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SCHOOL EDUCATION ACT 1999 - SECT 9

SCHOOL EDUCATION ACT 1999 - SECT 9

9 .         When enrolment compulsory

        (1)         A child is to be enrolled in an educational programme for each year of the compulsory education period for that child.

        (1a)         Subsection (1) has effect subject to sections 11F(2) and 11H(5) and (6).

        Note for this subsection:

                The effect of the provisions mentioned in subsection (1a) is that if a child in either of the final years of compulsory education is, in accordance with Subdivision 1A, participating in an option or in options under that Subdivision and the required notice has been given and remains in force, the child does not have to be enrolled or to be provided with home education under section 9.

        (2)         A parent of a child must ensure that subsection (1) is complied with.

        Penalty: a fine of $2 500.

        (3)         A prosecution for an offence against subsection (2) is not to be commenced against a parent unless the chief executive officer has given a certificate to the effect that reasonably practicable steps have been taken to secure compliance with subsection (1) by the parent.

        (4)         Where in any proceedings a document is produced purporting to be a certificate given under subsection (3) the court is to presume, unless the contrary is shown, that the document is such a certificate.

        [Section 9 amended: No. 84 of 2004 s. 80; No. 22 of 2005 s. 18; No. 28 of 2014 s. 23 and 35.]