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EDUCATION ACT 1990 - SECT 21B Compulsory school-age

EDUCATION ACT 1990 - SECT 21B

Compulsory school-age

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
(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 VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth,
(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.