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EDUCATION ACT 1990 - SECT 26KA
Internal review of certain non-attendance directions
(1) If the Minister, or a person acting under a delegation from the Minister,
gives a non-attendance direction to a student for a period of more than 5
days, the student, or a parent of the student, may apply for an internal
review of the decision to give the direction.
(2) An application for internal
review is to be made in accordance with any requirements specified in the
guidelines.
(3) An application for internal review does not operate to stay
the decision to which the application relates, unless the Minister otherwise
directs.
(4) The review must be conducted by a person (other than the person
who made the decision) who is directed to do so by the Minister (the
"reviewer" ). The reviewer must be a person employed in the Department who was
not substantially involved in making the decision to which the application
relates.
(5) The reviewer must consider any relevant material submitted by
the student or parent.
(6) The reviewer may, on determining an application
for internal review, confirm the decision to which the application relates or
recommend to the Minister that the non-attendance direction be varied or
revoked.
(7) This section does not entitle a student, or a parent of the
student, to make an application for internal review under this section if the
person is entitled to make an application to the Tribunal under section 107
(1) (i) for an administrative review of a decision to give the student a
non-attendance direction.
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