Northern Territory Consolidated Acts

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EDUCATION ACT 2015 - SECT 113

Powers of CEO with respect to school representative body

    (1)     The CEO may investigate any suspected failure by a school representative body to comply with a requirement of the body under this Act, including non-compliance with a legal, financial or governance obligation.

    (2)     The CEO may, whether or not following an investigation under subsection (1), give a direction to a school representative body about the performance of its functions, if the CEO considers it appropriate to do so having regard to how the body is performing or not performing its functions.

    (3)     A school representative body must comply with a direction given to the body under subsection (2) within the period specified in the direction.

    (4)     If a school representative body does not comply with a direction in accordance with subsection (3), the CEO may give the body a written notice (a show cause notice ) that:

        (a)     states the action (the proposed action ) that the CEO is proposing to take in relation to the body; and

        (b)     states the grounds for the proposed action; and

        (c)     gives a brief description of the facts and circumstances forming the basis for the grounds; and

        (d)     invites the school representative body to show within a stated period (the show cause period ) why the proposed action should not be taken.

    (5)     The show cause period must end no sooner than 30 days after the show cause notice is given to the school representative body.

    (6)     After considering any response received from the school representative body within the show cause period, the CEO may:

        (a)     by notice given to the school representative body, suspend the body from operating for a period specified in the notice that is not longer than the period prescribed by regulation; or

        (b)     take any other action that the CEO has power to take; or

        (c)     decide not to take any action.

    (7)     Action may be taken under subsection (6)(a) or (b) only if it was a proposed action stated in the show cause notice.

    (8)     Action may be taken under subsection (6)(a) only if the CEO considers that the seriousness of the circumstances is such that it is necessary to take that action.



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