Queensland Consolidated Acts

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EDUCATION (GENERAL PROVISIONS) ACT 2006 - SECT 38

38 Wrong, incomplete or new information

(1) This section applies to a person who has a current positive notice for a mature age State school, but has not become a mature age student of the school.

(2) The chief executive may cancel the positive notice (the first notice) and substitute a negative notice (the new notice) if the chief executive is satisfied—

(a) the decision on the application for the first notice was based on wrong or incomplete information; and
(b) based on the correct or complete information, the chief executive should issue the new notice.

(3) Also, the chief executive may cancel a positive notice about the person and substitute a negative notice (also the new notice), having regard to information about the person received by the chief executive under section 33(1).

(4) However, if the chief executive proposes to substitute a negative notice, the chief executive must first comply with section 30, as if—

(a) the reference in section 30(1) to deciding the application by issuing a negative notice were a reference to substituting a negative notice for a positive notice; and
(b) the reference in section 30(3) to deciding the application were a reference to substituting a negative notice for a positive notice.

(5) The chief executive must—

(a) issue the new notice to the person; and
(b) give a copy of the new notice to the school's principal.

(6) A new notice issued to the person under subsection (5) must be accompanied by a notice stating—

(a) the reasons for the chief executive's decision to issue the new notice; and
(b) that, within 40 days after receiving the notices, the person may apply to the chief executive to have the decision reviewed; and
(c) how the person may apply for the review.


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