South Australian Consolidated Regulations South Australian Consolidated Regulations (1) An appeal to the
relevant authority may be made against—
(a) a
decision of the head teacher of a school to exclude a student from attendance
at the school or to expel a student from the school under these regulations;
or
(b) a
decision of the Director-General to expel a student from all schools and other
specified facilities used by the Department for educational purposes under
these regulations,
by—
(c) the
student; or
(d) a
parent of the student; or
(e) an
adult acting at the request of the student or parent of the student.
(2) A decision of the
head teacher of a school to suspend a student from attendance at the school
under these regulations is not subject to appeal.
(3) An appeal must be
instituted—
(a) in
the case of an appeal against a decision to exclude a student from attendance
at a school—within 5 school days after notification of the decision to
the student;
(b) in
any other case—within 10 school days after notification of the decision
to the student.
(4) The
relevant authority may dispense with the requirement that an appeal be
instituted within the period fixed by subregulation (3).
(5) An appeal must be
instituted by lodging a notice in a form approved by the
Director-General—
(a) in
the case of an appeal to a panel established under
subregulation (9)—with the responsible officer; or
(b) in
any other case—with the relevant authority.
(6) An appeal must be
heard within two weeks after it is instituted.
(7) The person who
made the original decision being appealed against, or the relevant authority,
may stay the operation of the decision until the appeal is determined,
withdrawn or struck out.
(8) A stay cannot be
granted if its effect would be to create a danger to person or property or to
allow a danger to person or property to continue.
(9) The
responsible officer must, from time to time for the purposes of hearing an
appeal under this regulation, establish a panel constituted of—
(a) the
responsible officer; and
(b) a
head teacher of a school (other than the head teacher against whose decision
the appeal has been instituted) nominated by the responsible officer; and
(c) a
person with experience in the administration of equal opportunity matters
nominated by the Director-General.
(10) A decision
carried by a majority of the votes of the members of the panel is a decision
of the panel.
(11) The
relevant authority may, on the hearing of an appeal—
(a)
affirm, vary or quash the decision appealed against or substitute, or make in
addition, any decision that the authority thinks appropriate; and
(b) make
recommendations as to actions to be taken in relation to the student.
(12) In this
regulation—
"relevant authority" means—
(a) in
relation to a decision of the head teacher of a school to exclude a student
from attendance at a school—the panel established by the
responsible officer under subregulation (9);
(b) in
relation to a decision of the head teacher of a school to expel a student from
the school—the Director-General;
(c) in
relation to a decision of the Director-General—the Minister.