New South Wales Consolidated Acts

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EDUCATION ACT 1990 - SECT 26I

Representations by student, parents and others

26I Representations by student, parents and others

(1) Before an enrolment direction or a non-attendance direction is given--
(a) the relevant decision-maker must ensure that the student the subject of the proposed direction, the parents or a parent of the student and any other person identified in the guidelines for the purposes of this section--
(i) is given access to the information that gave rise to the proposed direction, and
(ii) is given written notice of the grounds for the proposed direction, and
(iii) is given an opportunity to make representations (whether oral or written, or both oral and written, as the student, parent or other person chooses) in relation to the information and the proposed direction, and
(b) the relevant decision-maker must take into consideration any representations so made.
(2) However, the guidelines may provide that the access, notice and opportunity required by this section may be withheld, in the circumstances specified in the guidelines, from any person referred to in this section.
(3) Guidelines referred to in subsection (2) must require the access, notice and opportunity concerned to be given to at least one adult person referred to in this section (who may be the student, if the student is an adult).
(4) Without limiting the operation of subsection (2), the Minister is not required to comply with subsection (1) before giving a non-attendance direction to a student for the first time.



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