EDUCATION ACT 1990 - SECT 77
Acceptance or rejection of conscientious objection
EDUCATION ACT 1990 - SECT 77
Acceptance or rejection of conscientious objection
77 Acceptance or rejection of conscientious objection
(1) The Minister may accept an objection to registration under this Act if the
Minister, having considered the report of the Authority or authorised person
and any decision of the Tribunal, is satisfied that--
(a) the Minister would
be required to register the school or the child for home schooling (as the
case may be) under this Act if an application had been made for such
registration, and
(b) the objection to registration is conscientiously held
on religious grounds.
(2) If the Authority or authorised person has
recommended that the Minister not accept an objection to registration, the
Minister may not refuse to accept the objection unless--
(a) 30 days have
elapsed since the objector was given written notice of the recommendation of
the Authority or authorised person and no application has been made to the
Tribunal for an administrative review of the recommendation within those 30
days, or
(b) the Tribunal has determined an application for an administrative
review (made within those 30 days) of the recommendation and the Minister has
considered any contrary recommendation of the Tribunal and the reasons for it,
or
(c) any such application for an administrative review of the
recommendation has been withdrawn.