Western Australian Current Regulations

SCHOOL EDUCATION REGULATIONS 2000 - REG 46A

46A .         Suspension of student charged with or convicted of sexual offence

        (1)         This regulation applies for the purposes of section 96D.

        (2)         If the chief executive officer gives a direction in writing to a principal of a school to wholly or partially suspend a student from attendance at the school under section 96D(2), the principal of the school is to wholly or partially (as the case requires) —

            (a)         suspend the student for 10 consecutive school days; or

            (b)         suspend the student for such further period as is authorised by the chief executive officer if —

                  (i)         the period of suspension imposed under paragraph (a) has expired; and

                  (ii)         the chief executive officer has not made an order under section 96G(1); and

                  (iii)         the student and, unless the student is an adult student or an independent minor, a parent of the student or a person responsible for the student have been given a reasonable opportunity to show that the suspension should not continue.

        (3)         If a principal has suspended a student under subregulation (2), the principal is to ensure that educational instruction is made available to the student.

        (4)         If a student is either wholly or partially suspended from attendance at a school for a period of suspension referred to in subregulation (2), and the period imposed would continue at the end of a school term, the period is taken to —

            (a)         pause at the end of the school term; and

            (b)         resume at the start of the next school term.

        (5)         A student who is suspended under subregulation (2) remains subject to the school’s code of conduct during the period of suspension.

        Note for this regulation:

                Section 232 provides that the chief executive officer may give directions in writing to the principal of a government school with respect to the performance of the principal’s functions under the Act, either generally or in relation to a particular matter, and the principal is to give effect to any such direction. This may include a direction for a period of suspension imposed under subregulation (2)(a) or (b) to cease.

        [Regulation 46A inserted: SL 2024/118 r. 4.]