School Education Amendment Regulations 2024 (WA)

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Western Australia

School Education Act 1999

School Education Amendment Regulations 2024

Western Australia

School Education Amendment Regulations 2024 Contents School Education Act 1999

School Education Act 1999

School Education Amendment Regulations 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the School Education Amendment Regulations 2024.

2.Commencement

These regulations come into operation as follows —

  • (a)

    regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

  • (b)

    the rest of the regulations — on the day on which the School Education Amendment Act 2024 section 11 comes into operation.

3.Regulations amended

These regulations amend the School Education Regulations 2000.

4.Regulation 46A inserted

At the end of Part 3 Division 5 Subdivision 2 insert:

46A. Suspension of student charged with or convicted of sexual offence

  • (1)

    This regulation applies for the purposes of section 96D.

  • (2)

    If the chief executive officer gives a direction in writing to a principal of a school to wholly or partially suspend a student from attendance at the school under section 96D(2), the principal of the school is to wholly or partially (as the case requires) —

    • (a)

      suspend the student for 10 consecutive school days; or

    • (b)

      suspend the student for such further period as is authorised by the chief executive officer if —

      • (i)

        the period of suspension imposed under paragraph (a) has expired; and

      • (ii)

        the chief executive officer has not made an order under section 96G(1); and

      • (iii)

        the student and, unless the student is an adult student or an independent minor, a parent of the student or a person responsible for the student have been given a reasonable opportunity to show that the suspension should not continue.

  • (3)

    If a principal has suspended a student under subregulation (2), the principal is to ensure that educational instruction is made available to the student.

  • (4)

    If a student is either wholly or partially suspended from attendance at a school for a period of suspension referred to in subregulation (2), and the period imposed would continue at the end of a school term, the period is taken to —

    • (a)

      pause at the end of the school term; and

    • (b)

      resume at the start of the next school term.

  • (5)

    A student who is suspended under subregulation (2) remains subject to the school’s code of conduct during the period of suspension.

Note for this regulation:

Section 232 provides that the chief executive officer may give directions in writing to the principal of a government school with respect to the performance of the principal’s functions under the Act, either generally or in relation to a particular matter, and the principal is to give effect to any such direction. This may include a direction for a period of suspension imposed under subregulation (2)(a) or (b) to cease.

K. COLLERAN, Clerk of the Executive Council

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