36Youth excused from daily attendance at approved learning program

36 Youth excused from daily attendance at approved learning program

(1)  A youth is excused from attendance at an approved learning program if –

(a) the youth –

(i) is sick; or

(ii) has a temporary physical or mental incapacity; and

(b) that sickness or physical or mental incapacity is such that it prevents the youth from attending; and

(c) a parent of the youth or, if the youth is living independently from his or her parents, the youth has notified the provider of the program of the reason for the absence –

(i) if the provider has a policy or requirements relating to the notification of absences, in accordance with the policy or requirements; or

(ii) in any other case, as soon as reasonably practicable on or after the day on which the youth is absent from the approved learning program but not later than 2 days after that day.

(2)  If a youth has failed to attend at an approved learning program because of sickness or incapacity for a total of 5 days in any calendar year, the parent of the youth, or the youth, is to provide a certificate from a medical practitioner to the provider of the program in relation to any further failure to attend because of sickness or incapacity if requested to do so by the provider.

(3)  For the purposes of subsections (1) and (2) , if a youth has a medical or other condition that results in the youth being susceptible to having a physical, emotional or mental reaction to an incident, situation or exposure to disease which is stronger than the reaction of youths who do not have the condition –

(a) the youth, by reason of that condition alone, is taken not to be sick or incapacitated; but

(b) on the day the youth is absent from an approved learning program, is taken to be sick or incapacitated if he or she is experiencing or recovering from such a reaction.

(4)  A provider of an approved learning program may require a youth not to attend that part of the program provided by that provider during any day on which the youth has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons present at the provider's premises.