sec.313Dealing with submissions against exclusions

sec.313 Dealing with submissions against exclusions

If a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and the submission and— confirm the exclusion decision; or amend the exclusion decision; or set aside the exclusion decision and make a new decision in substitution of the exclusion decision. If the exclusion decision was made under section 291 or 298 , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person and relevant principal— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to— the excluded person; and the relevant principal. If the exclusion decision was made under section 309 (5) , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision. If the exclusion decision was made under section 291 , 298 or 309 (5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by— the person who made the exclusion decision; or a person in a less senior office than the person who made the exclusion decision. In this section— relevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started. s 313 amd 2010 No. 50 s 18 ; 2013 No. 59 s 18 (sec.313-ssec.1) If a submission is made to the chief executive, the chief executive must, within 40 school days after receiving the submission, consider the exclusion decision and the submission and— confirm the exclusion decision; or amend the exclusion decision; or set aside the exclusion decision and make a new decision in substitution of the exclusion decision. (sec.313-ssec.2) If the exclusion decision was made under section 291 or 298 , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person and relevant principal— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give notice of the chief executive’s decision and the reasons for the chief executive’s decision to— the excluded person; and the relevant principal. (sec.313-ssec.3) If the exclusion decision was made under section 309 (5) , after the chief executive has decided to confirm, amend or set aside the exclusion decision, the chief executive must— as soon as practicable tell the excluded person— about the chief executive’s decision; and if the chief executive’s decision allows the excluded person to attend the school or schools earlier than if the exclusion decision had been confirmed—when the excluded person may attend the school or schools; and within 7 days after telling the excluded person about the chief executive’s decision, give the person notice of the chief executive’s decision and the reasons for the chief executive’s decision. (sec.313-ssec.4) If the exclusion decision was made under section 291 , 298 or 309 (5) and was not made by the chief executive personally, the chief executive must ensure the submission is not dealt with under this section by— the person who made the exclusion decision; or a person in a less senior office than the person who made the exclusion decision. (sec.313-ssec.5) In this section— relevant principal means the principal of the State school at which the excluded person was enrolled immediately before the exclusion started.