What it does
The Education Act 1990 (NSW) is the foundational statute governing the provision of primary and secondary education in New South Wales. Its core function is to translate the principles set out in Part 2 into enforceable obligations on the State, parents, schools and the NSW Education Standards Authority (the Authority).
At its heart the Act does four things. First, it prescribes the minimum curriculum for both government and registered non-government schools. Division 1 of Part 3 lists the six key learning areas for primary education (English, Mathematics, Science and Technology, Human Society and its Environment, Creative and Practical Arts, and Personal Development, Health and Physical Education). Section 8(1) requires that courses in each area be provided every year, be age-appropriate, follow Authority syllabuses and comply with Ministerial guidelines. Parallel provisions in ss 9–12 apply to secondary education, with additional requirements for candidates for the Record of School Achievement (RoSA) and the Higher School Certificate (HSC). Section 14(3) mandates that every syllabus state aims, objectives, knowledge, skills and practical experience to be acquired by the end of each stage.
Second, the Act enforces compulsory schooling. Section 21B defines compulsory school-age as six years and above until the child completes Year 10 or turns 17. Section 22(1) imposes a duty on every parent to ensure the child is enrolled at and attends a government or registered non-government school, or is registered for home schooling. The duty is satisfied only if the child receives instruction meeting the minimum curriculum or participates in approved education, training or paid work after Year 10 (s 22(2) and s 21B(3)). A suite of graduated enforcement tools follows: information-sharing between agencies (s 22A), compulsory schooling undertakings (s 22B), conferences (s 22C), and Children’s Court orders (s 22D). Breach of the parental duty is an offence carrying up to 100 penalty units if a court order has been made (s 23(1)(c)).