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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(c) any such application for an administrative review of the recommendation has been withdrawn.