Australian Capital Territory Consolidated Acts

EDUCATION ACT 2004 - SECT 36

    (1)     This section applies if—

        (a)     a student attending a government school—

              (i)     is persistently and wilfully noncompliant; or

              (ii)     threatens to be violent or is violent to another student attending the school, a member of the staff of the school or anyone else involved in the school's operation; or

              (iii)     acts in a way that otherwise threatens the good order of the school or the safety or wellbeing of another student attending the school, a member of staff of the school or anyone else involved in the school's operation; or

              (iv)     displays behaviour that is disruptive to the student's learning or that of other students; and

        (b)     the principal of the school is satisfied that action should be taken under this section.

    (2)     The principal may recommend to the chief executive that the chief executive—

        (a)     suspend the student from the school for a stated period of not longer than 20 days; or

        (b)     transfer the student to another government school; or

        (c)     exclude the student from all government schools.

    (3)     After considering the principal's recommendation, the chief executive may—

        (a)     give effect to the recommendation; or

        (b)     take any other action mentioned in subsection (2) that the chief executive considers appropriate; or

        (c)     suspend the student for not longer than 20 days.

    (4)     The chief executive may exclude the student only if—

        (a)     the student's parents have been given an opportunity to be consulted, and told in writing, about the proposed exclusion of the child and the reasons for it; and

        (b)     the student has been given a reasonable opportunity to attend counselling, undertake relevant educational programs or receive other appropriate assistance; and

        (c)     as far as the student's maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to exclude the student; and

        (d)     the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and

        (e)     the student has been offered alternatives for continuing the student's education during the exclusion.

    (5)     The chief executive may suspend or transfer the student only if—

        (a)     the student's parents have been given an opportunity to be consulted, and told in writing, about the proposed suspension or transfer of the student and the reasons for it; and

        (b)     as far as the student's maturity and capacity for understanding allow, the participation of the student has been sought, and any views of the student considered, in deciding whether to suspend or transfer the student; and

        (c)     the student has been given sufficient information about the decision-making process, in a language and way that the student can understand, to allow the student to take part in the process; and

        (d)     the student has been given a reasonable opportunity to continue the child's education during the suspension.

    (6)     Despite subsection (5), the chief executive may immediately suspend the student for not longer than 5 days if, in the chief executive's opinion, the circumstances are of such urgency or seriousness to require the child's immediate suspension.

    (7)     However, before suspending the student under subsection (6), the chief executive must comply with the requirements of subsection (5) (a) to (d) to the extent that it is practicable and appropriate to do so.

    (8)     To remove any doubt, the chief executive may suspend the student under subsection (6) while deciding what other action (if any) should be taken in relation to the student under this section.

    (9)     If the student is suspended for 7 or more school days in a school term (whether or not consecutive school days), the chief executive must ensure that the student is given a reasonable opportunity to attend appropriate counselling.

    (10)     The chief executive may delegate the chief executive's power to suspend a student from a government school for not longer than 5 days to the principal of the school.

Note     For the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.