Exclusion by CEO
92 Exclusion by CEO
(1) This section applies if a student who is enrolled in a Government school is charged with an offence, whether committed in or outside the Territory, punishable by a term of imprisonment of more than 2 years.
(2) The CEO may, as specified in a written notice given to the student, exclude the student, until the charge is determined by a court or otherwise withdrawn, from:
(a) the whole or part of any land, premises or facility occupied or used by the school; or
(b) participation in any program or activity conducted by or on behalf of the school.
(3) The CEO may give a notice under subsection (2) only if of the opinion that it is necessary to do so because the student's presence is likely to constitute an unacceptable risk of physical or psychological harm to other persons at the school.
(4) As soon as practicable after excluding a student who is a child not living independently, the CEO must give a copy of the notice of exclusion to a parent who has daily care and control of the student.
(5) A student who is given a notice under subsection (2) or a parent who is given a copy of a notice under subsection (4) may apply, as specified in the Regulations, for the CEO to review the decision to exclude the student.
(6) The CEO, after reviewing the decision, may do one of the following:
confirm the decision;
vary the decision;
set aside the decision and substitute a different decision.
(7) The CEO, as soon as practicable after reviewing the decision, must give a decision notice to the student, or to the student and a parent who has daily care and control of the student, as appropriate.
(8) If an exclusion has the effect of preventing the student from attending all Government schools, the CEO must take reasonable steps to arrange for the student's participation in an education program that allows the student to continue their education during the exclusion.
This provision refers to the regulations (specified in the Regulations
). Made under this Act:
This Act’s bill:Explanatory statementSecond reading speech
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