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SCHOOL EDUCATION ACT 1999 - SECT 240

SCHOOL EDUCATION ACT 1999 - SECT 240

240 .         Employee may be ordered to leave school premises

        (1)         If the chief executive officer suspects —

            (a)         that a person employed at the premises of a government school or a student residential college may have committed a breach of discipline as referred to in section 80 of the PSMA (whether or not that section applies to the person); and

            (b)         that the presence of the person —

                  (i)         on the premises of that school or college constitutes a risk to the safety or welfare of students at the premises; or

                  (ii)         on the premises of any government school or any student residential college constitutes a risk to the safety or welfare of students generally,

                the chief executive officer may, by order in writing given to the person, require the person to leave the premises of the school or college specified in the order and remain away from those premises, or from the premises of all government schools or all student residential colleges, or both, as the case requires —

            (c)         until —

                  (i)         in the case of a member of the wages staff, any relevant procedures have been followed; or

                  (ii)         in the case of a suspected breach of discipline dealt with under Part 5 of the PSMA — a decision is made under section 81(1)(b), 82A(2) or (3) or 88 of the PSMA;

                or

            (d)         until the order is sooner revoked.

        (2)         The chief executive officer is to ensure that written reasons for issuing an order under subsection (1) are provided with the order.

        (3)         A person must comply with an order given to him or her under subsection (1).

        Penalty: a fine of $5 000.

        (4)         The power conferred by this section is in addition to the powers in Part 5 of the PSMA.

        [Section 240 amended: No. 50 of 2003 s. 94(2); No. 39 of 2010 s. 110(4); No. 28 of 2014 s. 34 and 35; No. 41 of 2016 s. 16.]