(2) It is a defence to a
prosecution under this section if at the relevant time--
(a) the child was
enrolled at, and attended, a school in another State, Territory or country in
accordance with the law of that State, Territory or country, or
(c) the child was participating in an alternative education
program approved by the Minister for children unable, for social, cultural or
other reasons, to participate effectively in formal school education (unless
the Secretary had previously directed that the child resume formal school
education because the child was not achieving the education outcomes required
of participants in the program), or
(d) the child was participating in a
program established by the Minister under section 35 (Discipline in
government schools), or
(e) a certificate of exemption was in force under
section 25 in respect of the child and any conditions to which the certificate
is subject were being complied with, or
(a) the child was prevented from attending school--
(i) because of some medical condition, or
(ii) because of some accident or
unforeseen event,
and within 7 days after that condition became apparent, or
that accident or event occurred, notice of that fact (together with any
medical certificate required by subsection (7)) was given to the school, or
(b) the child had not been absent from school (excluding any absence referred
to in paragraph (a)) for more than 3 days during the 3 months during which the
school had been open immediately preceding the absence complained of, or
(d) a certificate was in force
under section 26 exempting the child from attending classes at a
government school and the absence complained of was authorised by the
certificate, or
(f)
the child could not gain admission to any available government or
registered non-government school in the State because of the child's expulsion
from a school or otherwise, or
(h) the child was living
independently of his or her parents.
(4) Proceedings for an offence against
this section may be commenced only by, or with the written consent of, the
Secretary.
(5) Instead of imposing a fine on a person, the court may make a
community correction order under section 8 of the Crimes (Sentencing
Procedure) Act 1999 that is subject to the standard conditions of a community
correction order and to a community service work condition, and may do so as
if a reference in that subsection to a sentence of imprisonment were a
reference to a fine.
(6) If, in any proceedings for an offence against this
section, it is alleged that the child's absence from school is due to a
medical condition, the court may (on the application of the Secretary) order
that the child submit to a medical examination by a medical practitioner
nominated by the Secretary. In that case--
(a) the costs of the medical
examination are to be borne by the Secretary, and
(b) the medical
practitioner is not subject to any liability arising only because the medical
examination was carried out without the consent of the parent or child.
(7)
Notice of a medical condition that prevents a child from attending school is
required to be accompanied by a certificate from a medical practitioner that
states that the child should not attend school because of the condition
briefly described in the certificate if the principal of the school has
notified a parent of the child that because of the number or duration of past
absences a notice must in future be accompanied by such a certificate.