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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Education Amendment Bill 2009
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Education Act 1990 No 8 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2009
New South Wales
Education Amendment Bill 2009
Act No , 2009
An Act to amend the Education Act 1990 to change the school leaving age.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Education Amendment Bill 2009
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Education Amendment Act 2009.
2 Commencement
This Act commences on 1 January 2010.
Page 2
Education Amendment Bill 2009
Amendment of Education Act 1990 No 8 Schedule 1
Schedule 1 Amendment of Education Act 1990 No 8
[1] Section 3 Definitions
Omit the definition of compulsory school-age from section 3 (1).
Insert instead:
compulsory school-age--see section 21B.
[2] Section 21B
Insert before section 22:
21B Compulsory school-age
(1) For the purposes of this Act, a child is of compulsory school-age
if the child is of or above the age of 6 years and below the
minimum school leaving age.
(2) The minimum school leaving age is:
(a) the age at which the child completes Year 10 of secondary
education (subject to participation required by
subsection (3)), or
(b) the age of 17 years,
whichever first occurs.
(3) A child who completes Year 10 of secondary education but who
is below the age of 17 years is of compulsory school-age unless
the child participates on a full-time basis in:
(a) approved education or training, or
(b) if the child is of or above the age of 15 years--paid work
or a combination of approved education or training and
paid work.
(4) A child ceasing to be of compulsory school-age because of that
participation does not revert to being of compulsory school-age
because of a cessation in participation for any reason so long as
the interruption in participation does not exceed a total period of
3 months in any 12-month period or such other period approved
by the Minister.
(5) The completion of Year 10 of secondary education is:
(a) the completion of Year 10 of secondary education in this
State (whether by school education or home schooling), or
Page 3
Education Amendment Bill 2009
Schedule 1 Amendment of Education Act 1990 No 8
(b) the completion of a course provided by the TAFE
Commission that is approved by the Minister as the
equivalent of Year 10 of secondary education in this State,
or
(c) the completion, outside of this State, of the equivalent of
Year 10 of secondary education in this State, or
(d) the completion of education in any special circumstances
approved by the Minister.
(6) Participation in approved education or training is participation in
any of the following:
(a) a higher education course within the meaning of the
Higher Education Act 2001,
(b) a vocational course within the meaning of the Vocational
Education and Training Act 2005,
(c) an apprenticeship or traineeship within the meaning of the
Apprenticeship and Traineeship Act 2001,
(d) any other education or training approved by the Minister.
(7) The regulations may prescribe rules and criteria that are to be
applied for the purposes of this section in determining:
(a) whether a child has completed Year 10, or
(b) whether a child is participating in paid work, or
(c) whether a child is participating in approved education or
training, or
(d) whether such participation is on a full-time basis.
Subject to the regulations, participation on a full-time basis in
paid work is participation for an average of 25 hours per week.
[3] Sections 22 and 23 (1)
Omit "a child of or above the age of 6 and below the age of 15" wherever
occurring.
Insert instead "a child of compulsory school-age".
[4] Section 23 Offence to fail to send child to school
Insert at the end of section 23 (2) (d):
, or
(e) the child is of or above the age of 16 years and is no longer
living with the defendant, and the child's absence from
school was not due to any default of the defendant.
Page 4
Education Amendment Bill 2009
Amendment of Education Act 1990 No 8 Schedule 1
[5] Section 23 (3) (a1)
Insert after section 23 (3) (a):
(a1) the child has written permission from the principal of a
government school or registered non-government school,
and from the director of a TAFE establishment, to enrol in
a course referred to in section 21B (5) (b) and is so
enrolled, or
[6] Sections 122 (a) (i) and 123 (3) (b)
Omit "the age of 15" wherever occurring. Insert instead "the age of 17".
[7] Section 123 Evidence
Insert at the end of section 123 (1) (c):
or
(d) a child has or has not, as at a day specified in the certificate,
completed Year 10 of secondary education at the school,
[8] Section 123 (4)
Omit "the Director-General stating that, to the best of the Director-General's
belief".
Insert instead "the Director-General or by an officer prescribed by the
regulations stating that, to the best of the belief of the Director-General or
officer".
[9] Section 123 (5)
Insert after section 123 (4):
(5) In any proceedings under this Act for an offence against section
23 (1), a certificate purporting to be signed by the
Director-General or by an officer prescribed by the regulations
stating, to the best of the belief of the Director-General or officer,
on any day specified in the certificate:
(a) whether or not a child has completed Year 10 of secondary
education in this State, or
(b) whether or not specified education completed outside of
the State is the equivalent of Year 10 of secondary
education in this State,
is admissible in evidence and is prima facie evidence of the
matters stated in the certificate.
Page 5
Education Amendment Bill 2009
Schedule 1 Amendment of Education Act 1990 No 8
[10] Schedule 3 Savings, transitional and other provisions
Insert at the end of clause 2 (1):
Education Amendment Act 2009
[11] Schedule 3, Part 9
Insert after Part 8:
Part 9 Provisions consequent on enactment of
Education Amendment Act 2009
17 Application of compulsory school-age amendments and
requirement to continue school, work or approved education or
training until the age of 17 years
(1) The amendments made by the Education Amendment Act 2009
do not apply to a child who attained the age of 15 years before
1 January 2010, unless:
(a) the child completed Year 10 of secondary education (as
referred to in section 21B) during the 2009 school year, or
(b) the child was enrolled at a government or registered
non-government school at the end of the 2009 school year
or was registered for home schooling at the end of 2009.
(2) The regulations may make provision for the purpose of
determining whether a child was enrolled at a school at the end of
the 2009 school year.
Page 6
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