Northern Territory Consolidated Acts

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EDUCATION ACT - SECT 38

Referral to Supreme Court

    (1)     Where the Minister and the parent who has actual custody of a handicapped child of compulsory school age cannot reach agreement in relation to proposed special arrangements for or in relation to the education of the child, the Minister may refer the proposed arrangements to the Supreme Court.

    (2)     Subject to this Act, the Supreme Court may, in relation to any proposed arrangements referred to it under subsection (1):

        (a)     authorise the making of the arrangements; or

        (b)     vary the arrangements in such manner as it thinks fit, and authorise the making of the arrangements so varied; or

        (c)     substitute such arrangements as it considers necessary or desirable for the arrangements, and authorise the making of the arrangements so substituted; or

        (d)     refuse to authorise the arrangements.

    (3)     In exercising the jurisdiction conferred by this section, the Supreme Court must have regard to the responsibility of parents to educate their children and give due weight to the wishes of a parent who has the actual custody of a child who is the subject of a referral to the Court under this section.

    (4)     Rules made under the Supreme Court Act may include Rules for or with respect to referrals to the Supreme Court under this section.

    (5)     Unless the Supreme Court otherwise orders, the costs of and incidental to a referral to that Court under this section are to be paid by the Territory.



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