South Australian Numbered Acts

EDUCATION AND CHILDREN'S SERVICES ACT 2019 (NO 19 OF 2019) - SECT 61

61—Children of compulsory education age must be enrolled in approved learning program

        (1)         Subject to this Act, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, in accordance with the requirements set out in the regulations.

        (2)         However, subsection (1)

does not apply to a child of compulsory education age who has, in accordance with any requirements set out in the regulations, achieved a qualification under an approved learning program.

        (3)         If a child of compulsory education age is not enrolled in an approved learning program as required by subsection (1)

, each person who is responsible for the child is guilty of an offence.

Maximum penalty: $5 000.

        (4)         In proceedings for an offence against this section, it is a defence for the defendant to prove that they took such steps as were reasonably practicable to ensure that the child to whom the offence relates was enrolled as required by subsection (1)

.

        (5)         In proceedings for an offence against this section, it is a defence for the defendant to prove that they believed on reasonable grounds that the child to whom the offence relates was, in fact, enrolled as required by subsection (1)

.