Western Australian Consolidated Acts

SCHOOL EDUCATION ACT 1999 - SECT 41

41 .         No prosecution unless non-compliance with advice or assistance offered by an Attendance Panel

        (1)         Where a child’s case has been referred to an Attendance Panel under section 26 or 40(1) and the Panel has given advice or offered assistance under section 26(2)(b) or 40(2)(b), a prosecution for an offence against section 38 is not to be commenced unless there has been failure to follow the advice or accept the assistance.

        (1a)         Where a child’s case has been referred to an Attendance Panel under section 40(1a) and the Panel has given advice or offered assistance under section 40(2)(b), a prosecution for an offence against section 9 is not to be commenced unless there has been failure to follow the advice or accept the assistance.

        (2)         The fact that a child’s case has been referred to an Attendance Panel does not affect the ability of a person who could commence a prosecution against the child for a breach of section 38(2) from referring the matter for consideration by a juvenile justice team under section 27 of the Young Offenders Act 1994 , instead of commencing a prosecution.

        [Section 41 amended by No. 84 of 2004 s. 80; No. 22 of 2005 s. 34 and 39(1).]