Education Act Amendment Act (No. 2) 1976 (WA)

WESTERN AUSTRALIA.

EDUCATION (No. 2).

No. 95 of 1976.

AN ACT to amend the Education Act, 1928-1976.

[Assented to 12th November, 1976.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. (1) This Act may be cited as the Education	and citation.
Short title

Act Amendment Act (No. 2), 1976.

Reprinted as

(2) In this Act the Education Act, 1928-1976 is approved for reprint 22nd

referred to as the principal Act. June, 1976.

(3) The principal Act as amended by this Act

may be cited as the Education Act, 1928-1976.

No. 95.] Education (No. 2). [1976.

Section 13

amended. 2. Section 13 of the principal Act is amended--

(a) by adding after subsection (3b) a sub- section as follows

(3c) Notwithstanding the provisions of subsection (1) of this section where the parent of a child is required by a direction served and in force under section twenty A of this Act to cause the child to attend a school specified in the direction he shall, unless that school is not open or some reasonable excuse for non-attendance is shown, cause the child to attend that school during such times as are specified in the direction. ; and

(b) by inserting before the word "of" in line two of subsection (5) the passage "or (3c)".

Section 20

repealed	3. The principal Act is amended by repealing
and

re-enacted.	section 20 and re-enacting that section as follows-
Definition

of "adviso y	20. In section twenty A, twenty B or twenty C of this Act the term "advisory panel" means an advisory panel convened and constituted under section twenty D of this Act. .
panel".
Section 20A

added. 4. The principal Act is amended by adding after

section 20 a section as follows-

Children

requiring

20A. (1) Where is appears to an advisory panel that a child of not less than six years of age nor more than leaving age has a mental or physical disorder or disability of such a nature that the interests of that child would be best served if he were to attend a school providing education of a kind specially suited to persons suffering from such a disorder or disability, the Minister may, on the recommendation of the panel, serve on the parent of the child a direction in writing requiring the parent to cause the child to attend such school or schools as is or are specified in the direction during such times as are so specified.

education.

special

1976.] Education (No. 2). [No. 95.

(2) Subject to subsection (5) of section twenty E of this Act a direction served under this section shall come into force on such date as is specified in the direction and shall remain in force until

(a)	it lapses or is revoked or cancelled under this Act;
(b)	the parent of the child to whom it relates is served with another direction under this section or a direction under section twenty B of this Act; or
(c)	the child to whom it relates attains leaving age,

whichever occurs first.

(3) At any time whilst a direction under this section is in force in relation to a child the Minister may

(a)	serve on the parent of that child a notice in writing revoking the direction; or
(b)	on the recommendation of an advisory panel, serve on the parent of that child another direction under this section in relation to the child.

(4) Notwithstanding section fourteen of this Act, whilst a direction served under this section is in force in relation to a child the mental or physical disorder or disability by reason of which the direction was served shall not be regarded as providing a reasonable excuse for the non-attendance of that child at a school specified in the direction. .

Section 20B

5. The principal Act is amended by adding after added.

section 20 a section as follows-

20B. (1) Where it appears to an advisory panel that a child has a mental or physical

Children

with severe

disorders.

disorder or disability of so severe a nature that the presence of that child in a Government school would disrupt the normal operation of the school the Minister may, on the recommen- daton of the panel, serve on the parent of the

No. 95.] Education (No. 2). [1976.

child a direction in writing directing the parent to refrain from causing the child to attend any Government school and whilst the direction remains in force the Minister shall refuse to permit the child to attend any Government school.

(2) A direction served under this section shall come into force on the day following the day on which it is served and shall remain in force until

(a)	it lapses or is revoked or cancelled under this Act; or
(b)	the parent of the child to whom it relates is served with a direction under section twenty A of this Act,

whichever occurs first.

(3) At any time whilst a direction under this section is in force in relation to a child the Minister may serve on the parent of that child a notice in writing revoking the direction.

(4) The provisions of sections thirteen and sixteen of this Act do not apply to or in relation to a child whilst a direction served under this section is in force in relation to that child. .

Section 200

added

6. The principal Act is amended by adding after section 20 a section as follows-

Review and

confirma-

tion of	20C. (1) Where a direction served under
Minister.

direction by section twenty A or twenty B of this Act is in force in relation to a child the parent of that child may

(a)	within twenty-one days after the expiration of a period of one year from the date of the service of the direction; and
(b)	within twenty-one days after the expiration of any subsequent period of two years,

1976. ] Education (No. 2). [No. 95.

serve on the Minister a request in writing requesting the Minister to reconsider the direction and, within sixty days after being served with that request, the Minister shall consider whether it is necessary for the direction to remain in force and may, on the recom- mendation of an advisory panel, serve a notice in writing on the parent confirming the direction.

(2) If the Minister does not confirm a direction within sixty days after being served with a request under subsection (1) of this section and the direction is still in force at the expiration of that period, the direction shall thereupon lapse. .

Section

7. The principal Act is amended by adding after added. 20D

section 20 a section as follows—

Avisory

20D. (1) The Minister may convene an panels.

advisory panel whenever he considers it necessary or desirable to do so for the purposes of section twenty A, twenty B or twenty C of this Act.

(2) An advisory panel shall consist of two or more persons who, because of their professional or other qualifications or experience, are in the opinion of the Minister qualified to give advice as to the educational or other needs of a child having regard to the disorder or disability from which the child suffers.

(3) Of the members of an advisory panel

(a)	at least one shall be a teacher; and
(b)	at least one shall be either a guidance officer appointed under this Act or a psychologist who is a member of the Australian Psychological Society. .

No. 95.] Education (No. 2). [1976.

Section 20E

added.	8. The principal Act is amended by adding after section 20 a section as follows-
Children's

court may	20E. (1) A parent who has been served
cancel or

confirm	with
direction.

(a)	a direction under section twenty A or twenty B of this Act; or
(b)	a notice under section twenty C of this Act confirming a direction under section twenty A or twenty B of this Act,

may, within thirty days after the service of that direction or notice, as the case may be, on complaint duly laid before a children's court and served on the Minister as defendant to the proceedings, apply to the court for an order cancelling the direction.

(2) In any proceedings under this section the onus shall lie on the Minister to show cause why the direction should not be cancelled.

(3) In any proceedings under this section the Minister may be represented by a person authorised by the Minister in that behalf.

(4) On the hearing of a complaint under this section the court shall make an order

(a) cancelling the direction; or

(b) confirming the direction,

and may, if it thinks fit, make an order as to the

costs of the proceedings.

(5) Where, within thirty days after being served with a direction under section twenty A of this Act, a parent lays a complaint under this section before a children's court

(a)	if the direction is not in force when the complaint is laid—the direction shall not come into force until the court has heard and determined the complaint;
(b)	if the direction is in force when the complaint is laid—the direction shall, by operation of this subsection, cease

1976.] Education (No. 2). [No. 95.

to be in force from the time when the complaint is laid until the court has heard and determined the complaint.

(6) Nothing in subsection (5) of this section prevents the Minister from exercising his powers under subsection (3) of section twenty A or subsection (3) of section twenty B of this Act at any time whilst the determination of a complaint laid under this section is pending. .

Section 20F

9. The principal Act is amended by adding after added.

section 20 a section as follows-

Certain

20F. (1) There shall be included in every direction served under section twenty A or

statements

to be

included in

twenty B of this Act a statement advising the

directionsand

parent of the child to whom the direction relates

notices.

that he may

(a)	within twenty-one days after the expiration of a period of one year from the date of the service of the direction; and
(b)	within twenty-one days after the expiration of any subsequent period of two years,

serve on the Minister a request in writing requesting the Minister to reconsider the direction.

(2) There shall be included in

(a)	every direction served under section twenty A or twenty B of this Act; and
(b)	every notice served under section twenty C of this Act confirming a direction served under section twenty A or twenty B of this Act,

a statement advising the parent of the child to whom the direction relates that he may, within thirty days after the service of the direction or notice, as the case may be, apply to a children's court pursuant to section twenty E of this Act for an order cancelling the direction. .

No. 95.] Education (No. 2). [1976.

Section 28

amended. 10. Section 28 of the principal Act is amended by deleting paragraph (p2) of subsection (1).

Etcdti3og 320 11. The principal Act is amended by repealing

repealed.	sections 32C and 32D.
Section 34

amended. 12.

Section 34 of the principal Act is amended by

deleting the passage ", or of section eighteen," in

lines one and two of subsection (2).

Section 37AP

amended.	13. Subsection (3) of section 37AF of the principal Act is amended by adding after the word "course" in subparagraph (ii) of the definition "service" in paragraph (b), the words "that was commenced before the first day of January nineteen hundred and seventy-seven and was pursued with financial assistance from the Minister".
Section 90

amended. 14.

Section 40 of the principal Act is amended by repealing subsection (2).

Second

Schedule 15. The Second Schedule to the principal Act is

amended. amended

(a)	by deleting the words "the age of Fourteen Years" in line two and substituting the words "School Leaving Age"; and
(b)	by deleting the words "below the age of fourteen years now residing in this dwelling house" and substituting the words "now residing in this dwelling house who are below the leaving age fixed by the above Act".

Third

Schedule	16. The Third Schedule to the principal Act is amended by deleting the words "ages of six and fourteen" in line four and substituting the words "age of six years and leaving age".
amended.