Western Australian Current Acts Western Australian Current Acts (1) If the
circumstances referred to in section 96E(a) to (c) exist, the chief executive
officer must —
(a) give
notice to the student and a parent of the student —
(i)
informing the student and the parent of the student that
the chief executive officer has formed the opinion referred to in
section 96E(c); and
(ii)
setting out the reasons for having formed the opinion;
and
(iii)
giving the student and the parent of the student a
reasonable opportunity to make written or oral submissions in relation to the
proposed exclusion;
and
(b) give
notice to the complainant and a parent of the complainant —
(i)
informing the complainant and the parent of the
complainant that the chief executive officer has formed the opinion referred
to in section 96E(c); and
(ii)
setting out the reasons for having formed the opinion;
and
(iii)
giving the complainant and the parent of the complainant
a reasonable opportunity to make written or oral submissions in relation to
the proposed exclusion;
and
(c)
notify the principal of the government school that the chief executive officer
—
(i)
has formed the opinion referred to in section 96E(c); and
(ii)
is dealing with the matter under this Subdivision.
(2) A principal
notified in accordance with subsection (1)(c) cannot deal with the matter as a
breach of school discipline or disruptive behaviour under Subdivision 2.
(3) In making an order
under section 96G(1), the chief executive officer must have regard to all of
the following —
(a) any
written or oral submissions of the student, or the parent of the student,
referred to in subsection (1)(a)(iii);
(b) any
written or oral submissions of the complainant, or the parent of the
complainant, referred to in subsection (1)(b)(iii);
(c) the
effect of the proposed order on —
(i)
the student; and
(ii)
the complainant;
(d) the
capacity of the school to make arrangements to minimise the risk to the
complainant’s —
(i)
safety or welfare; or
(ii)
ability to learn;
(e) the
availability to the student of an alternative school or educational programme.
(4) In making an order
under section 96G(1), the chief executive officer may have regard to —
(a) any
other matters the chief executive officer considers relevant; and
(b)
without limiting paragraph (a) — any matters prescribed by the
regulations.
[Section 96F inserted: No. 13 of 2024 s. 11.]