31 Ensuring attendance of students

(1)

Any board may appoint any person to be an attendance officer for the schools or institutions it administers.

(1A)

[Repealed]

(2)

A person may be appointed an attendance officer by 2 or more boards.

(3)

Every board shall, by any means it thinks appropriate, take all reasonable steps to ensure the attendance of students enrolled at its school or schools (or institution or institutions).

(3A)

[Repealed]

(4)

An attendance officer, on producing a distinctive badge or other evidence of appointment, or a constable may at any time detain any person who appears to have turned 5 and not to have turned 16, and who is not then at school, and question the person as to the person’s name and address, the school (if any) at which the person is enrolled and its address, and the reason for the person’s absence from school.

(5)

If not satisfied by the person’s answers that the person has a good reason for not being at school, the attendance officer or constable

(a)

may take the person to the person’s home, or to the school at which the officer thinks the person is enrolled.

(b)
[Repealed]

(6)

A person who, after an attendance officer has produced evidence of appointment, obstructs or interferes with the officer in the exercise of powers under this section, commits an offence, and is liable on conviction to a fine not exceeding $1,000.

(7)

Any attendance officer, a principal, the Secretary, or any person appointed by a board or the Secretary for the purpose may file charging documents, conduct prosecutions, and take any other proceedings, under this Part.

(8)

A certificate sealed by a board showing that a person named in it is appointed for any purpose under this section is sufficient evidence of the matters specified in the certificate; and the authenticity of, and validity of the affixing of, a board’s seal shall not in any proceedings under this Part be inquired into or disputed.

(8A)

[Repealed]

(9)

This section applies to a participating student only in relation to any portion of his or her secondary-tertiary programme during which he or she is required to attend school, as notified by the provider group or lead provider under section 31J.

(10)

This section applies to an affected student (within the meaning of section 25(8)) only in relation to the time period (or periods) each day during which his or her timetable is running.

Compare: 1964 No 135 s 123

Section 31(1A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(2): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(3A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(4): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(4): amended, on 1 January 1993, by section 5(2) of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(5): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 31(5)(b): repealed, on 1 January 1992, by section 7 of the Education Amendment Act (No 4) 1991 (1991 No 136).

Section 31(6): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(7): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 31(7): amended, on 17 December 2008, by section 6 of the Education (National Standards) Amendment Act 2008 (2008 No 108).

Section 31(8A): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).

Section 31(9): inserted, on 21 December 2010, by section 9 of the Education Amendment Act (No 3) 2010 (2010 No 134).

Section 31(10): inserted, on 13 June 2013, by section 10(6) of the Education Amendment Act 2013 (2013 No 34).