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EDUCATION ACT 1990 - SECT 74
Cancellation of registration for home schooling
74 Cancellation of registration for home schooling
(1) The Minister may, on the recommendation of an authorised person, cancel
the registration of a child for home schooling by notice in writing to a
parent of the child, if the parent-- (a) has failed to ensure that the child
receives instruction in accordance with the conditions to which the
registration is subject, or
(b) has refused or failed to allow an
authorised person (in accordance with those conditions) to enter, at any
reasonable time, the premises where the child receives schooling or to inspect
those premises or records required to be kept for the purposes of this Act, or
(c) has breached any other condition to which the certificate of registration
is subject.
(2) The Minister may not cancel the registration of a child for
home schooling under subsection (1) (a) if-- (a) the child was prevented from
receiving instruction by sickness, permanent or temporary incapacity or some
accident or unforeseen event, or
(b) the child has not received instruction
for only 3 school days or less in any period of 3 months during which the
child has been registered for home schooling, or
(c) any failure to ensure
that the child received instruction was a result of the child's disobedience
and was not due to the default of the parent.
(3) The Minister may not cancel
the registration of a child for home schooling written unless notice of the
authorised person's recommendation to the Minister has been given to a parent
of the child and-- (a) 30 days have elapsed since the giving of that notice,
during which time no application has been made to the Tribunal for an
administrative review of the recommendation, or
(b) the Tribunal has
determined an application for an administrative review (made within those 30
days) of the recommendation and the Minister has considered any contrary
recommendation of the Tribunal and the reasons for it, or
(c) any such
application for an administrative review of the recommendation has been
withdrawn.
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