Education (Schools Review Authority) Amendment Bill

The purpose of this Bill is to provide for an independent body to review decisions by schools concerning the standing down, suspension, expulsion or exclusion of students. Decisions by school principals and boards of trustees on these matters are provided for in Part II of the Education Act 1989. There is reason for concern whether these powers are always being used properly and in accord with good legal principle. These are decisions that may have major impact on the lives of students and their parents and families. A large number of students are affected by such decisions each year. Maori are disproportionately affected. It is appropriate to provide a mechanism to ensure that disputes and grievances over decisions of this kind involving our young people can be heard in no less a manner than is the case with other major decisions affecting individuals such as in the case of adults in the employment area. It is proposed accordingly to establish a new review authority with quasi-judicial functions and powers to be able to act in cases where mediation has failed.

Clause 3 makes minor amendments to the general definitions provision in the Education Act.

Clause 4 inserts new Part 2A into the Education Act. This establishes the Schools Review Authority and sets out the role and jurisdiction of the Authority and the powers and remedies available to it, together with machinery provisions that are required for a new body of this kind based broadly on the precedent of the Employment Relations Authority. The Authority will be empowered to call for evidence and to make binding orders in relation to decisions by schools in this area, including ordering the reinstatement of students in schools, but only after mediation has been tried unless that would be unhelpful or inappropriate in the circumstances. The Authority must act in a proper legal manner, including complying with the principles of natural justice, but with an emphasis on informality and not getting bound up in legal technicalities so as to be able to deliver speedy, informal and practical justice to the parties. Its decisions will be subject to review on grounds of lack of jurisdiction and to appeal on points of law. Its proceedings, except generally the names of persons and schools involved, may be published unless the Authority orders otherwise.

Clause 5 inserts new Schedule 1A into the Education Act setting out additional machinery provisions relating to the Authority.

Clause 6 makes consequential amendments to several other Acts.