Education Act 1994

1. [Section 4 Subsection (1) amended by No. 72 of 2003, s. 5, Applied: 01 Jan 2004] A child who is at least 5 years of age as at 1 January in any year must be enrolled at a school or be provided with home education for that year and subsequent years until the child attains the age of 16 years unless exempted or excused under this Part.
2. [Section 4 Subsection (2) amended by No. 72 of 2003, s. 5, Applied: 01 Jan 2004] Unless a school-aged child is exempted from enrolment under section 5, a parent of the child must -
   1. enrol the child in a school appropriate to the child's educational needs; or
   2. be registered as a home educator in respect of that child.

   Penalty: Fine not exceeding 10 penalty units.

3. A parent is to enrol a school-aged child at a school by lodging a completed application with the school's principal.
4. An application for enrolment of a school-aged child is to include any information the Secretary may determine relating to -
   1. the identity of the child; and
   2. the identity of the parent of the child; and
   3. the place of residence of the child; and
   4. any other matter in respect of enrolment at a State school the Secretary requires.

5. If requested by the school's principal, a parent wishing to enrol a school-aged child is to provide evidence of -

   (a) the age of the child; and

   (ab) [Section 4 Subsection (5) amended by No. 72 of 2003, s. 5, Applied: 01 Jan 2004] the family name of the child; and

   (b) the parent's guardianship, care or control of the child.

1. A parent of a school-aged child may apply to the Secretary to exempt the child from the requirement to enrol at a school.
2. The Secretary, at his or her own initiative or on application, may grant an exemption from the requirement to be enrolled at a school if satisfied that it is in the best interests of the child's education to be exempted.

   The Secretary may -

   1. grant the exemption subject to any condition; and
   2. impose any further condition or vary or revoke any condition at any time.

1. A parent of a school-aged child must ensure that the child -

   (a) attends the school each day as required; or

   (ab) [Section 6 Subsection (1) amended by No. 72 of 2003, s. 6, Applied: 01 Jan 2004] participates in an individual educational program; or

   (b) receives home education.

   Penalty: Fine not exceeding 10 penalty units and a daily fine not exceeding 2 penalty units.

2. [Section 6 Subsection (2) amended by No. 72 of 2003, s. 6, Applied: 01 Jan 2004] A school-aged child who is not provided with home education is to attend a school during the whole of a school day unless the child is participating in an individual educational program or is exempted or excused under this Part.
3. A principal must ensure that a register is kept recording the daily attendance or absence of each school-aged child.

1. [Section 7 Subsection (1) amended by No. 72 of 2003, s. 7, Applied: 01 Jan 2004] A parent of a school-aged child may apply to the Secretary to permit the child to attend part-time
2. [Section 7 Subsection (2) amended by No. 72 of 2003, s. 7, Applied: 01 Jan 2004] The Secretary, at his or her own initiative or on application, may permit part-time attendance if satisfied that it is in the best interests of the child's education to attend part-time
3. The Secretary may -

(a) [Section 7 Subsection (3) amended by No. 72 of 2003, s. 7, Applied: 01 Jan 2004] permit part-time attendance subject to any condition; and

(b) impose any further condition or vary or revoke any condition at any time.

1. [Section 8 Subsection (1) amended by No. 72 of 2003, s. 8, Applied: 01 Jan 2004] If the Secretary exempts a school-aged child under section 5, the Secretary is to issue a certificate of exemption
2. A certificate of exemption remains in force for the period referred to in the certificate unless sooner revoked.
3. A certificate of exemption ceases to be in force if any condition of the exemption is contravened or not complied with.
4. The Secretary may revoke an exemption if satisfied that it is appropriate to do so.

1. A school-aged child is exempted from the requirement to attend a school if -
   1. the child is suspended or temporarily excluded from that school; or
   2. the child has been expelled from that school; or
   3. a certificate of exemption is in force in respect of the child; or
   4. the child attended a school which the child's parent reasonably believed to be a school within the meaning of this Act.
2. An exemption under this section ceases to have effect on the day on which the event on which the exemption is based ceases to apply.
3. A school-aged child who is enrolled at a school is not exempted from the requirement to attend the school by reason only of any disability.

1. A school-aged child is excused from attendance at a school on any day if -
   1. the child is prevented from attending because of -
      1. sickness; or
      2. temporary, physical or mental incapacity; or
      3. any other reasonable cause; and
   2. [Section 10 Subsection (1) amended by No. 72 of 2003, s. 9, Applied: 01 Jan 2004] a parent of the child has notified the school's principal within the period specified by the Secretary.
2. [Section 10 Subsection (2) amended by No. 72 of 2003, s. 9, Applied: 01 Jan 2004] If a child's non-attendance at a school because of sickness or incapacity extends beyond the period specified by the Secretary, a parent of the child, at the request of the school's principal, is to provide a certificate from a registered medical practitioner.
3. The principal may require a student not to attend a school during any day on which the student has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons at the school.

1. the withdrawal of the child from the school; and
2. the proposed education of the child after that withdrawal.

1. [Section 12 Subsection (1) amended by No. 72 of 2003, s. 10, Applied: 01 Jan 2004]A parent of a school-aged child attending a State school may object as a matter of conscience to that child participating in a particular activity.
2. [Section 12 Subsection (2) amended by No. 72 of 2003, s. 10, Applied: 01 Jan 2004] A parent of a school-aged child who objects to the child participating in a particular activity must notify the principal, by notice in writing and stating the reasons, that the child is not to participate in that particular activity.

1. The Minister, by notice in writing, may require a parent to supply particulars of a child or children of that parent as specified in the notice.
2. A parent must complete the notice as required and return it to the Minister within the period specified in the notice.

Penalty: Fine not exceeding 5 penalty units.

1. The Secretary may authorize a person to investigate any unauthorized absence of a school-aged child from school.
2. The Secretary is to issue a person authorized under subsection (1) with an identity card bearing the photograph of that person.
3. A person authorized under subsection (1) may -
   1. approach any child who appears to the person to be of school age and is apparently not in attendance at a school; and
   2. request the child to provide -
      1. his or her name and address; and
      2. the name and address of the school normally attended by the child; and
      3. the reason for being absent from school; and
   3. accompany the child to his or her home or school to verify the information provided by the child under paragraph (b).
4. Before taking any action under subsection (3)(b) or (c) in respect of a child, a person authorized under subsection (1) must show the child his or her identification card.

1. In any proceedings for an offence against this Part, a certificate by the principal of a school certifying that on a specified day a particular child was enrolled at, but did not attend, the school for the period or periods specified in the certificate is evidence of those facts.
2. In any proceedings for an offence against this Part a child is presumed to be of school age unless the contrary is proved.

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