NSWIn ForceAct
Education Act 1990
21BCompulsory school-age
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#### 21B Compulsory school-age
21B Compulsory school-age
> > (1) For the purposes of this Act, a child is of compulsory school-age if the child is of or above the age of 6 years and below the minimum school leaving age.
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> > (2) The minimum school leaving age is—
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> > > (a) the age at which the child completes Year 10 of secondary education (subject to participation required by subsection (3)), or
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> > > (b) the age of 17 years,
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> > whichever first occurs.
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> > (3) A child who completes Year 10 of secondary education but who is below the age of 17 years is of compulsory school-age unless the child participates on a full-time basis in—
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> > > (a) approved education or training, or
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> > > (b) if the child is of or above the age of 15 years—paid work or a combination of approved education or training and paid work.
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> > (4) A child ceasing to be of compulsory school-age because of that participation does not revert to being of compulsory school-age because of a cessation in participation for any reason so long as the interruption in participation does not exceed a total period of 3 months in any 12-month period or such other period approved by the Minister.
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> > (5) The completion of Year 10 of secondary education is—
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> > > (a) the completion of Year 10 of secondary education in this State (whether by school education or home schooling), or
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> > > (b) the completion of a course provided by the TAFE Commission that is approved by the Minister as the equivalent of Year 10 of secondary education in this State, or
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> > > (c) the completion, outside of this State, of the equivalent of Year 10 of secondary education in this State, or
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> > > (d) the completion of education in any special circumstances approved by the Minister.
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> > (6) Participation in approved education or training is participation in any of the following—
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> > > (a) a higher education course within the meaning of the [Higher Education Act 2001](/view/html/inforce/current/act-2001-102),
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> > > (b) a VET accredited course within the meaning of the [National Vocational Education and Training Regulator Act 2011](http://www.legislation.gov.au/) of the Commonwealth,
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> > > (c) an apprenticeship or traineeship within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080),
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> > > (d) any other education or training approved by the Minister.
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> > (7) The regulations may prescribe rules and criteria that are to be applied for the purposes of this section in determining—
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> > > (a) whether a child has completed Year 10, or
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> > > (b) whether a child is participating in paid work, or
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> > > (c) whether a child is participating in approved education or training, or
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> > > (d) whether such participation is on a full-time basis.
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> > Subject to the regulations, participation on a full-time basis in paid work is participation for an average of 25 hours per week.
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> **s 21B:** Ins 2009 No 25, Sch 1 \[2\]. Am 2010 No 131, Sch 2.3.