Education Act 1989 No 80 (as at 01 November 2009), Public Act

22A Secretary may exempt from enrolment persons placed in residence or programme under Children, Young Persons, and Their Families Act 1989
  • (1) On an application from the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989, the Secretary may, by a certificate given to the chief executive of that department, exempt a person from the requirements of section 20 if satisfied that the requirements set out in subsection (2) have been met.

    (2) The requirements referred to in subsection (1) are that the person—

    • (a) has been placed—

      • (i) in a residence established under section 364 of the Children, Young Persons, and Their Families Act 1989; or

      • (ii) in a residential programme instituted by, and operated under contract with, the chief executive of that department where the person would otherwise be in a residence established under section 364 of that Act; and

    • (b) will receive education services appropriate to the person's needs.

    (3) The Secretary may at any time revoke a certificate granted under subsection (1)—

    • (a) on notification by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 that the person exempted has been released from a residence other than for a temporary period; or

    • (b) if the Secretary is no longer satisfied that the person exempted meets the requirements of subsection (2); or

    • (c) at the request of the chief executive of that department and if satisfied that an exemption from section 20 is no longer required.

    (4) A certificate under subsection (1) continues in force until revoked under this section.

    Section 22A: substituted, on 1 October 1999, by section 13 of the Department of Child, Youth and Family Services Act 1999 (1999 No 82).