New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 123

123 Evidence

(1) In any proceedings under this Act, a certificate purporting to be signed by the principal of a government school or registered non-government school, stating that--

(a) a child was or was not, on any day specified in the certificate, enrolled as a student at the school, or

(b) a child did or did not, on any day or part of a day so specified, attend the school, or

(c) the school was or was not open for instruction on a day so specified, or

(d) a child has or has not, as at a day specified in the certificate, completed Year 10 of secondary education at the school,

is admissible in evidence and is prima facie evidence of the matters stated in the certificate.

(2) In any proceedings under this Act, a certificate purporting to be signed by the Minister or by an officer prescribed by the regulations, stating that--

(a) a school was or was not, on a day specified in the certificate, registered under Part 7, or

(b) a child was or was not, on a day so specified, registered under Part 7 for home schooling, or

(c) a school was or was not, on a day so specified, accredited under Part 8,

is admissible in evidence and is prima facie evidence of the matters stated in the certificate.

(2A) In any proceedings under this Act, a certificate purporting to be signed by the Minister stating--

(a) that an amount of financial assistance has been paid by the Minister to or for the benefit of a non-government school on a specified day, or

(b) that a for profit declaration or non-compliance declaration under Division 3 of Part 7 was made on a specified day and the terms of the declaration,

is admissible in evidence and is prima facie evidence of the matters stated in the certificate.

(3) In any proceedings under this Act--

(a) the court may take judicial notice of the apparent age of a child, and

(b) a child apparently of or above the age of 6 and below the age of 17 is to be presumed to be so until the court is satisfied to the contrary.

(4) In any proceedings under this Act for an offence against section 23, a certificate purporting to be signed by the Secretary or by an officer prescribed by the regulations stating that, to the best of the belief of the Secretary or officer, on any day specified in the certificate--

(a) a child was not enrolled as a student at a government school or registered non-government school, and

(b) the child was not registered for home schooling,

is admissible in evidence and is prima facie evidence that the child was not so enrolled or registered.

(5) In any proceedings under this Act for an offence against section 23 (1), a certificate purporting to be signed by the Secretary or by an officer prescribed by the regulations stating, to the best of the belief of the Secretary or officer, on any day specified in the certificate--

(a) whether or not a child has completed Year 10 of secondary education in this State, or

(b) whether or not specified education completed outside of the State is the equivalent of Year 10 of secondary education in this State,

is admissible in evidence and is prima facie evidence of the matters stated in the certificate.

(6) In any proceedings under this Act, a certificate purporting to be authenticated by the Authority, or to be signed by an officer prescribed by the regulations, stating any of the following matters is admissible in evidence and is prima facie evidence of the matters stated in the certificate--

(a) that a person or body was or was not, on a day or during a period specified, an approved provider (within the meaning of Part 7A),

(b) that a person or body, as such a provider, was or was not approved to provide courses generally, a specified class of courses or a specified course.