South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) - SECT 80

80—Appeal against decision to exclude or expel student

        (1)         A prescribed person in relation to a student may appeal to the relevant authority against—

            (a)         an exclusion of the student from attendance at school under section 77

; or

            (b)         an expulsion of the student from a school under section 78

; or

            (c)         an expulsion of the student from all Government schools under section 79

.

        (2)         An appeal must be instituted—

            (a)         in the case of an appeal against a decision to exclude a student from attendance at a school—within 5 school days after the student is notified of the decision;

            (b)         in any other case—within 10 school days after the student is notified of the decision,

(or such longer period as may be allowed by the relevant authority).

        (3)         An appeal must be instituted by lodging a notice in a form approved by the Chief Executive—

            (a)         in the case of an appeal to a panel established under subsection (7)

—with a person or body specified by the Chief Executive; or

            (b)         in any other case—with the relevant authority.

        (4)         An appeal must be heard within 2 weeks after it is instituted.

        (5)         The person who made the original decision being appealed against, or the relevant authority, may stay the operation of the decision until the appeal is determined, withdrawn or struck out.

        (6)         A stay cannot be granted if its effect would be to create a danger to person or property or to allow a danger to person or property to continue.

        (7)         The Chief Executive must, for the purposes of hearing an appeal under this section, from time to time establish a panel consisting of the following persons nominated by the Chief Executive:

            (a)         an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act;

            (b)         a principal of a school (not being the principal who made the decision to exclude or expel the student to whom the appeal relates);

            (c)         a person with experience in the administration of equal opportunity matters.

        (8)         A decision carried by a majority of the votes of the members of the panel is a decision of the panel (and, subject to this Act and any direction of the Chief Executive, the panel may determine its own procedures).

        (9)         The relevant authority may, on the hearing of an appeal—

            (a)         affirm, vary or quash the decision appealed against or substitute, or make in addition, any decision that the relevant authority thinks appropriate; and

            (b)         make recommendations as to actions to be taken in relation to the student.

        (10)         In this section—

"prescribed person", in relation to a student, means—

            (a)         the student; or

            (b)         a person responsible for the student; or

            (c)         an adult acting at the request of the student or a person responsible for the student;

"relevant authority" means—

            (a)         in relation to a decision of the principal of a school to exclude a student from attendance at a school under section 77

—the panel established under subsection (7)

;

            (b)         in relation to a decision of the principal of a school to expel a student from the school under section 78

—the Chief Executive;

            (c)         in relation to a decision of the Chief Executive to expel a student from all Government schools under section 79

—the Minister.