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EDUCATION ACT 1990 - SECT 108 Determination of application by Tribunal

EDUCATION ACT 1990 - SECT 108

Determination of application by Tribunal

108 Determination of application by Tribunal

(1) On application for the administrative review of a recommendation or decision, the Tribunal may--
(a) confirm the recommendation, direction or decision, or
(a1) in the case of an application for the administrative review of a direction of the Secretary concerning the government schools in which a particular student may be enrolled--recommend to the Minister that the direction be varied or revoked, or
(a2) in the case of an application for the administrative review of a non-attendance direction given by the Minister under section 26HA--recommend to the Minister that the direction be varied or revoked, or
(b) in the case of an application for the administrative review of a recommendation of the Authority or other person or body--make a different recommendation to the Minister concerning the subject-matter of the application, or
(c) in the case of an application for the administrative review of a decision of the Authority not to accredit a school--recommend to the Minister that the Minister accredit the school as requested or grant such other accreditation as the Tribunal considers appropriate, or
(d) in the case of an application for the administrative review of a decision of the Authority to cancel a school's accreditation--recommend to the Minister that the Minister not cancel the accreditation or cancel it only in so far as it relates to one of the recognised certificates.
(2) This section applies to the exclusion of the provisions of sections 63 (Determination of administrative review by Tribunal) and 65 (Power to remit matters to administrator for further consideration) of the Administrative Decisions Review Act 1997 .
(3) This section does not apply in relation to a decision of the Authority under Part 7A.
Note : Accordingly, sections 63 and 65 of the Administrative Decisions Review Act 1997 apply.
(4) The Minister is not required under the Administrative Decisions Review Act 1997 , or any other Act or law, to give reasons for a decision to give a non-attendance direction to a student under section 26HA if the Minister reasonably believes that to do so would--
(a) endanger a person's life or physical safety, or
(b) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained, or
(c) prejudice the investigation of a contravention (or possible contravention) of a law in any particular case, or
(d) not be in the public interest.