Education Standards Act 2001

  • This version includes a correction to section 69(2) made under section 25(j)(iii) and 25(j)(iv) of the Legislation Act 2012.
9 New section 11OA inserted

The principal Act is amended by inserting, after section 11O, the following section:

11OA Review of student’s enrolment

(1)

The Board of a state school that has an enrolment scheme may issue the parents of a student enrolled at the school with a review notice under this section if—

(a)

the student was enrolled at the school on the grounds that he or she lived in the school’s home zone; and

(b)

the student has, since enrolling at the school, moved out of the school’s home zone; and

(c)

the Board believes on reasonable grounds that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(2)

On receipt of a review notice, a parent who wishes to rebut the Board’s view may make submissions to the Board in whatever manner he or she considers appropriate, and the Board must, in accordance with any guidelines issued under section 11G(3)(c), give the parent every reasonable opportunity to explain the situation.

(3)

The Board may exercise its power under section 11O(1A) to annul the student’s enrolment if, no earlier than 10 school days after the date on which the review notice was sent, the Board determines that the student has used a temporary residence within the school’s home zone for the purpose of gaining enrolment at the school.

(4)

Every review notice must—

(a)

be in writing; and

(b)

be sent by any 1 or more of post, fax, or email to the student’s parents; and

(c)

advise the parents of the effect of the notice, and explain what the parents may do next.