New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 22D

22D Compulsory schooling orders

(1) The Children’s Court may, on the application of the Director-General, make an order under this section in relation to a child of compulsory school-age who is not receiving compulsory schooling (a "compulsory schooling order").

(2) A compulsory schooling order may require a parent of the child to cause the child to receive compulsory schooling in accordance with the order.

(3) A compulsory schooling order may require the child to engage in compulsory schooling in accordance with the order if:

(a) the child is of or above the age of 12 years, and

(b) the Children’s Court is satisfied that the child is living independently of his or her parents or that (because of the child’s disobedience) the parents are not able to cause the child to receive compulsory schooling.

(4) If the child completes Year 10 of secondary education as referred to in section 21B, a compulsory schooling order may determine the participation of the child required by section 21B (3) in education or training or in paid work in order that the child may cease compulsory schooling. That determination does not limit other participation that satisfies the requirements of section 21B (3).

(5) The following applies to proceedings of the Children’s Court under this section:

(a) subject to this section and the regulations, Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of proceedings relating to an application under this section,

(b) the proceedings may relate to any number of children of the same parent,

(c) the Children’s Court may make an interim compulsory schooling order pending the final determination of the proceedings.

(6) The Children’s Court may vary or revoke a compulsory schooling order on the application of the Director-General or of a person subject to the order.

(7) The Children’s Court, when making a compulsory schooling order or when dismissing an application for or revoking such an order:

(a) may accept written undertakings from a parent, and from any other participant in a conference under section 22C, with respect to compulsory schooling for the child, and

(b) may recommend that a relevant institution provide services to the child, or to the child’s family, in order to assist the child to receive compulsory schooling.

(8) A compulsory schooling order (unless sooner revoked by the Children’s Court) ceases to have effect:

(a) at the end of the period specified in the order during which it is to have effect, or

(b) when the child ceases to be of compulsory school-age,

whichever first occurs.

(9) The following applies if a parent or child fails to comply with an obligation under a compulsory schooling order:

(a) in the case of a parent-the maximum penalty for a relevant offence under section 23 (Offence if parent fails to send child to school) is increased to 100 penalty units,

(b) in the case of a child of or above the age of 15 years-the child is guilty of an offence and liable to a penalty not exceeding 1 penalty unit (but without the court proceeding to a conviction), unless the child had a reasonable excuse for not complying with the order,

(c) the Director-General may enrol the child in a government school (in accordance with section 34) if the compulsory schooling order authorises the Director-General to do so.

(10) The Director-General may cause copies of a compulsory schooling order, and any undertaking or recommendation referred to in subsection (7), to be given to such persons as the Director-General considers to have an interest in the welfare of the child.

(11) Section 91 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of an order under this section in the same way as it applies to and in respect of an order under Part 2 of Chapter 5 of that Act.

Note: Section 91 of the Children and Young Persons (Care and Protection) Act 1998 provides a right of appeal from an order of the Children’s Court.

(12) Rules of court may be made under the Children’s Court Act 1987 with respect to the jurisdiction of the Children’s Court under this section.

(13) A compulsory schooling order does not have effect to the extent that it is inconsistent with a direction or an order made in relation to the child:

(a) by the Director-General under section 26H, or

(b) by the Supreme Court in the exercise of its jurisdiction with respect to the custody and guardianship of children.