Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.1A.29

Internal review

    (1)     A person to whom an ongoing school community safety order applies may apply in writing to the school in respect of which the order was made for internal review of a decision—

        (a)     to make the order; or

        (b)     to vary the order on the authorised person's own motion; or

        (c)     to refuse an application for variation of the order by the person to whom the order applies under section 2.1A.26(1)(b); or

        (d)     to refuse to revoke an order under section 2.1A.25(a).

    (2)     An application under subsection (1) must be referred by the school to a reviewer as soon as is practicable.

    (3)     A reviewer must conduct a review of the decision in respect of which the application is made in accordance with—

        (a)     this Division and any guidelines made by the Minister under Division 5; and

        (b)     the procedures for internal review published on the Internet site of—

              (i)     the Department, if the order relates to a Government school; or

              (ii)     the relevant school, if the order relates to a non-Government school.

    (4)     Any internal review procedures determined under subsection (3)(b) must—

        (a)     provide the person to whom the order applies with the opportunity to make written submissions or, if permitted by the reviewer to do so, oral submissions; and

        (b)     allow the person to whom the order applies to be represented, accompanied or assisted by another person; and

        (c)     require a written statement of the following to be provided to the person to whom the order applies—

              (i)     the outcome of the review;

              (ii)     the reasons for the decision;

              (iii)     information setting out the person's entitlement to seek external review by VCAT; and

        (d)     be consistent with any guidelines made by the Minister under Division 5.

    (5)     A reviewer may request the person to whom an ongoing school community safety order applies to provide further relevant information.

S. 2.1A.30 inserted by No. 24/2021 s. 6.



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