(1) The Children's Court may, on the application of the Secretary, 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" ).
(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--
(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 Secretary 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
(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,
(10) The Secretary 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 Secretary considers to
have an interest in the welfare of the child.
(12) Rules of court
may be made under the Children's Court Act 1987with 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 Secretary or the Minister under Division 3 of Part 5A, or
(b) by the
Supreme Court in the exercise of its jurisdiction with respect to the custody
and guardianship of children.