(1) If a submission is made
to the chief executive, the chief executive must, within 40 school days after
receiving the submission, consider the exclusion decision and the submission
and—
(a) confirm the exclusion decision; or
(b) amend the exclusion
decision; or
(c) set aside the exclusion decision and make a new decision in
substitution of the exclusion decision.
(2) If the exclusion decision was
made under section 291or 298, after the chief executive has decided to
confirm, amend or set aside the exclusion decision, the chief executive
must—
(a) as soon as practicable tell the excluded person and relevant
principal—
(i) about the chief executive’s decision; and
(ii) if the
chief executive’s decision allows the excluded person to attend the school
or schools earlier than if the exclusion decision had been confirmed—when
the excluded person may attend the school or schools; and
(b) within 7 days
after telling the excluded person about the chief executive’s decision, give
notice of the chief executive’s decision and the reasons for the chief
executive’s decision to—
(i) the excluded person; and
(ii) the relevant
principal.
(3) If the exclusion decision was made under section 309(5) ,
after the chief executive has decided to confirm, amend or set aside the
exclusion decision, the chief executive must—
(a) as soon as practicable
tell the excluded person—
(i) about the chief executive’s decision; and
(ii) if the chief executive’s decision allows the excluded person to attend
the school or schools earlier than if the exclusion decision had been
confirmed—when the excluded person may attend the school or schools; and
(b) within 7 days after telling the excluded person about the chief
executive’s decision, give the person notice of the chief executive’s
decision and the reasons for the chief executive’s decision.
(4) If the
exclusion decision was made under section 291, 298or 309(5) and was not
made by the chief executive personally, the chief executive must ensure the
submission is not dealt with under this section by—
(a) the person who made
the exclusion decision; or
(b) a person in a less senior office than the
person who made the exclusion decision.
(5) In this section—
"relevant principal" means the principal of the State school at which the
excluded person was enrolled immediately before the exclusion started.
