SCHOOL EDUCATION ACT 1999 - SECT 36

SCHOOL EDUCATION ACT 1999 - SECT 36

36 .         Powers to detain and question and to enter public places

        (1)         An attendance officer may —

            (a)         stop and detain a person whom he or she reasonably believes to be an absentee student or a child who is not complying with section 11I; and

            (b)         enter any premises to which the public has access, without paying the charge, if any, for access to the premises, for the purpose of checking whether any absentee student or child who is not complying with section 11I is on the premises.

        (2)         A person detained under subsection (1) —

            (a)         may be questioned by an attendance officer as to whether the person is an absentee student or a child who is not complying with section 11I; and

            (b)         may be required to inform an attendance officer of —

                  (i)         his or her full name and address; and

                  (ii)         his or her age; and

                  (iii)         in the case of a person who appears to the officer to be an absentee student, the name of the school at which he or she is enrolled; and

                  (iv)         in the case of a person who appears to the officer to be a child who is not complying with section 11I, the name or names of the relevant provider or providers in respect of the child.

        (3)         A person to whom a requirement under subsection (2) is directed must not —

            (a)         fail to comply with the requirement; or

            (b)         in purported compliance give any information that is false or misleading.

        Penalty: a fine of $200.

        [Section 36 amended: No. 22 of 2005 s. 30 and 40; No. 28 of 2014 s. 35.]