South Australian Numbered Acts

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EDUCATION AND EARLY CHILDHOOD SERVICES (REGISTRATION AND STANDARDS) ACT 2011 (NO 46 OF 2011) - SECT 71

71—Internal review of certain decisions of Board

        (1)         This section applies to the following decisions of the Board:

            (a)         a refusal by the Board to register, or reinstate the registration of, a school under this Act;

            (b)         a refusal by the Board to endorse the registration of a school under section 49;

            (c)         the removal by the Board of an endorsement of registration under section 50(3);

            (d)         the imposition by the Board of conditions on a school's registration or endorsement of registration under this Act (other than where the conditions were imposed under Part 7);

            (e)         any other decision of a kind prescribed by the regulations.

        (2)         A school or person who is the subject of a decision to which this section applies (the "original decision") may apply to the Board for a review of the decision.

        (3)         An application under subsection (2)—

            (a)         must be made in a manner and form determined by the Board; and

            (b)         unless the Board allows otherwise, must be made within 14 days after—

                  (i)         if the school or person was notified of the original decision in accordance with this Act—the day on which the school or person was so notified; or

                  (ii)         if the school or person was not notified of the original decision in accordance with this Act—the school or person becomes aware of the decision.

        (4)         The member of the Board or person who conducts the review must not have been involved in, or in relation to, the original decision.

        (5)         The person conducting the review may ask the applicant for further information.

        (6)         A review must be conducted within 30 days after the application is made.

        (7)         However, the period specified in subsection (6) may be extended by up to 30 days—

            (a)         if a request for further information is made under subsection (5); or

            (b)         by agreement between the applicant and the Board.

        (8)         On completion of a review, the Board

            (a)         may—

                  (i)         confirm the original decision; or

                  (ii)         vary the original decision; or

                  (iii)         quash the original decision and substitute any decision that the Board could have made in the first instance; and

            (b)         must, as soon as is reasonably practicable, give the applicant written notice of the results of the review setting the reasons for the Board's decision under paragraph (a).

Division 2—Appeal



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