SCHOOL EDUCATION ACT 1999 - SECT 83
SCHOOL EDUCATION ACT 1999 - SECT 83
83 . Inappropriate enrolment, CEO’s powers to cancel
(1) This section
applies to a child —
(a) in
the child’s —
(i)
pre-compulsory education period; or
(ii)
compulsory education period;
and
(b) who
is enrolled in a government school.
(2) If in the opinion
of the chief executive officer a child’s enrolment should not continue
because —
(a) the
child’s usual place of residence has changed to a place that was not in
the intake area for the school at the time of the child’s enrolment at
the school; or
(b) an
appropriate educational programme can no longer be provided at the school for
the child,
the chief executive
officer may —
(c)
cancel the enrolment; and
(d)
determine at which other government school (or schools if a choice is given)
the child may be enrolled.
(3) The chief
executive officer is not to cancel an enrolment under subsection (2) without
first —
(a)
giving notice of the proposed cancellation, and of the reasons for it —
(i)
to a parent of the child; or
(ii)
if the child is a prescribed child, to the child; or
(iii)
to a person whose details have been provided under
section 16(1)(b)(ii)(II);
and
(b)
giving him or her a reasonable opportunity to show why the enrolment should
not be cancelled.
(4) Subject to
subsection (3), the chief executive officer is to give written notice of the
cancellation to the person notified under subsection (3)(a).
(5) The cancellation
takes effect at such time as is specified in the notice given under subsection
(3) unless section 86(3) applies.
[Section 83 amended: No. 11 of 2012 s. 41.]