(1) The Minister is to
appoint a School Discipline Advisory Panel (a Panel ), consisting of not less
than 3 persons, whenever it is necessary for the purposes of section 92(3)(a)
or 96(4)(a).
(2) The members of a
Panel for a particular case —
(a) are
to be persons who have such experience, skills, attributes or qualifications
as the Minister considers appropriate to that case; and
(b) are
to include at least one person who is not an employee within a class referred
to in section 235(1).
(3) At least one
person on a Panel must be a parent or community representative.
(4) The Minister is to
appoint one of the members of a Panel to be the chairperson but the appointee
is not to be an employee within a class referred to in section 235(1).
(5) A Panel cannot
deal with the case of a child if a member of the Panel is —
(a) a
member of the teaching staff of the school at which the child is enrolled; or
(b) a
parent of a child who is enrolled at the school at which the child is
enrolled.
(6) The Minister may
give directions in writing to a Panel as to its procedure and a Panel is to
give the child whose case is before the Panel, the child’s parents and
the school’s principal an opportunity to be heard, but otherwise a Panel
may determine its own procedure.
(7) Subject to the
Minister’s directions, the child and parents referred to in subsection
(6) are not to be represented by another person before the Panel unless the
Panel otherwise determines on the ground that the process will not work
effectively without that representation but nothing in this subsection
prevents the child and parents from being accompanied by another person when
appearing before the Panel.
(8) The chief
executive officer is to provide a Panel with such support services as it may
reasonably require.
(9) The Minister may
—
(a)
direct that the members of a Panel (other than an employee as defined in
section 3(1) of the Public Sector Management Act 1994 ) are to be paid
remuneration or allowances or both; and
(b)
determine the amount of any such payments on the recommendation of the Public
Sector Commissioner.
[Section 93 amended: No. 74 of 2003 s. 107(2); No.
39 of 2010 s. 89.]