Western Australian Current Regulations

SCHOOL EDUCATION REGULATIONS 2000 - REG 36

36 .         Enforcing dress code, powers for

        (1)         In this regulation —

        non‑complying student means a student at a government school —

            (a)         who does not comply with —

                  (i)         a requirement of the school’s dress code when not exempted under regulation 35 from complying with the requirement; or

                  (ii)         a condition imposed under regulation 35(3) on an exemption that applies to the student;

                and

            (b)         who had reached the age of 6 years and 6 months at the time of the alleged non‑compliance or would have reached that age during the calendar year in which the alleged non‑compliance occurred; and

            (c)         who had not reached the age of 18 at the time of the alleged non‑compliance.

        (2)         If a non‑complying student is enrolled in a primary programme the principal of the school may do one or both of the following things —

            (a)         prevent the student from attending any activity in respect of which the student would have been representing the school;

            (b)         prevent the student from attending or participating in any school activity which, in the opinion of the principal, is not an essential part of the student’s educational programme.

        (3)         Despite any provision of Division 5, a student to whom subregulation (2) applies is not to be disciplined in relation to the non‑compliance in any manner other than the manner set out in that subregulation.

        (4)         If a non‑complying student is enrolled in an educational programme other than a primary programme the provisions of Division 5 Subdivision 1 apply as if the student had committed a breach of school discipline.

        (5)         Despite subregulation (4), a student may not be prevented from attending or participating in any school activity which, in the opinion of the school’s principal, is an essential part of the student’s educational programme.

        (6)         Nothing in this regulation enables a student to be treated as having committed a breach of school discipline for the purpose of suspending or excluding the student under Part 3 Division 5 of the Act.

        [Regulation 36 inserted: Gazette 17 Nov 2006 p. 4761‑2.]