Document ID: chunk:federal_register_of_legislation:F2023C00201:clause:3_26b
Version: federal_register_of_legislation:F2023C00201
Segment Type: clause
Provision Reference: sch 3 cl 26B
Character Range: 38208–40772

26B  Subsection 183(2)
Repeal the subsection, substitute:
 (2) The chief executive may approve the arrangements only if:
 (a) a teacher has prepared written assessments of:
 (i) the student's educational and other needs; and
 (ii) the learning outcomes that the arrangements are intended to achieve; and
 (iii) the suitability of each provider for the arrangements; and
 (b) the chief executive has considered:
 (i) the written assessments prepared under paragraph (a); and
 (ii) how, and by whom, the student's participation in the arrangements is to be monitored; and
 (iii) how, and by whom, each provider's involvement in the arrangements is to be monitored and its effectiveness evaluated; and
 (c) the chief executive is satisfied the arrangements are appropriate, having regard to:
 (i) the student's individual needs and circumstances; and
 (ii) what the chief executive considers is most likely to achieve the best learning outcomes for the student; and
 (iii) the desirability, unless it would be inappropriate in all the circumstances, of the arrangements requiring the student's participation at a level that is equivalent to full‑time participation in the school's educational programs in the usual way; and
 (iv) any other matter prescribed under a regulation.
 (3) However, the chief executive must not approve the arrangements unless:
 (a) if the student is of compulsory school age:
 (i) a parent of the student has given written agreement to the arrangements; and
 (ii) the chief executive has discussed the arrangements with the student to the extent the chief executive considers appropriate, having regard to the student's age and other relevant circumstances; or
 (b) if the student is in the compulsory participation phase:
 (i) the student gives written agreement to the arrangements; and
 (ii) the chief executive has discussed the arrangements with the student's parents to the extent the chief executive considers is practicable and appropriate in the circumstances.
 (4) Subsection (3)(a)(i) does not apply if the chief executive is satisfied it would be inappropriate in the circumstances to require the written agreement of a parent.
Example: It may be inappropriate to require a parent's written agreement if the student is living independently of their parents.
 (5) In this section:
provider, in relation to arrangements for a student, means an entity directly involved in providing a program to the student under the arrangements.
student means a student who is of compulsory school age or in the compulsory participation phase.