Queensland Consolidated Acts

EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 315

315 Periodic review of decision to exclude permanently on ground mentioned in s 292 or 299—person under 24 years

(1) This section applies to a person under 24 years who is excluded permanently—

(a) from a State school at which the person was enrolled immediately before the exclusion on a ground mentioned in section 292 ; or

(b) from certain State schools on a ground mentioned in section 299 ; or

(c) from all State schools on a ground mentioned in section 299 .

(2) In each calendar year after the exclusion, the person may make a written submission to the chief executive about whether the exclusion should be revoked.

(3) The person may only make 1 written submission in each calendar year until the end of the calendar year that the person turns 24.

(4) The chief executive must, within 40 school days after any submission is made under subsection (2) , consider the submission and—

(a) decide whether to revoke the exclusion; and

(b) give notice of the decision and the reasons for the decision to—

(i) the person; and

(ii) the principal of the State school at which the person was enrolled immediately before the exclusion started.

(5) The chief executive must revoke the exclusion to the extent it applies to a State school if the chief executive is reasonably satisfied—

(a) if the person was excluded on a ground mentioned in section 292 (1) (a) , (b) , (c) or (d) , or section 299 (1) (a) , (b) , (c) or (d) —the disobedience, misbehaviour or other conduct is unlikely to recur if the student were allowed to attend the school or schools; or

(b) if the person was excluded on a ground mentioned in section 292 (1) (e) or 299 (1) (e) —the student’s attendance at the school or schools no longer poses an unacceptable risk to the safety or wellbeing of other students or of staff; or

(c) if the person was excluded on a ground mentioned in section 292 (2) or 299 (2) —it would no longer not be in the best interests of other students or of staff for the student to be enrolled at the school or schools.

(6) Otherwise, the chief executive must not revoke the exclusion.

(7) In this section—

"revoke" , an exclusion, means—

(a) revoke the exclusion entirely; or

(b) amend the exclusion so it no longer applies to a particular State school.