Education (General Provisions) Act 2006
sec.309Exclusion
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sec.309 Exclusion
This section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools. This section also applies if there are no accepted representations for the show cause notice. The chief executive must decide to exclude the prospective student from the schools. See chapter 15 , part 4 for review of the decision by QCAT. The chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 306 . If the decision relates to certain State schools, the chief executive must give the prospective student a notice stating— that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and the reason for the exclusion; and that the prospective student may make a submission asking the chief executive to review the exclusion under division 6 ; and the title, name and address of the chief executive; and the way in which the submission may be made. If the decision relates to all State schools, the chief executive must give the prospective student a notice— stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and complying with the QCAT Act , section 157 (2) . s 309 amd 2009 No. 24 s 139 ; 2013 No. 59 s 15 ; 2014 No. 62 s 46 (sec.309-ssec.1) This section applies if, after considering any accepted representations for the show cause notice, the chief executive still reasonably believes the prospective student’s attendance at certain State schools or all State schools would pose an unacceptable risk to the safety or wellbeing of other students or staff of the schools. (sec.309-ssec.2) This section also applies if there are no accepted representations for the show cause notice. (sec.309-ssec.3) The chief executive must decide to exclude the prospective student from the schools. See chapter 15 , part 4 for review of the decision by QCAT. (sec.309-ssec.4) The chief executive may not decide to exclude the prospective student for a longer period than the period of the proposed exclusion stated in the show cause notice given to the prospective student under section 306 . (sec.309-ssec.5) If the decision relates to certain State schools, the chief executive must give the prospective student a notice stating— that the prospective student is excluded from the stated schools for a stated period of not more than 1 year or permanently; and the reason for the exclusion; and that the prospective student may make a submission asking the chief executive to review the exclusion under division 6 ; and the title, name and address of the chief executive; and the way in which the submission may be made. (sec.309-ssec.6) If the decision relates to all State schools, the chief executive must give the prospective student a notice— stating that the prospective student is excluded from all State schools for a stated period of not more than 1 year or permanently; and complying with the QCAT Act , section 157 (2) .