Western Australian Current Regulations

SCHOOL EDUCATION REGULATIONS 2000 - REG 130

130 .         Consultation procedures prescribed (Act s. 157C(2)(d))

        (1)         In this regulation —

        advance determination , non‑system school , school planning proposal and school system have the meanings given to those terms in section 150;

        advisory panel means an advisory panel under section 241 established for the purpose of advising the Minister on applications made to the Minister for advance determinations about school planning proposals.

        (2)         If consultation about a school planning proposal is required under a policy direction issued under section 157C, then the procedures set out in subregulations (3) to (6) are prescribed for the purposes of section 157C(2)(d).

        (3)         On receipt of an application for an advance determination about a school planning proposal on which consultation is required, the Minister or, if the application is referred to an advisory panel by the Minister, the advisory panel is to consult with, and take into account the views of, the following —

            (a)         the chief executive officer referred to in section 229;

            (b)         the governing body of each school system;

            (c)         the governing body of each non‑system school that, in the opinion of the Minister or advisory panel, could be adversely affected by the implementation of the school planning proposal;

            (d)         the governing body of each proposed non‑system school —

                  (i)         in respect of which there is an advance determination in force; and

                  (ii)         that, in the opinion of the Minister or advisory panel, could be adversely affected by the implementation of the school planning proposal.

        (4)         For the purposes of subregulation (3), the Minister or advisory panel must invite —

            (a)         each person and body referred to in subregulation (3) to submit to the Minister or advisory panel an objection to the school planning proposal; and

            (b)         the applicant to submit to the Minister or advisory panel a response to any objection submitted under paragraph (a).

        (5)         A person or body submitting an objection or response must —

            (a)         submit the objection or response in writing in a form approved by the Minister; and

            (b)         include in the objection or response the information required by the Minister or advisory panel; and

            (c)         submit the objection or response within —

                  (i)         14 days after the day on which the invitation is made; or

                  (ii)         a longer period approved by the Minister or advisory panel.

        (6)         After receiving an objection or response from a person or body, the Minister or advisory panel may accept additional information or submissions from the person or body, orally or in writing, as the Minister or advisory panel considers appropriate.

        [Regulation 130 inserted: SL 2020/15 r. 5.]