Education Act 2016

In this section – original decision means a determination by the Secretary under section 132(3) to – exclude a student from attending his or her school; or expel a student from his or her school; or prohibit a student from enrolling at a specified State school or at any State school; school student includes a person who has been suspended or expelled from a school under section 132.

If a school student, under section 132(3), is – excluded from attending his or her school; or expelled from his or her school; or prohibited from attending a specific State school or any State school – the student's parent or the student may apply, in writing, to the Secretary for a review, or for periodic reviews, of the exclusion, expulsion or prohibition.

On receipt of an application, the Secretary may – agree to conduct a single review or periodic reviews, regardless of whether the application was for a single review or for periodic reviews; or refuse to conduct a single review or periodic reviews, regardless of whether the application was for a single review or for periodic reviews.

On making a determination under subsection (3), the Secretary is to notify the applicant, in writing – of that determination; and if the determination is to conduct periodic reviews, of how often the reviews will be conducted; and if the determination is a refusal to conduct a review or periodic reviews, of the reasons for the determination.

On conducting a review, the Secretary may – confirm the original decision; or rescind that original decision.

On completing a review, the Secretary is to notify the applicant for the review, in writing, of his or her determination and, if the determination is to confirm the original decision, of the reasons for that determination.