CASE STUDY 

 

The Association of Independent Schools of South Australia (AISSA)

Compliance Framework and Support


 

 

 

Context of the initiative

The Association of Independent Schools of South Australia (AISSA) is a member-based organisation that leads, supports, represents, and advocates for the Independent school sector in South Australia. It represents the entirety of the independent (non-Catholic, non-government) schools in South Australia, and its membership of around 104 schools is a range of school sizes, approaches and philosophies. AISSA provides a forum for debate on significant policy issues, and plays a leadership role in providing advice and information and in representing individual schools and the sector.

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The challenge is to keep abreast of any changes and new developments, and build and maintain a solid understanding of what the changes mean for school operations.

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Of relevance to the issues of regulation, accountability, and red tape, AISSA’s strategic intentions include role statements that AISSA will:

·      provide high quality advice on school governance and operational issues;

·      ensure that school leaders have access to accurate, relevant and timely information in regard to changes in government policy, and legislative and regulatory requirements; and,

·      advocate for appropriate accountability, consistent with modern regulatory frameworks.

Like other non-government schools in Australia, Independent schools in South Australia are subject to administrative and reporting requirements from both the Commonwealth and State governments. Commonwealth education-based requirements are established in the Australian Education Act 2013 and the Australian Education regulations. The State Funding Deed, along with other legislation including the Education and Early Childhood Services (Registration and Standards) Act 2011, Education and Children’s Services Act (2019), and Children and Young People (Safety) Act 2017 (SA), provide the framework for the operation and accountability of Independent schools in South Australia.

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Good communication is also essential – both with the regulatory bodies, and with member schools.

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In addition to such government regulations and frameworks, many Independent schools are registered as businesses or charities; these schools are subject to additional areas of government regulation, including: the Australian Charities and Not-for-profit Commission (ACNC), Workcover/Safety requirements and the Australian Taxation Office.

The totality and regular changes of these requirements represent a significant challenge for schools, and for authorities seeking to support schools, to meet these requirements efficiently whilst maintaining a focus on their prime educational purpose. Over time the actions required from schools have ranged from the display of information posters to more central educational issues such as school and student performance information through financial acquittals and governance arrangements.

 

 

Intent of the initiative

AISSA’s Compliance Framework and Calendar are intended to clarify the compliance and regulatory requirements for Independent schools in South Australia, and provide a roadmap and resources to simplify and reduce the administrative burden on principals and schools.

 

 

Steps taken and challenges faced

In order to assist its schools, AISSA has developed a Compliance Framework and Calendar to provide guidance to schools about the “what and when” of the accountability arrangements they face. The Framework built on previous work undertaken by the AISSA and drew on work done by other Australian Independent School Associations and an initial consultation with school principals. There was a focus on ensuring a full coverage of the requirements facing schools whilst at the same time making the Framework accessible and simple to use.

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The ability of schools to manage their response to legislative and regulation changes and ensure they have the right approach to risk management and compliance is often size-dependent.

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The Framework was tested with schools and supported by briefings for principals and written communication. The framework has matured over the years to accommodate feedback and changes in regulations. Periodic re-runs of the mapping exercise enable the Framework to stay current.

Structure of the AISSA Compliance Framework

Structure of the AISSA Compliance Framework

·      Child Protection

·      Funding Accountability

·      Legislative Accountability

·      Medical and Duty of Care

·      School Management and Facilities

·      Students

·      Work Health & Safety

·      Workplace Relations

 

Sample detail from the AISSA Compliance Framework

Child Protection

Legislative Accountability

·      Police Checks and Mandatory Reporting

·      Reporting Child Abuse and Neglect

·      Student Photographs and Privacy

·      Associations Incorporation Act (1985)

·      Australian Government Accountability

·      Early Childhood and OSHC – establishing a new service

·      Legislative Base – Acts and Regulations covering school operations

·      Outside School Hours Care (OSHC) – SA Education and Early Childhood Services (Registration and Standards Act 2011)

·      Registration of Schools – South Australian Government

·      Registration of Teachers – South Australian Government

·      Registration of Early Childhood Education and Care Services – SA Education and Early Childhood Services (Registration and Standards Act 2011)

·      School Performance Information

·      Workplace Gender Equality

 

Calendar of requirements

The Framework is supported by a Calendar that illustrates the extent of the requirements on Independent schools. The success of the Framework and the Calendar depend on the currency of the information and on the breadth and depth of coverage. The challenge is to keep abreast of any changes and new developments, and build and maintain a solid understanding of what the changes mean for school operations. Regular review is key to maintaining the relevance and value of the Framework and Calendar.

 

Clear, consistent and timely communication

Good communication is also essential – both with the regulatory bodies, and with member schools. AISSA has found that as an organisation it has good communication channels with the South Australian Department for Education and other Independent school associations; even so, in some cases other government communication channels could be improved. The ability of schools to manage their response to legislative and regulation changes and ensure they have the right approach to risk management and compliance is often size-dependent. AISSA has put in place school support systems that take this into account while also addressing other issues such as turnover of school leaders, training for business managers and provision of training programs for new members of School Boards.

 

Regular reviews

Regulation in South Australia has benefitted from the cooperative work undertaken between the South Australian Department for Education, the South Australian Catholic system, and AISSA. AISSA was consulted on the development of the Education and Children’s Services Act (2019), and this has also been the case for other education regulations. This active and collaborative involvement has helped AISSA in shaping its support for its schools. A further example of this cooperation is the work that resulted in ensuring that data from the school census can be used by both State and Commonwealth Departments without having to be collected twice. AISSA’s aim throughout these processes is for streamlining (for instance, with acquittal certificates) while ensuring processes are robust but not onerous and maintain a focus on integrity.

 

 

 

Evaluations of the initiative

AISSA as a small organisation has good mechanisms to facilitate quality feedback. Although no formal evaluation on the Compliance Framework has been conducted, feedback has indicated that the work is valued by schools and has led to a reduction on time spent on administrative tasks.

 

 

Future developments

In the area of regulation, AISSA will continue to prioritise clarifying what has to be done and identifying the best way for schools to meet their accountability responsibilities without detracting from their educational purpose. Future considerations also include further work (undertaken by AISSA or others) to identify the rationale for and explain the benefits to schools and their communities of the regulation environment, and to more accurately identify the actual cost of regulation in schools.

This is part of a series of better practice examples to share how education systems and sectors across Australia are reducing the burden of compliance and administrative tasks on school leaders and teachers.

Browse all practice examples and reducing red tape report