Western Australian Consolidated Acts

SCHOOL EDUCATION ACT 1999 - SECT 45

45 .         Conduct of prosecutions

        (1)         Prosecutions for offences against section 9(2) in respect of a child who has not complied with section 11I or against section 38 may be conducted by any 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,

                and who is authorised by the Minister to do so.

        (2)         Subsection (1) does not limit the ability of a person to commence or conduct the prosecution of an offence if the person has authority at law to do so.

        (3)         A certificate purporting to have been issued by the Minister stating that a person has power under subsection (1) to conduct prosecutions is evidence in any proceedings that the person has that power.

        [Section 45 amended by No. 84 of 2004 s. 80; No. 22 of 2005 s. 38.]