26L   Issue of guidelines

(1)  The Minister may from time to time issue guidelines (not inconsistent with this Act or the regulations) for the purposes of this Part.

(2)  The guidelines must make provision with respect to each of the following matters:

(a)  the general principles that a person must bear in mind when exercising a function under this Part,

(b)  for the purposes of section 26B, matters that are likely to constitute a risk to the health or safety of any person,

(c)  the way in which assessments of the kind referred to in section 26B are to be carried out,

(d)  memoranda of understanding between relevant agencies for the purposes of Division 2, including who may enter memoranda of understanding on behalf of relevant agencies,

(e)  the kind of information that may, or must (if any), be sought under Division 2,

(f)  who may make a request for information under section 26D on behalf of the Department of Education and Training, a non-government schools authority or a school,

(g)  who may provide information on behalf of relevant agencies,

(h)  the circumstances in which a relevant agency may refuse to provide information requested under Division 2,

(i)  the way in which information obtained under Division 2 is to be kept and the length of time that it is to be kept,

(j)  additional circumstances (if any) in which the information may be passed on, and to whom it may be passed on,

(k)  the circumstances in which the Director-General or a school is not required to consult the student concerned or the parents or a parent of the student under section 26E,

(l)  the procedures (other than those required by section 26I) to be followed before a direction under Division 3 is given, varied or revoked by the Director-General,

(m)  the kinds of government schools that may be specified in such a direction,

(n)  the circumstances in which notice of such a direction is not required to be given to the parents of the student concerned,

(o)  the way in which such a direction is to be reviewed following an application for a variation or revocation of it.

(3)  The guidelines may also make provision with respect to such other matters as the Minister considers appropriate.

(4)  The Minister may from time to time amend or revoke the guidelines.

(5)  The guidelines, and any instrument amending or revoking the guidelines, must be published in the Gazette.

(6)  The guidelines as in force from time to time must be made publicly available in such manner as the Minister thinks appropriate.

Editorial note. For guidelines under this section, see Gazette No 11 of 15.1.2010, p 139.