SCHOOL EDUCATION ACT 1999 - SECT 42

SCHOOL EDUCATION ACT 1999 - SECT 42

42 .         Prosecution of s. 9 or 38 offence, prerequisites to commencing

        (1)         A prosecution for an offence against section 38(1) or 38(2) is not to be commenced in respect of a child unless a certificate has been given that —

            (a)         reasonably practicable steps have been taken to secure compliance with section 23 by the child; but

            (b)         breaches of the section have continued.

        (1a)         A prosecution for an offence against section 9(2) is not to be commenced in respect of a child to whom a notice under section 11D or 11H relates unless a certificate has been given that —

            (a)         reasonably practicable steps have been taken to secure compliance with section 11I by the child; but

            (b)         non-compliance with that section has continued.

        (1b)         Subsection (1a) does not apply where the non-compliance is a failure to participate in an apprenticeship as mentioned in section 11I(2)(a).

        (2)         Subject to subsection (3), a certificate under subsection (1) is to be given either —

            (a)         by the Attendance Panel to which the child’s case was referred under section 26 or 40; or

            (b)         by —

                  (i)         the chief executive officer referred to in section 151 in the case of a child enrolled at a non-government school; or

                  (ii)         the chief executive officer referred to in section 229 in the case of a child enrolled at a government school or a child in respect of whom notice has been given under section 11D or 11H.

        (3)         If the CEO as defined in section 3 of the Children and Community Services Act 2004 has parental responsibility for a child under that Act, a certificate under subsection (1) is to be given by the chief executive officer referred to in section 229 or if the child’s case has been referred to an Attendance Panel, by both of the chief executive officer and the Panel.

        [(4)         deleted]

        (5)         In any proceedings under section 9 or 38 the certificate given under subsection (1) or (1a) is to be given to the court.

        (6)         Where in any proceedings a document is produced purporting to be a certificate given under subsection (1) or (1a), the court is to presume, unless the contrary is shown, that the document is such a certificate.

        [Section 42 amended: No. 34 of 2004 Sch. 2 cl. 24; No. 84 of 2004 s. 80; No. 22 of 2005 s. 35 and 39; No. 44 of 2008 s. 61(12); No. 28 of 2014 s. 28.]