Education Act 2016
134Review by Secretary of exclusion, expulsion or prohibition from attending State school
Start here
Get a plain-English read of 134
Turn the raw legal text into a practical explanation grounded in Education Act 2016.
134 Review by Secretary of exclusion, expulsion or prohibition from attending State school
(1) In this section –
original decision means a determination by the Secretary under section 132(3) to –
(a) exclude a student from attending his or her school; or
(b) expel a student from his or her school; or
(c) prohibit a student from enrolling at a specified State school or at any State school;
school student includes a person who has been suspended or expelled from a school under section 132 .
(2) If a school student, under section 132(3) , is –
(a) excluded from attending his or her school; or
(b) expelled from his or her school; or
(c) prohibited from attending a specific State school or any State school –
the student's parent or the student may apply, in writing, to the Secretary for a review, or for periodic reviews, of the exclusion, expulsion or prohibition.
(3) On receipt of an application, the Secretary may –
(a) agree to conduct a single review or periodic reviews, regardless of whether the application was for a single review or for periodic reviews; or
(b) refuse to conduct a single review or periodic reviews, regardless of whether the application was for a single review or for periodic reviews.
(4) On making a determination under subsection (3) , the Secretary is to notify the applicant, in writing –
(a) of that determination; and
(b) if the determination is to conduct periodic reviews, of how often the reviews will be conducted; and
(c) if the determination is a refusal to conduct a review or periodic reviews, of the reasons for the determination.