Appendix 1 Relevant sections of the Education Act 1994

Relevant sections of the Education Act 1994 (Amendments 2005) have been included and have been updated to reflect recent legislative amendments to the Act (2008).

Section 4. Enrolment

(1)  Unless exempted or excused under this part, a child who is at least five years of age as at 1 January in any year must be enrolled at a school ro be provided with home education for that year and subsequent years until the child completes the school year during which he or she attains the age of 16 years.

(2)  Unless a school-aged child is exempted from enrolment under section 5, a parent of the child must -

(a)  enrol the child in a school appropriate to the child's educational needs; or

(b) be registered as a home educator in respect of that child.

(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 -

(a)  the identity of the child; and

(b)  the identity of the parent of the child; and

(c)  the place of residence of the child; and

(d)  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) the family name of the child; and

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

Section 5. Exemption from enrolment

(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 a child or a class of children an exemption from the requirement to be enrolled at a school if satisfied that it is in the best interests of the child's or children's education to be exempted.

(3)  The Secretary may -

(a)  grant the exemption subject to any condition; and

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

Section 6. Attendance

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

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

(ab) participates in an individual educational program; or

(b)  receives home education; of

(c)  attends at the Academy or the Polytechnic each day as required if the child is exempted under section 5 from the requirement to be enrolled at a school subject to a condition that the child attend or be enrolled at either the Academy or the Polytechnic.

(2)  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, the Academy or the Polytechnic must ensure that a register is kept recording the daily attendance or absence of each school-aged child.

Section 7. Part-time attendance

(1)  A parent of a school-aged child may apply to the Secretary to permit the child to attend a school part-time.

(2)  The Secretary, at his or her own initiative or on application, may permit part-time attendance at a school if satisfied that it is in the best interests of the child's education to attend part-time.

(3)  The Secretary may -

(a)  permit part-time attendance at a school subject to any condition; and

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

Section 8. Certificate of exemption

(1)  If the Secretary exempts a school-aged child under section 5, the Secretary is to issue a certificate of exemption.

(a)  If the Secretary exempts a class of school-age children under section 5, the Secretary is to issue a certificate of exemption on the application of a school-aged child of that class or the parent of such a school-aged child.

(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.

Section 9. Exemption from attendance without application

(1)  A school-aged child is exempted from the requirement to attend a school if -

(a)  the child is suspended or temporarily excluded from that school; or

(b)  the child has been expelled from that school; or

(c)  a certificate of exemption is in force in respect of the child; or

(d)  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.

Section 10. Excused from daily attendance

(1)  A school-aged child is excused from attendance at a school, the Academy or the Polytechnic on any day if -

(a)  the child is prevented from attending because of -

(i)  sickness; or

(ii)  temporary, physical or mental incapacity; or

(iii)  any other reasonable cause approved by the principal, the Academy or the Polytechnic, as the case may require; and

(b)  a parent of the child has notified the school's principal, the Academy or the Polytechnic within the period specified by the Secretary, the Academy or the Polytechnic.

(2)  If a school-aged child's non-attendance at a school, the Academy or the Polytechnic because of sickness or incapacity extends beyond the period specified by the Secretary, the Academy or the Polytechnic, a parent of the child, at the request of the school's principal, the Adademy or the Polytechnic, is to provide a certificate from a registered medical practitioner.

(3)  The principal, the Academy or the Polytechnic may require a student not to attend a school, the Academy or the Polytechnic 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, the Academy or the Polytechnic considers may be infectious, contagious or harmful to the health of other persons at the school, the Academy or the Polytechnic.

Section 19. Enrolment within home area
(1)  A school-aged child or person is entitled to be enrolled at the State school which has its intake of students from the area in which his or her home is situated.
(2)  A school-aged child or person may be enrolled at a State school which does not have its intake of students from the area in which his or her home is situated if there is not the maximum number of students at the school.

Section 21. Special education

The Secretary may determine -

a.  whether or not a child or person is entitled to be enrolled in a State special school; and

b.  the circumstances or manner in which the child or person may be enrolled; and

c.  any other matter relating to the enrolment.

Section 47. Entitlement to complete secondary education provided by State school

(1)  If a person is not a school-aged child and has not completed secondary education at the level provided by State schools, that person is entitled, subject to section 47D, to attend a State school -

(a)  until the person completes the final year of secondary education provided by State schools; or

(b)  for a period not exceeding the equivalent of 2 years of full-time study - whichever occurs first.

(2)  If a person is entitled to attend a State school under subsection (1), the Secretary may determine which schools, or which class of schools, the person may attend.

Section 47A. Attending State school after compulsory education

(1)  If a person is not a school-aged child and -

(a)  he or she is not entitled to attend a State school under section 47; or

(b)  his or her entitlement under section 47 to attend a State school has come to an end - the person may apply to the principal of a State school to attend or continue attending that school.

(2)  An applicationis to be in a form approved by the Secretary.

(3)  Subject to section 47D, the principal may -

(a)  grant the application with or without conditions; of

(b)  refuse to grant the application.

Section 47B. Entitlement to attend Academy or Polytechnic

(1)  In this section - "post-Year 10 secondary education and training" means secondary education and training that is usually undertaken by persons following the completion of the fourth year of secondary education, being the year commonly known as Year 10.

(2)  If a person is not a school-aged child and has not completed the equivalent of 2 years of full-time study of post-Year10 secondary education and training, that person is entitled, subject to section 47D, to attend the Academy or the Polytechnic for a period not exceeding the equivalent of 2 years of full-time study.

(3) If -

(a)  a person is entitled to attend the Academy or the Polytechnic under subsection (2); and

(b)  there is a dispute as to which the person may attend, the Academy and the Polytechnic, jointly, may determine the matter.

Section 47C. Attending Academy or Polytechnic after entitlement ends

(1)  If a person is not a school-aged child and -

(a)  he or she is not entitled to attend the Academy or the Polytechnic under section 47B; ot

(b)  his or her entitlement under section 47B to attend the Academy or the Polytechnic has come to an end - the person may apply to the Academy of the Polytechnic to attend or continue attending the Academy or the Polytechnic.

(2)  An application is to be in a form approved by the Academy or the Polytechnic.

(3)  Subject to section 47D, the Academy or the Polytechnic may -

(a)  grant the application with or without conditions; or

(b)  refuse to grant the application.

Section 47D. Requirement that person be of good character

(1)  If -

(a)  a person is entitled to attend a State school, the Academy or the Polytechnic under section 47 or 47B; or

(b)  an application is made for the applicant to attend or continue attending a State school, the Academy or the Polytechnic under section 47A or 47C - the Secretary, Academy or Polytechnic may require to be satisfied that the applicant is of good character before the application may be granted.

(2)  In order to be satisfied as to the good character of the applicant, the Secretary, Adademy or Polytechnic may require the Commissioner of Police to provide a report in respect of any convictions or proceedings taken against the applicant.

(3)  Sections 22(1), 31(1), 45(1) and 108 of the Youth Justice Act 1997 do not apply to the identification, in a report provided under subsection (2), of an applicant who is a youth as definded in that Act in respect of any action or proceedings referred to in those sections.

Section 47E. Determining what is equivalent of 2 years of full-time study

If there is a dispute as to whether a person has completed, or what constitutes, the equivalent of 2 years of full-time study for the purposes of section 47 or 47B -

(a)  the dispute is to be determined by the Minister; and

(b)  the Minister's determination is final.