Education Act 2016

In this section – Tasmanian public authority means – an Agency, within the meaning of the State Service Act 2000, or part of such an Agency; or the University of Tasmania; or the Police Service; or a council; or a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995; or a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another such body or authority but does not include an Agency, within the meaning of the State Service Act 2000; or a body, whether corporate or unincorporate, that is established by or under an Act for a public purpose; or a company incorporated under the Corporations Act that is controlled by one or more councils or another company that is so controlled; or a company incorporated under the Corporations Act that is controlled by – the Crown; or a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995; or a body or authority referred to in paragraph (f); or another company incorporated under the Corporations Act that is so controlled.

On accepting a referral under section 42(3)(a), the Registrar – is to appoint a conciliator to convene and facilitate a compulsory conciliation conference in respect of the school student; and is to fix a time and place for the compulsory conciliation conference; and is to issue a notice specifying the time and place at which the compulsory conciliation conference is to be held; and is to invite the following persons to attend the compulsory conciliation conference:the parents of the school student; the principal of the school; any other person who has been involved in managing the absenteeism of the school student; and may invite the following persons to attend the compulsory conciliation conference:the school student; a teacher or another employee of the governing body of the school; any other person the Registrar or conciliator considers may have an input, or interest, in resolving the student's absenteeism.

A school student who has not been invited to attend the compulsory conciliation conference may notify the Registrar or conciliator, either in writing or orally, that he or she wishes to attend the conference and, if he or she does so, he or she is entitled to attend the conference.

If a school student who has been invited to attend the compulsory conciliation conference notifies the Registrar or conciliator, either in writing or orally, that he or she does not wish to attend the conference, the student is entitled to make a written submission, or have another person of his or her choice make a written submission on his or her behalf, to the Registrar or conciliator.

If reasonably practicable, the time fixed for the compulsory conciliation conference must be within 3 weeks after the Registrar accepts the referral under section 42(3)(a).

If the Registrar, at his or her own discretion or on the request of the conciliator, considers that a person is relevant to resolving the school student's absenteeism but is unlikely to attend the compulsory conciliation conference unless compelled to attend, the Registrar may require the person, by notice in writing, to attend the conference.

A parent may give the school student's sickness or incapacity as a reason for the absenteeism only if the parent provides evidence from a medical practitioner that the student was, and continues to be, unable to attend school because of a sickness or incapacity within the meaning of sections 19 and 36.

If the Registrar, at his or her own discretion or on the request of the conciliator, considers that any of the following entities has or may have information relevant to a compulsory conciliation conference, the Registrar may require the entity to provide that information to the Registrar for use in the compulsory conciliation conference:an individual; an individual occupying a position; a Tasmanian public authority; a body of persons, corporate or unincorporate.

Before making a requirement under subsection (8), the Registrar is to consider whether the requirement is reasonable after taking into account – the time and cost involved in complying with the requirement; and whether the requirement may require the entity, in disclosing the information, to contravene section 16(2) of the Children, Young Persons and Their Families Act 1997; and any other matter specified in the Ministerial instructions.

An entity specified in subsection (8) is not required to comply with a requirement made under that subsection if to do so would require – the disclosure of information that is exempt information under section 30 of the Right to Information Act 2009; or the disclosure of information in contravention of any law other than – the Personal Information Protection Act 2004; or a law prescribed by the regulations.