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.
63 New sections 328E to 328H inserted

The principal Act is amended by inserting in Part 28, after section 328D, the following heading and sections:

Provisions concerning hostels

328E Functions of Chief Review Officer

The Chief Review Officer—

(a)

may carry out reviews (which may be general or in relation to particular matters) of the provision of a safe physical and emotional environment that supports learning for students accommodated in hostels and must carry out those reviews when directed by the Minister to do so; and

(b)

must administer the preparation of reports to the Minister on the undertaking and results of the reviews; and

(c)

must give the Minister any other assistance and advice on the provision of a safe physical and emotional environment that supports learning for students accommodated at hostels that the Minister from time to time requires.

328F Review officers

Review officers designated under section 326 are also review officers for the purposes of section 328E, and sections 328G and 328H apply to them accordingly.

328G Powers of review officers for purposes of sections 328E to 328H

(1)

For the purposes of enabling any functions of the Chief Review Officer to be performed for the purposes of section 328E, any review officer may, at any reasonable time and having given reasonable notice to the management of the hostel, enter any hostel and do all or any of the following:

(a)

conduct inspections or inquiries:

(b)

require any person to produce documents or information relating to—

(i)

the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel; or

(ii)

the students accommodated in the hostel:

(c)

make copies or extracts of any documents and information referred to in paragraph (b):

(d)

require any person to make or provide statements, in any form and manner that is reasonable in the circumstances, about any matters relating to the provision of a safe physical and emotional environment that supports learning for the students accommodated in the hostel:

(e)

meet and talk to any person who is accommodated at the hostel.

(2)

Nothing in this section confers on a review officer the power to enter any room or sleeping area of a student accommodated at the hostel unless—

(a)

the review officer believes on reasonable grounds that entry or inspection is necessary for the purpose of review; and

(b)

the review officer produces his or her certificate of designation to the student; and

(c)

the student is present during the inspection.

(3)

This section does not limit any other powers of a review officer under this Act.

328H Review officers to prove identity before acting under section 328G

Every review officer who exercises any power under section 328G must, before exercising that power and, if requested, at any later time, produce to the person apparently in charge the review officer’s certificate of designation.