

The Vice Chairperson will review the transaction and consider external legal advice where

appropriate in considering the transaction;

The Vice Chairperson will inform and advise the Board of the proposed transaction and obtain

the Board’s approval for the School to undertake the transaction or approval in respect of a

class of transactions;

A Register of all Board approvals in respect of related party transactions shall be maintained by

the Company Secretary and it shall include details of the nature of the transaction, the date of

the approval and any key conditions to which the approval is subject; and

When Board approval is obtained, the transaction must proceed in accordance with any

procedures and conditions outlined by the Board.



P a g e | 23

iii Annual review

At the beginning of each school year, the Chairperson will write to all ‘responsible persons’ a letter

seeking their disclosure of any related party transaction. (Appendices 8 and 9).

The Register of Related Party Transactions will be updated by the Company Secretary to reflect any

disclosures throughout the year, as part of each Board meeting procedure and will be submitted to the

external independent auditors for review and validation as part of the annual financial accounts audit.

iv Retention of records

The School will ensure that records of related party transactions, including the registers and audit

reports thereon, are retained for at least seven years.

B. GUIDANCE NOTES IN RESPECT OF RELATED PARTY TRANSACTIONS

Who is a related party?

For the purposes of these procedures, the following persons are considered related parties of the School:

a. all responsible persons and b. entities controlled by these persons.

A person or entity is also a related party of the School at a particular time if the person or entity:

was a related party at any time within the previous 6 months; or

the entity believes or has reasonable grounds to believe that it is likely to become a related party of the School at any time in the future.

What is a financial benefit?

The legal definition of the term ‘financial benefit’ is broad. A non-exhaustive list includes:

a. providing finance or property to a related party; b. buying or leasing an asset from or selling an asset to a related party;

c. supplying or receiving services from the related party; d. issuing securities or granting options to the related party; and e. taking up or releasing an obligation of the related party.

A financial benefit includes giving a financial benefit indirectly through an interposed entity and does not require the payment of money. For the purposes of this Policy, reasonable remuneration within parameters approved by the Board is excluded from the definition of “financial benefit”.

What makes a transaction “at arm’s length”?

A transaction is at arm’s length if the relevant parties have dealt with each other as parties normally do

when they are not related, so that the outcome of their dealing is a matter of genuine bargaining, and although not necessarily technically an open market price, the terms are those that might reasonably have been agreed between arm’s length parties.



P a g e | 24

DETERMINATION OF ‘RESPONSIBLE PERSONS’ FOR SCHOOL BOARD POSITIONS

The aim of the Al Noori School Board is to ensure the best education for the students learning at the

School. This requires tasks of attracting and recruiting high quality teaching staff and appropriately

remunerating them within budget constraints. There is also a need to recruit staff to provide the

management and operation of the Schools facilities and infrastructure to support the learning process.

In performing the above tasks the School must comply with the requirements set out in NESA including

financial reporting and compliance and identification of risks and their mitigation.

The School needs to keep records of its performance against education and learning targets set

externally and internally. It also needs to manage the expectations of students and parents that this

learning environment will be safe, secure and healthy, promoting and nurturing the welfare of the

students and a sense of self-worth, discipline, encouraging continuing growth within the Islamic values.

For this to occur the Board needs ‘responsible persons’ who can assist in the following roles:

Nomination, education and remuneration

Audit , risk and compliance

Performance, strategic direction, development, legal and communications

‘Responsible persons’ able to contribute to the nomination, education and remuneration of high

quality teaching staff will likely have a professional education, human resources or industrial relations

background. Audit, risk and compliance ‘responsible persons’ may have experience in matters financial

such as professional accounting or be health and safety trained such as work health and safety officers,

or have equipment operation and maintenance experience. Professional managers, lawyers,

engineers, public relations and education strategy ‘responsible persons’ could assist with evaluating

performance, setting strategic direction, development and providing legal advice and communication

with stakeholders and neighbours of the School.

When a vacancy for a ‘responsible person’ on the School Board arises the Board will consider the

qualifications, skills and experience needed to fill the vacancy and initiate action to find the

replacement. When a recruit or recruits are identified the Chairperson will formally write to the

candidate/s to seek confirmation of their interest and requesting a response which includes their

willingness, a resume with qualifications, referees and nominees.

On a positive response the Chairperson is responsible for obtaining appropriate background checks to

ensure the person is a ‘responsible person’. The Chairperson will also ensure that the qualifications,

skills and experience documented in the candidates confirming response are valid and that referees

are contacted as to their opinion of suitability for the position.

The candidate/s will then be interviewed by the Nominations, education and remuneration Committee

which will report its findings to the next Board meeting. Upon consideration of the report and the

Chairpersons assurance of ‘responsible persons’, qualifications, skills and experience checks, the Board

will vote whether or not the candidate will be acceptable. Upon acceptance the Chairperson will

formally write to congratulate the candidate upon selection subject to the induction process.



P a g e | 25

The Company Secretary is responsible for collecting the documentation prepared and distributed by

the recruitment and selection process and filing this in a register for each Board member identifying

their relevant qualifications, skills and experience and referees reports as well as correspondence to

and from the Board.

PROFESSIONAL LEARNING FOR NEW ‘RESPONSIBLE PERSONS’

The purpose of this document is to ensure that there are appropriate procedures for the ongoing professional development of ‘responsible persons’ both current and new to their positions as ‘responsible persons’ of Al Noori Muslim School and that they have relevant qualifications, skills and experience for governing the school properly.

Current Responsible Persons: The School’s procedures for the professional learning of current responsible persons are: 1. At the commencement of each year, the Board will determine which areas of professional learning are relevant to the needs, skills and experience of its responsible persons, especially in relation to compliance, risk management, finance, legal obligations, conflict of interest, related parties and education.

2. The School will approve the mandatory completion of a minimum twelve (12) hours of professional learning for each responsible person for the school over each three (3) year period. The professional learning to be approved must be delivered by a NESA approved training provider.

3. The Company Secretary will maintain a register of each responsible person’s professional learning annually. This register will record the names, role, date, nature and hours of professional learning (see Appendix-5). The register will include relevant records such as evidence of completion of professional learning.

4. The Company Secretary will retain the Responsible Persons’ Professional Learning Register for seven years, commencing on 1 September 2014. Induction for New Responsible Persons: The Chairperson is responsible for the appropriate (NESA approved) induction and training for new

‘responsible persons’ prior to taking up the role of ‘responsible person’ or within three (3) months of

becoming a ‘responsible person’ of the School.

The induction program for the new ‘responsible persons’ at Al Noori Muslim School will ensure that each new responsible person; 1. completes the four one-hour on-line modules, Introduction to School Governance, developed by AISNSW, or a similar program delivered by a NESA approved provider, and approved by the School’s governing body;

2. meets the Chairperson of the School’s governing body;



P a g e | 26

3. receives a tour of the School to see its buildings, grounds and facilities;

4. receives a copy of the key governance documents. These include the constitution, code of conduct, delegation schedule, legal compliance and risk management frameworks, recent minutes and audited financial statements; and

5. is made aware of the primary governance responsibilities of acting in the interest of the School, confidentiality and conflicts of interests. The Company Secretary will maintain a register ( Appendix-6 ) of the induction program for each new

responsible person recording their name, the date of becoming a responsible person, role,

qualifications, receipt of induction documents and the date, provider and nature of NESA approved

induction training. The Company Secretary will maintain this register for seven years from the year of

induction.

INTERNAL AUDIT

Internal audits of the School financial statement are to be conducted biannually by the Treasurer and

reviewed by the Finance, risk and compliance Committee. A Committee report is to be presented to

the Board by the Treasurer at the first Board meeting after the internal audit has been conducted

verifying that the School’s finance reports presented to the Board are compliant with the requirements

set out by NESA.

The report should also show that the School is in a position to meet its financial obligations and cover

issues which may arise from risks identified and recorded in the Risk Management Framework.

Minutes of the Committee meeting shall record the actions and the Board will review the presented

findings. One of these audits is to be conducted prior to the engagement of the external independent

audit team for its annual financial statement attestation and validation.

Internal audits of the School policy and procedures and to ensure they are being followed, are to be

conducted biannually by the Performance, strategic direction, legal and communications Committee.

A Committee report on the School’s policy and procedures and compliant performance is to be

presented to the Board by the Vice Chairperson. Minutes of the Committee meeting shall record the

actions and the Board will review the presented findings, take appropriate action and record this in the

Board minutes.



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EXTERNAL INDEPENDENT ATTESTATION AUDIT OF ANNUAL FINANCIAL STATEMENT

The purpose of this document is to ensure that there are appropriate procedures in place for the

external independent attestation audit of Al Noori Muslim School’s Annual Financial Statements. The

Chairperson will annually certify or provide evidence that the audit and accompanying certificate:

o Have been completed by an auditor recognised by CPA Australia or the Institute of Chartered

Accountants Australia and New Zealand or another recognised accounting body approved by

NESA

o Comply with any other requirements imposed by Commonwealth or NSW Government

agencies providing funding to the School

o Have not been completed by a person or body with whom the school has another business

relationship in addition to audit services or with whom any of the ‘responsible persons’ of the

School has a conflict of interest

The Company Secretary is responsible for retaining the School’s audited and certified annual financial

statements on and from 1st September, 2014 for a minimum period of seven (7) years after the end of

the period to which the annual financial statement refer before archiving or disposing. The Company

Secretary will ensure that these certified annual statements are available for inspection upon request.

The Chairperson will notify NESA via email if the contract or arrangement with an external auditor is

terminated by the school or external auditor prior to the expiry of the term of contract or arrangement

and the reason (s) for that termination.



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FINANCIAL VIABILITY

Financial viability provides for the school to be administered and achieve the purpose of providing

an education for school students whilst remaining financially solvent. The required evidence of

financial viability as prescribed by NESA, will be based on a risk assessment, and will be in the

form of a certification or warrant by a body or person approved by NESA for that purpose.

The chairperson of Al Noori Muslim School will:

o Maintain evidence to demonstrate the current financial viability of the school at the time

for making application for renewed registration

o Annually certify or provide evidence of the school’s financial viability

The Company Secretary is responsible for retaining the School’s audited and certi fied annual

financial statements on and from 1st September, 2014 for a minimum period of seven (7) years

after the end of the period to which the financial statement refer before archiving or disposing.

The Company Secretary will ensure that these certified statements are available for inspection

upon request.

The Company Secretary is also responsible for retaining a copy of the financial viability

certification or warrant in the form prescribed by NESA by the NESA approved body or person for

that purpose on and from 1st January, 2017 for a minimum period of seven (7) years before

archiving or disposing. The company secretary will ensure that these documents are available for

inspection upon request.

The Chairperson will notify NESA via email if the contract or arrangement with an external auditor

is terminated by the school or external auditor prior to the expiry of the term of contract or

arrangement and the reason(s) for that termination. The Chairperson will also notify NESA via

email if the affairs of the proprietor are under any form of external control, such as the control of

a manager, under any law.



P a g e | 29

APPENDIX

RESPONSIBLE PERSON DECLARATION \FIT AND PROPER STATUTORY DECLARATION

INTRODUCTION: RESPONSIBLE PERSON:

A key objective of the School is that the legal requirements and liabilities of each ‘responsible person’ for the School are clearly defined and understood. These standards are similar to those applying to members of other public boards and corporations.

A ’responsible person’ for the School as defined by the Education Act and the NESA

handbook is:

The proprietor of the School and, if the proprietor is a corporation, each director or

person concerned in the management of the School, or

A member of the governing body of the School, or

The principal of the School.

POLICY - GENERAL: 1. At the beginning of each school year each responsible person for the School should sign a

declaration that:

i. They are not a ‘disqualified person’ who is no longer permitted to act as Director;

ii. They are not bankrupt or insolvent;

iii. Any refusal to register; or cancellation of registration of the School or any other

school, during the previous five years, has not been largely attributable to their

actions;

iv. They have not been convicted of an offence that is punishable by imprisonment

for 12 months or more;

v. They have not become mentally incapacitated and a patient at an institution

because of that incapacity or a protected person under the NSW Trustee and

Guardian Act 2009;

vi. They are not a ‘disqualified person’, as defined by the Child Protection (Working

with Children) Act 2012, have been refused a Working with Children Check

Clearance (Clearance), had a Clearance cancelled, subjected to an interim bar or a

bar from working with children or subject to a risk assessment in accordance with

the Child Protection (Working with Children) Act 2012; and

vii. They will declare any personal interest or conflict of interest in relation to their

position as a responsible person for the School.



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Together these are the Required Matters ("Required Matters"). In the event that any

responsible person cannot give the necessary declaration of the Required Matters, the

Chairperson shall inform NESA within 14 days.

1. At the beginning of each School Board meeting the Chairperson will ask all Board

members and the Principal of the School whether they have anything to declare as a

‘responsible person’ for the School in relation to the Required Matters.

Declaration to be signed by all school council members and the school principal.

In accordance with the Education Act 1990 (NSW) as amended by the Education

Amendment (Not-for-profit Non-Government School Funding) Act 2014 (NSW), I declare that:

1. I am not a ‘disqualified person’ who is no longer permitted to act as a Director;

2. I am not bankrupt or insolvent;

3. Any refusal to register, or cancellation of registration of the school or any other

school, during the previous five years, has not been largely attributed to my actions;

4. I have not been convicted of an offence that is punishable by imprisonment for 12

months or more;

5. I have not become mentally incapacitated and a patient at an institution because of

that incapacity or a protected person under the NSW Trustee and Guardian Act 2009;

6. I am not a ‘disqualified person’, as defined by the Child Protection (Working with

Children) Act 2012, I have not been refused a Working with Children Check

Clearance (Clearance), or had a Clearance cancelled, or subjected to an interim bar

or a bar from working with children or subject, to the best of my knowledge, a risk

assessment in accordance with the Child Protection (Working with Children) Act

2012; and

7. I will declare any personal interest or conflict of interest (actual, perceived or

potential) in relation to my position as a ‘responsible person’ for the School.

Signed:

Name

(Print):

Date:



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CONFIDENTIALITY AGREEMENT

I ___________________ (name) understand, as a member of Al Noori Muslim School Board (“the Board”) and in the course of undertaking my duties as a member of Board, that information may be disclosed that must be kept confidential. It is agreed that:

1. The confidential information which may be disclosed can be described and may include:

a. Technical and business information relating to operations

b. Existing and/or contemplated services, income, costs, surplus and margin information

c. Finances and financial projections

d. Clients, schools, business partnerships and/or alignments

e. Staff, Parents, Students – past, present and future

f. Marketing & Development plans and projections

g. Current or future school business and facility plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure.

2. Confidential information obtained from the discloser will not be shared with anyone unless required to do so by law.

I acknowledge that I have read and understand the above and voluntarily accept the duties and responsibilities as a Board member to respect such confidential matters, both during my membership of the Board and after I have ceased to be a member.

Signed:

Name (Print):

Date:

Al Noori Muslim School Management and Operations of the School

P a g e | 32

AL NOORI MUSLIM SCHOOL RISK MANAGEMENT FRAMEWORK

CATEGORY RISK

AREA

RISK RISK

MITIGANTS

PROBABILITY

/ IMPACT

ACTIONS/

RESPONSIBILTY

LATEST

REVIEW

OUTCOME TRAFFFIC

LIGHT

(G/O/R)

STRATEGIC

GOVERNANCE

EDUCATIONAL

OPERATIONAL

FINANCIAL

LEGAL

COMPLIANCE



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AL NOORI MUSLIM SCHOOL LEGAL COMPLIANCE FRAMEWORK

CATEGORY KEY DOCS/

LEGISLATION

REQUIREMENTS RESPONSIBILTY LATEST REVIEW /

REPORT

COMMENTS TRAFFIC LIGHT

(G/O/R)

Corps Act

Constitution

Education Acts

Consumer Laws

Privacy

Taxation

WHS

Environmental

Discrimination

Industrial Relations

Child Protection

Duty of Care

Workers Compensation

Charities & fundraising



P a g e | 34

PROFESSIONAL LEARNING REGISTER YEAR 2018

NAME ROLE RECORD OF PROFESSIONAL LEARNING

COMPLETED 4 HOURS

DATE NATURE OF PL PROVIDER HOURS



P a g e | 35

INDUCTION OF RESPONSIBLE PERSONS REGISTER

NAME DATE BECAME

RP

ROLE QUALS/EXPERIENCE REC’D INDUC. DOCS

RECORD OF INDUCTION TRAINING COMPLETED INDUCTION

DATE PROVIDER NATURE OF TRAINING


P a g e | 36

CONFLICT OF INTEREST DISCLOSURE STATEMENT

This form is to be completed by any ‘Responsible Person’ who has a real or perceived conflict of

interest or a potential conflict of interest in undertaking their duties. A copy of the completed and

signed form is to be retained by the Company Secretary.

I, (Insert full name) __________________________________________ of (Insert address)

_______________________________________________________________________________________

hereby declare I have no conflicts of interest to declare (refer to checklist on page-25) or a conflict

of interest considered to be:

Nil

Conflict Real Potential Perceived

Please provide a brief outline of the nature of the conflict if applicable (details may be included privately

in a separate confidential envelope if appropriate).

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

Please detail the arrangements proposed to resolve/manage the conflict if noted above (attach

separately if appropriate).

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________



P a g e | 37

I, (insert full name)…………………………………………………… hereby agree to:

update this disclosure throughout the period of my tenure as a ‘Responsible Person’ on an annual

basis or until such time as the conflict ceases to exist, or at such a time a conflict arises;

comply with any conditions or restrictions imposed by the School to manage, mitigate or

eliminate any actual, potential or perceived conflict of interest and/or commitment.

Signed: ………………………………………………………………………… Date: ……………………

REVIEW BY CHAIRPERSON OF BOARD

I, (insert full name) ………………………………………………………. have reviewed the conflict of interest

disclosure (and plan) and have taken the following action in relation to this matter:

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

__________________________________________________________________________________________________________________

Signature ...................................................................................................

Date……………………………………



P a g e | 38

CHECKLIST TO HELP IDENTIFY CONFLICTS OF INTEREST

In assessing whether you have a conflict of interest it may be helpful to ask the following

questions. The test when assessing the situation is to ask: “Could this conflict with my duties at

the School?” If you answer YES to any of the questions below, you may have an actual,

reasonably perceived or potential conflict of interest. (Source: ICAC2)

• Would I or anyone associated with me benefit from or be detrimentally affected by my

proposed decision or action?

• Could there be benefits for me that could cast doubt on my objectivity?

• Do I have a current or previous personal, professional or financial relationship or

association of any significance with an interested party?

• Would my reputation or that of a relative, friend or associate stand to be enhanced or

damaged because of the proposed decision or action?

• Do I or a relative, friend or associate of theirs stand to gain or lose financially in some

covert or unexpected way?

• Do I hold any personal or professional views or biases that may lead others to

reasonably conclude that I am not an appropriate person to deal with the matter?

• Have I contributed in a private capacity in any way to the matter my Department/the

School is dealing with?

• Have I made any promises or commitments in relation to the matter?

• Have I received a benefit or hospitality from someone who stands to gain or lose from

my proposed decision or action?

• Am I a member of an association, club or professional organisation or do I have

particular ties and affiliations with organisations or individuals who stand to gain or lose

by my proposed decision or action?

• Could this situation have an influence on any future employment opportunities outside

my current School duties?

• Could there be any other benefits or factors that could cast doubts on my objectivity?

If the answer to any of these questions is yes or if you still have any doubts about your

proposed decision or action, you should seek direction from the School’s Chairperson.

2 ICAC Toolkit, Managing Conflicts of Interest in the Public Sector, 2004.



P a g e | 39

RELATED PARTY TRANSACTIONS DISCLOSURE LETTER

Dear ______________________________

As part of the preparation of our Annual Accounts we are required to collate information on

transactions between the School and related parties. This information will potentially

require disclosure in the notes to the accounts in accordance with AASB 124 and the NESA

requirements. Related parties include directors, senior management and persons

connected to them, e.g. by virtue of family relationship or business partnership. For your

further information, a detailed definition of related parties is set out in AASB 124.

Transactions potentially requiring disclosure include:

a. purchases, sales, leases and donations (including donations which are made in

furtherance of the School’s objects) of goods, property, money and other assets

such as intellectual property rights to or from the related party;

b. the supply of services by the related party to the School, and the supply of services

by the School to the related party. Supplying services includes providing the use of

goods, property and other assets and finance arrangements such as making loans

and giving guarantees and indemnities; and

c. any other payments and other benefits which are made to directors under express

provisions of the governing document of a School or in fulfillment of objectives.

Please supply details of any such transactions on the pro-forma register attached by

________________. If there are no such transactions, please return the Related Party

Transactions Register marked “nil return”.

In addition to the items disclosed at items (a) to (c) above, we are required to disclose the

aggregate amount of expenses reimbursed to trustees

Chairperson of the School Board Date:______________________


P a g e | 40

RELATED PARTY TRANSACTIONS REGISTER

Name of Responsible Person: ______________________________________

Item Name of transacting

party (if different

from above)

Relationship between

Responsible Person and

transacting party

Description of

transaction

Amount of transaction and

of any outstanding balances

Date transaction approved by

School Board and basis for approval

1

2

3

Signed:____________________________________________________________ Date:_________________________

If there are no such transactions, please return the Related Party Transactions Register marked “nil return”.


P a g e | 41

RELATED PARTY TRANSACTIONS DISCLOSURE LETTER (EMPLOYEES)

Dear ______________________________

As part of the preparation of our Annual Accounts we are required to collate information on

transactions between the School and related parties. This information will potentially

require disclosure in the notes to the accounts in accordance with AASB 124 and the NESA

requirements. Related parties include directors, senior management and persons

connected to them, e.g. by virtue of family relationship or business partnership. For your

further information, a detailed definition of related parties is set out in AASB 124.

Transactions potentially requiring disclosure include:

d. purchases, sales, leases and donations (including donations which are made in

furtherance of the School’s objects) of goods, property, money and other assets

such as intellectual property rights to or from the related party;

e. the supply of services by the related party to the School, and the supply of services

by the School to the related party. Supplying services includes providing the use of

goods, property and other assets and finance arrangements such as making loans

and giving guarantees and indemnities; and

f. any other payments and other benefits which are made to directors under express

provisions of the governing document of a School or in fulfilment of objectives.

Please supply details of any such transactions on the pro-forma register attached by

________________. If there are no such transactions, please return the Related Party

Transactions Register marked “nil return”.

You do not need to include amounts received by you under your contract of employment

with the School.

Chairperson of the School Board Date:______________________


P a g e | 42

RELATED PARTY TRANSACTIONS REGISTER (EMPLOYEES)

Name of Responsible Person: ______________________________________

Item Name of transacting

party (if different

from above)

Relationship between

Responsible Person and

transacting party

Description of

transaction

Amount of transaction

and of any outstanding

balances

Date transaction approved by

School Board and basis for

approval

1

2

3

Signed:_________________________________________________ Date:_________________________

If there are no such transactions, please return the Related Party Transactions Register marked “nil return”.



P a g e | 43

RESPONSIBLE PERSONS’ REGISTER

2016 Declaration of: Name 1. Responsible

persons 2. Conflict of interest

3. Related parties 4. Professional learning 5. Induction

______________________

1 Confirmation that annual declaration of responsible persons’ required matters has been received 2 Confirmation that annual conflicts of interest disclosure statement has been received 3 Confirmation that register of related parties has been updated to reflect annual conflicts of interest disclosure statement 4 Confirmation that register of professional learning has been updated to reflect annual disclosure statement 5 Confirmation that, if new responsible person, register of induction has been completed. If not new this year, N/A

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