Education and Training Reform Amendment (School Attendance) Act 2013

No. 47 of 2013

TABLE OF PROVISIONSSection Page

1 Purpose 12 Commencement 13 Principal Act 24 Definitions 25 Offence for parent to fail to comply with duty 26 New section 2.1.2A inserted 3

2.1.2A Offence for parent not to provide instruction to child registered for home schooling 3

7 What is a reasonable excuse? 38 Exemption from attendance at school 49 Production of identity card 410 Power of school attendance officers 411 Power to bring proceedings 512 Repeal of section 2.1.14 513 New Division 3 of Part 2.1 inserted 5

Division 3—School enrolment notices and school attendance notices 5

2.1.15 School enrolment notice 52.1.16 School attendance notice 62.1.17 Content of school enrolment notice 72.1.18 Content of school attendance notice 72.1.19 Parent must respond to school enrolment notice 82.1.20 Parent must respond to school attendance notice 92.1.21 Offences for failing to comply with school enrolment

notice or school attendance notice 92.1.22 Offence to provide false information 102.1.23 Infringement notices, penalties and offences 102.1.24 Minister may issue guidelines 11

14 Repeal of amending Act 12═══════════════

ENDNOTES 13

1

Education and Training Reform Amendment (School Attendance) Act

2013†

No. 47 of 2013

[Assented to 10 September 2013]

The Parliament of Victoria enacts:

1 Purpose

The main purpose of this Act is to amend the Education and Training Reform Act 2006 in relation to compulsory enrolment and attendance at school.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

Victoria

1

(2) If a provision of this Act does not come into operation before 1 April 2014, it comes into operation on that day.

3 Principal Acts. 3

See:Act No.24/2006.Reprint No. 4as at17 January 2013and amendingAct Nos71/2010, 76/2011, 39/2012 and 14/2013.LawToday:www.legislation.vic.gov.au

In this Act, the Education and Training Reform Act 2006 is called the Principal Act.

4 Definitions

In section 1.1.3 of the Principal Act insert the following definitions—

"school attendance notice means a notice issued under section 2.1.16;

school enrolment notice means a notice issued under section 2.1.15;".

5 Offence for parent to fail to comply with duty

Clause Page

2

(1) For the heading to section 2.1.2 of the Principal Act substitute—

"Parent must comply with duty".

(2) The penalty at the foot of section 2.1.2 of the Principal Act is repealed.

6 New section 2.1.2A inserted

After section 2.1.2 of the Principal Act insert—

"2.1.2A Offence for parent not to provide instruction to child registered for home schooling

A parent of a child registered for home schooling in accordance with the regulations must not without reasonable excuse fail to ensure that the child receives instruction in accordance with the registration.

Penalty: 1 penalty unit for each day on which the duty is not complied with.".

7 What is a reasonable excuse?

In section 2.1.3 of the Principal Act—

(a) after "section 2.1.2" insert ", section 2.1.2A and Division 3";

(b) for "that section" substitute "those sections and that Division";

(c) in paragraph (a)(ii) omit "or";

(d) paragraph (a)(iii) is repealed;

(e) after paragraph (f) insert—

Clause Page

3

s. 6

"(fa) the parent of the child has provided another excuse for the failure and the principal of the school accepts the excuse as a reasonable excuse;";

(f) in paragraph (g), for "attendance at school" substitute "enrolment at school, attendance at school or both enrolment and attendance at school".

8 Exemption from attendance at school

(1) In the heading to section 2.1.5 of the Principal Act, after "from" insert "enrolment or".

(2) In section 2.1.5 of the Principal Act, for "attendance at school" substitute "enrolment at school, attendance at school or both enrolment and attendance at school".

9 Production of identity card

In section 2.1.9 of the Principal Act, after "this Part" (wherever occurring) insert ", other than a power under Division 3".

10 Power of school attendance officers

After section 2.1.10(2) of the Principal Act insert—

"(3) A principal must, on the request of the school attendance officer, provide the officer with any information regarding the enrolment or attendance of students that the officer may reasonably require for carrying out the officer's functions and powers under this Part.

(4) A school attendance officer is authorised to access, use or disclose information recorded in the Student Register for the purpose of

Clause Page

4

s. 8

carrying out the officer's functions and powers under this Part.

(5) An authorisation under subsection (4) is taken to be an authorisation by the Secretary under section 5.3A.9 for the purpose of monitoring and ensuring student enrolment and attendance.

Note

Section 5.8.5 provides for the circumstances in which the Authority must provide information to a school attendance officer in relation to the registration of students for home schooling.".

11 Power to bring proceedings

In section 2.1.12 of the Principal Act, after "Division 1" insert "or Division 3".

12 Repeal of section 2.1.14

Section 2.1.14 of the Principal Act is repealed.

13 New Division 3 of Part 2.1 inserted

At the end of Part 2.1 of the Principal Act insert—

"Division 3—School enrolment notices and school attendance notices

2.1.15 School enrolment notice

(1) This section applies if a school attendance officer, after making enquiries, has reasonable grounds to believe that a child of compulsory school age is not, at the time of making the enquiries, enrolled at a registered school and is not registered for home schooling in accordance with the regulations.

Clause Page

5

s. 11

(2) A school attendance officer may issue a school enrolment notice to a parent.

(3) For the purposes of subsection (1), the enquiries made by the school attendance officer may include—

(a) ascertaining whether the child is registered for home schooling on the State Register;

(b) ascertaining whether the child is included on the Student Register and ascertaining any details contained on the Student Register regarding the child;

(c) ascertaining whether the child is included on the register of students kept by the child's designated neighbourhood Government school.

2.1.16 School attendance notice

(1) This section applies if a school attendance officer has reasonable grounds to believe—

(a) a child who is enrolled at a registered school has been absent from the school on at least 5 separate days (whether or not the absence was for a full day or part day) in the previous 12 months; and

(b) no reasonable excuse has been given for the absences; and

(c) measures to improve the student's attendance—

(i) have been undertaken in accordance with any guidelines

Clause Page

6

s. 13

issued by the Minister and have been unsuccessful; or

(ii) are considered to be inappropriate in the circumstances.

(2) A school attendance officer may issue a school attendance notice to a parent.

2.1.17 Content of school enrolment notice

A school enrolment notice must be in the prescribed form and include the following—

(a) the full name and address of the parent to whom the notice is addressed;

(b) the full name and date of birth of the child to whom the notice relates;

(c) a statement that the notice may be complied with by enrolling or conditionally enrolling the child at a registered school or registering the child for home schooling in accordance with the regulations;

(d) a request that the parent complete the reply form forwarded with the notice;

(e) the date by which the parent must respond to the notice, being a date no less than 21 days after the date of the notice.

2.1.18 Content of school attendance notice

A school attendance notice must be in the prescribed form and include the following—

Clause Page

7

s. 13

(a) the full name and address of the parent to whom the notice is addressed;

(b) the full name and date of birth of the child to whom the notice relates;

(c) the dates that the school attendance officer reasonably believes the child did not attend school;

(d) a request that the parent complete the reply form forwarded with the notice;

(e) the date by which the parent must respond to the notice, being a date no less than 21 days after the date of the notice.

2.1.19 Parent must respond to school enrolment notice

A parent who has received a school enrolment notice must—

(a) complete the reply form forwarded with the notice by stating in it—

(i) the true reason why the child is not enrolled at school; or

(ii) that the child has been enrolled or conditionally enrolled at a registered school or registered for home schooling in accordance with the regulations, and details of the enrolment or registration; or

(iii) that the parent is unable to provide a reason because the parent does not have parental responsibility for the child within the meaning of the Family Law Act 1975 of the Commonwealth; and

Clause Page

8

s. 13

(b) sign the reply form; and

(c) post or deliver the form so as to reach the school attendance officer no later than the date specified in the notice.

2.1.20 Parent must respond to school attendance notice

A parent who has received a school attendance notice must—

(a) complete the reply form forwarded with the notice by stating in it—

(i) the true reason why the child did not attend school on each of the dates specified in the notice; or

(ii) that the child was not living with the parent on some or all of the dates specified in the notice, and details of the parent with whom the child was living on the relevant dates; and

(b) sign the reply form; and

(c) post or deliver the form so as to reach the school attendance officer no later than the date specified in the notice.

2.1.21 Offences for failing to comply with school enrolment notice or school attendance notice

Clause Page

9

(1) A person who has received a school enrolment notice must respond to the notice in accordance with section 2.1.19.

Penalty: 5 penalty units.

(2) A person who has received a school attendance notice must respond to the notice in accordance with section 2.1.20.

Penalty: 5 penalty units.

(3) A person who responds to a school enrolment notice but fails to provide a reasonable excuse as to why the child is not enrolled in a registered school or registered for home schooling in accordance with the regulations is guilty of an offence and liable to a penalty not exceeding 5 penalty units.

(4) A person who responds to a school attendance notice but fails to give a reasonable excuse for 5 or more of the dates specified in the notice is guilty of an offence and liable to a penalty not exceeding 5 penalty units.

(5) Nothing in this section makes the following people liable to a pecuniary penalty or to be prosecuted for an offence—

(a) the Secretary, Department of Human Services carrying out parental responsibilities for a child under an order made under the Children, Youth and Families Act 2005; or

(b) a person carrying out parental responsibilities for a child on behalf of the Secretary, Department of Human Services.

2.1.22 Offence to provide false information

Clause Page

10

s. 13

A person who responds to a school enrolment notice or school attendance notice must not give any information in the reply form that the person knows is false or misleading in a material detail.

Penalty: 5 penalty units.

2.1.23 Infringement notices, penalties and offences

(1) A school attendance officer may serve an infringement notice on a person who the school attendance officer has reason to believe has committed an offence against section 2.1.21.

(2) An offence against section 2.1.21 is an infringement offence within the meaning of the Infringements Act 2006.

(3) The infringement penalty for an offence against section 2.1.21 is 05 penalty units.

2.1.24 Minister may issue guidelines

(1) The Minister may from time to time issue guidelines about—

(a) matters relating to measures that may be undertaken to encourage and support the enrolment of a child;

(b) matters relating to measures that may be undertaken to improve a student's attendance at school.

(2) Any guidelines issued must not be inconsistent with this Act or the regulations.

(3) The guidelines may apply, adopt or incorporate any matter contained in any document issued or published by a body or person whether—

Clause Page

11

s. 13s. 13

(a) wholly or partially or as amended by the guidelines; or

(b) as issued or published at the time that the guidelines are issued or at any time before then; or

(c) as amended from time to time.

(4) The regulations may require a person, body or school to comply with any guidelines issued under this section.".

14 Repeal of amending Act

This Act is repealed on 1 April 2015.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═══════════════

Clause Page

12

s. 14

ENDNOTES

Endnotes

Education and Training Reform Amendment (School Attendance) Act 2013No. 47 of 2013

13

† Minister's second reading speech—

Legislative Assembly: 17 April 2013

Legislative Council: 27 June 2013

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 in relation to compulsory enrolment and attendance at school and for other purposes."