Education Act 1989

  • repealed
  • Education Act 1989: repealed, on 1 August 2020, by section 669(3)(b) of the Education and Training Act 2020 (2020 No 38).
78I Application of interventions

(1)

The interventions in schools that are available are as follows:

(a)

a requirement by the Secretary for information:

(b)

a requirement by the Secretary for a board to engage specialist help:

(c)

a requirement by the Secretary for a board to prepare and carry out an action plan:

(ca)

a requirement by the Secretary that the board attend a case conference to enable a particular issue or issues to be discussed and actions to be agreed:

(cb)

a requirement by the Secretary that the board engage an appropriately qualified person to undertake a specialist audit of any aspect of the school’s affairs:

(cc)

the issuing by the Secretary to the board of a performance notice requiring the board to carry out a specified action by a specified date:

(cd)

the appointment by the Minister of a trustee (who may be the presiding trustee) to the board for a specified period of time:

(d)

the appointment by the Secretary, at the direction of the Minister, of a limited statutory manager:

(e)

the dissolution of a board by the Minister, and the appointment of a commissioner:

(f)

the dissolution of a board by the Secretary, and the appointment of a commissioner.

(1A)

The Secretary may apply any of the interventions described in subsection (1)(a) to (cc) to a school if he or she has reasonable grounds for concern about the operation of the school, or the welfare, or educational performance of its students.

(2)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1)(cd) to (e) to a school if he or she has reasonable grounds to believe that there is a risk to the operation of the school, or to the welfare or educational performance of its students.

(3)

The Minister or Secretary (as the case may be) may apply any of the interventions described in subsection (1) to a school if either of the following requests an intervention:

(a)

the board of the school:

(b)

in the case of a State integrated school, the school’s proprietors.

(4)

When applying an intervention, the Minister or Secretary (as the case may be) must apply whichever intervention he or she considers is reasonable to deal with the risk without intervening more than necessary in the affairs of the school.

(5)

The application of any one intervention does not preclude the application of any other intervention, either simultaneously or at any other time.

Section 78I: inserted, on 25 October 2001, by section 20 of the Education Standards Act 2001 (2001 No 88).

Section 78I(1)(ca): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(1)(cb): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(1)(cc): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(1)(cd): inserted, on 19 May 2017, by section 57(1) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(1A): inserted, on 19 May 2017, by section 57(2) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(2): amended, on 19 May 2017, by section 57(3) of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 78I(3)(b): amended, on 19 May 2017, by section 57(4) of the Education (Update) Amendment Act 2017 (2017 No 20).