Education (General Provisions) Regulation 2017

An association formed for a State instructional institution may conduct at the institution’s premises a tuckshop or other amenity if the association believes the amenity is likely—

to help staff members of the institution in their professional duties; or

to help students of the institution in their studies.

The chief executive may, by notice to an association formed for a State instructional institution, order—

closure of an amenity conducted by the association, if the chief executive believes the amenity—

is not helping, or is hindering, staff members of the institution in their professional duties; or

is not helping, or is hindering, students of the institution in their studies; or

immediate closure of an amenity conducted by the association, if the chief executive believes—

the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in paragraph (a)(i) or (ii); and

it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity.

A notice ordering closure of an amenity under subsection (2)(a) must state—

the day, not less than 28 days after the association receives the notice, on which the amenity must be closed; and

the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2)(a)(i) or (ii); and

that the association may, under section 52, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order closure of the amenity.

A notice ordering immediate closure of an amenity under subsection (2)(b) must state—

that the amenity must be immediately closed; and

the reasons the chief executive believes the amenity is not helping, or is hindering, staff members or students of the institution in the way mentioned in subsection (2)(b)(i) or (ii); and

the reasons the chief executive believes it is necessary, in the interests of the health or safety of staff members or students of the institution, to immediately close the amenity; and

that the association may, under section 52, within 28 days after receiving the notice, ask the Minister to review the chief executive’s decision to order immediate closure of the amenity.

An association that receives a notice under subsection (2)(a) or (b) must comply with the order in the notice.

Despite subsection (5), if an association receives a notice ordering closure of an amenity under subsection (2)(a) and asks the Minister under section 52 to review the chief executive’s decision to order closure of the amenity, the association may continue to conduct the amenity until it receives notice of the Minister’s decision on the review.