Northern Territory Numbered Acts

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EDUCATION ACT 2015 (NO 28 OF 2015) - SECT 46

Home education

    (1)     A parent of a child of compulsory school age whose usual place of residence is in the Territory, who proposes to provide home education for the child must, before providing home education:

    (a)     apply to the CEO for approval to provide it; and

    (b)     give the CEO details of the proposed home education, including any documentary evidence or other information that is prescribed by regulation.

    (2)     To determine whether the proposed home education is suitable, the CEO may direct a departmental officer to:

    (a)     inquire into the proposal; and

    (b)     give a report to the CEO about the proposed home education.

    (3)     As soon as practicable after receiving an application, the CEO must:

    (a)     if of the opinion that the proposed home education is suitable – approve the application subject to the conditions mentioned in subsection (6); or

    (b)     if not of that opinion – refuse the application.

    (4)     In deciding an application under subsection (3), the CEO must have regard to:

    (a)     any report received under subsection (2); and

    (b)     any other matters that the CEO considers relevant.

    (5)     As soon as practicable after making a decision under subsection (3), the CEO must give a decision notice to the applicant.

    (6)     The approval of an application is subject to the following conditions:

    (a)     subject to subsection (7), the curriculum to be used must be one that is approved by the Australian Curriculum Assessment and Reporting Authority or any successor of that body;

    (b)     the approval is for 1 school year only;

    (c)     any teacher conducting the home education must be registered under the Teacher Registration (Northern Territory) Act ;

    (d)     the parent must allow inspections to be carried out from time to time by departmental officers in accordance with section 47 ;

    (e)     any other conditions that the CEO considers appropriate and specifies in the notice under subsection (5).

    (7)     Subsection (6)(a) does not apply if:

    (a)     an exemption under subsection (8) applies in relation to the parent; or

    (b)     the parent had, before the commencement of this section, approval to provide home education to the child for the immediately preceding school year.

    (8)     The CEO may grant an exemption for a parent from the condition mentioned in subsection (6)(a) if satisfied that it is appropriate to do so because of special circumstances.



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