Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Minister may
appoint an Attendance Panel ( a Panel ), consisting of not less than 3
persons, as he or she considers necessary for the purposes of this Act.
(2) A member of a
Panel for a particular case, or class of cases, is to be a person who has such
experience, skills, attributes or qualifications as the Minister considers
appropriate to that case or class of cases.
(3) At least one
person on a Panel must be a parent or community representative.
(4) The Minister is to
appoint one of the members of a Panel to be the chairperson but the appointee
is not to be a person who —
(a)
comes within a class of employees referred to in section 235(1)(a) or
(c); or
(b) is
employed in the department principally assisting the Minister in the
administration of Part 4.
(5) A Panel cannot
deal with the case of a child —
(a) who
is enrolled at a government school if a member of the Panel
is —
(i)
a member of teaching staff of the school; or
(ii)
a parent of a child who is enrolled at the school;
or
(b) who
is enrolled at a non-government school if a member of the Panel
is —
(i)
the principal of, or a teacher employed at, the school;
or
(ii)
a parent of a child who is enrolled at the school.
(6) The Minister may
give directions in writing to a Panel as to its procedure and a Panel is to
give the child whose case is before the Panel and the child’s parents an
opportunity to be heard, but otherwise a Panel may determine its own
procedure.
(7) Subject to the
Minister’s directions, the child and parents referred to in
subsection (6) are not to be represented by another person before the
Panel unless the Panel otherwise determines on the ground that the process
will not work effectively without that representation but nothing in this
subsection prevents the child and parents from being accompanied by another
person when appearing before the Panel.
(8) The Minister is to
ensure that a Panel is provided with such support services as it may
reasonably require.
(9) The Minister
may —
(a)
direct that the members of a Panel are to be paid remuneration or allowances
or both; and
(b)
determine the amount of any such payments on the recommendation of the
Minister for Public Sector Management.
[Section 39 amended by No. 22 of 2005
s. 39(1).]