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EDUCATION ACT 1990 - SECT 23
Offence if parent fails to send child to school
23 Offence if parent fails to send child to school
(1) A parent of a child of compulsory school-age is guilty of an offence if
the parent fails to cause the child- (a) to be enrolled at, and to attend, a
government school or a registered non-government school, or
(b) to be
registered for home schooling under Part 7.
: Maximum penalty- (a) in the
case of a first offence-25 penalty units, or
(b) in the case of a second or
subsequent offence-50 penalty units, or
(c) in the case of a parent subject
to a compulsory schooling order-100 penalty units.
(2) It is a defence to a
prosecution under this section if at the relevant time- (a) the child was
enrolled at, and attended, a school in another State, Territory or country in
accordance with the law of that State, Territory or country, or
(b) the child
was enrolled at a government or registered non-government school and
participating in distance education provided by the school (unless the
Secretary or school had previously directed that the child cease
distance education because of the failure of the child to perform the required
school work), or
(c) the child was participating in an alternative education
program approved by the Minister for children unable, for social, cultural or
other reasons, to participate effectively in formal school education (unless
the Secretary had previously directed that the child resume formal school
education because the child was not achieving the education outcomes required
of participants in the program), or
(d) the child was participating in a
program established by the Minister under section 35 (Discipline in
government schools), or
(e) a certificate of exemption was in force under
section 25 in respect of the child and any conditions to which the certificate
is subject were being complied with, or
(f) the child was attending a school
that the parent reasonably believed to be a government school or
registered non-government school.
(3) It is also a defence to a prosecution
under this section if at the relevant time- (a1) the child has written
permission from the principal of a government school or
registered non-government school, and from the director of a
TAFE establishment, to enrol in a course referred to in section 21B (5) (b)
and is so enrolled, or
(a) the child was prevented from attending school- (i)
because of some medical condition, or
(ii) because of some accident or
unforeseen event,
and within 7 days after that condition became apparent, or
that accident or event occurred, notice of that fact (together with any
medical certificate required by subsection (7)) was given to the school, or
(b) the child had not been absent from school (excluding any absence referred
to in paragraph (a)) for more than 3 days during the 3 months during which the
school had been open immediately preceding the absence complained of, or
(c)
the child was prevented from attending school because of a direction under
section 88 of the Public Health Act 2010 , or
(d) a certificate was in force
under section 26 exempting the child from attending classes at a
government school and the absence complained of was authorised by the
certificate, or
(e) the child was suspended from a government school, or
(f)
the child could not gain admission to any available government or
registered non-government school in the State because of the child’s
expulsion from a school or otherwise, or
(g) the child’s absence from
school was- (i) because of the child’s disobedience, or
(ii) a consequence
of the failure of a person (other than a parent of the child) to honour an
undertaking accepted under this Part,
and was not the parent’s fault, or
(h) the child was living independently of his or her parents.
(4) Proceedings
for an offence against this section may be commenced only by, or with the
written consent of, the Secretary.
(5) Instead of imposing a fine on a
person, the court may make a community correction order under section 8 of the
Crimes (Sentencing Procedure) Act 1999 that is subject to the standard
conditions of a community correction order and to a community service work
condition, and may do so as if a reference in that subsection to a sentence of
imprisonment were a reference to a fine.
(6) If, in any proceedings for an
offence against this section, it is alleged that the child’s absence from
school is due to a medical condition, the court may (on the application of the
Secretary) order that the child submit to a medical examination by a medical
practitioner nominated by the Secretary. In that case- (a) the costs of the
medical examination are to be borne by the Secretary, and
(b) the medical
practitioner is not subject to any liability arising only because the medical
examination was carried out without the consent of the parent or child.
(7)
Notice of a medical condition that prevents a child from attending school is
required to be accompanied by a certificate from a medical practitioner that
states that the child should not attend school because of the condition
briefly described in the certificate if the principal of the school has
notified a parent of the child that because of the number or duration of past
absences a notice must in future be accompanied by such a certificate.
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