Education Act 2016

In this section – authorised person means – in relation to the unauthorised absence of any school-aged child or youth from a school or approved learning program, a person authorised under subsection (2) to investigate any unauthorised absence; or in relation to the unauthorised absence of any school-aged child or youth from a particular school, a person authorised under subsection (2) or (3) to investigate any unauthorised absence.

The Secretary may authorise a person to investigate any unauthorised absence of a school-aged child or youth from a State school or an approved learning program.

The administrative authority of a school may authorise a person to investigate any unauthorised absence of a school-aged child or youth from that school.

In authorising a person under subsection (3), the administrative authority of a school is to comply with the Ministerial instructions.

The Secretary is to issue an authorised person he or she authorises under subsection (2), and an administrative authority is to issue an authorised person it authorises under subsection (3), with an identity card bearing the photograph of that person.

An authorised person authorised by the Secretary under subsection (2) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from a State school or an approved learning program.

An authorised person authorised by the administrative authority of a school under subsection (3) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from the school.

An authorised person may – approach any person who appears to him or her to be under the age of 18 years and is apparently not in attendance at a school or an approved learning program; and request the person approached to provide – his or her name, age and address; and the name and address of the school or the provider of the approved learning program normally attended by the person approached; and the reason for being absent from school or the approved learning program.

An authorised person authorised by the Secretary under subsection (2) may accompany any person approached under subsection (8) to his or her home, or to the school or the relevant provider of the approved learning program specified by the person approached, to verify the information provided by the person approached under subsection (8)(b).

An authorised person authorised by the administrative authority of a school under subsection (3) may accompany any person approached under subsection (8) to his or her home, or to that school, to verify the information provided by the person approached under subsection (8)(b) if the person approached stated that he or she is enrolled at that school.

Before taking any action under subsection (9) or (10) in respect of a person, an authorised person must show the person his or her identification card.

In investigating an unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth under subsection (6) or (7), an authorised person may – approach the parent of the child or youth; and require the parent to explain the reason that the child or youth is, or was, absent from school or an approved learning program.

In exercising any powers under this section, an authorised person is to comply with the Ministerial instructions.