SCHOOL EDUCATION ACT 1999 - SECT 44

SCHOOL EDUCATION ACT 1999 - SECT 44

44 .         Evidentiary matters for s. 9 and 38 charges

                In a charge of an offence against section 9(2) in respect of a child who has not complied with section 11I or against section 38 any of the following statements in relation to a particular case are to be taken to be proved unless the contrary is shown —

            (a)         that a child was enrolled at a school on any day or days;

            (b)         that on any day or days a school was open for instruction;

            (c)         that a child enrolled at a school —

                  (i)         did not —

                        (I)         attend the school; or

        (II)         otherwise participate in an educational programme of the school,

                as required by the principal; or

                  (ii)         did not comply with an arrangement under section 24;

            (ca)         that a notice was given under section 11D or 11H in respect of a child;

            (cb)         a statement as to the contents at a particular time of a notice given under section 11D or 11H;

            (cc)         that a child in respect of whom a notice was given under section 11D or 11H has not complied with section 11I;

            (cd)         a statement as to acts, omissions or conduct that constitute such non-compliance;

            (d)         that a person is a parent of a child.

        [Section 44 amended: No. 84 of 2004 s. 80; No. 22 of 2005 s. 37.]