16 Secretary’s powers when excluded student younger than 16

(1)

If the Secretary is satisfied that the board of a State school has excluded a student who is younger than 16 from the school under section 15(1)(c), and that the principal has not arranged for the student to attend another school, the Secretary must either,—

(a)

if satisfied that it is not inappropriate for the student to return to the school from which the student has been excluded, lift the exclusion; or

(b)

arrange for and, if necessary, direct the board of any other State school (that is not a State integrated school) to enrol the student at the other school; or

(ba)
[Repealed]

(c)

direct a parent of the student to enrol the student at a correspondence school.

(2)

The Secretary may not give a direction under subsection (1)(b) or lift an exclusion under subsection (1)(a) unless the Secretary has also made all reasonable attempts to consult the student, the student’s parents, the board, and any other person or organisation that, in the opinion of the Secretary, may be interested in, or able to advise on or help with, the student’s education or welfare.

(2A)

[Repealed]

(3)

If the board of the school from which the student has been excluded also controls another school, the Secretary (in exercising the power conferred by subsection (1)(b)) may direct the board to enrol the student at that other school.

(4)

A board must comply with a direction under subsection (1)(b), and the direction overrides the provisions of any enrolment scheme the school may have in place.

(5)

[Repealed]

Section 16: replaced, on 12 July 1999, by section 7 of the Education Amendment Act (No 2) 1998 (1998 No 118).

Section 16(1)(b): amended, on 19 May 2017, by section 20(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 16(1)(ba): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 16(2A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 16(5): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).