40Investigation of unauthorised absence

40 Investigation of unauthorised absence

(1)  In this section –

authorised person means –

(a) in relation to the unauthorised absence of any school-aged child or youth from a school or approved learning program, a person authorised under subsection (2) to investigate any unauthorised absence; or

(b) in relation to the unauthorised absence of any school-aged child or youth from a particular school, a person authorised under subsection (2) or (3) to investigate any unauthorised absence.

(2)  The Secretary may authorise a person to investigate any unauthorised absence of a school-aged child or youth from a State school or an approved learning program.

(3)  The administrative authority of a school may authorise a person to investigate any unauthorised absence of a school-aged child or youth from that school.

(4)  In authorising a person under subsection (3) , the administrative authority of a school is to comply with the Ministerial instructions.

(5)  The Secretary is to issue an authorised person he or she authorises under subsection (2) , and an administrative authority is to issue an authorised person it authorises under subsection (3) , with an identity card bearing the photograph of that person.

(6)  An authorised person authorised by the Secretary under subsection (2) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from a State school or an approved learning program.

(7)  An authorised person authorised by the administrative authority of a school under subsection (3) may investigate any unauthorised absence, or suspected unauthorised absence, of a school-aged child or youth from the school.

(8)  An authorised person may –

(a) approach any person who appears to him or her to be under the age of 18 years and is apparently not in attendance at a school or an approved learning program; and