21BCompulsory school-age

#### 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. > > > (2) The minimum school leaving age is— > > > > > (a) the age at which the child completes Year 10 of secondary education (subject to participation required by subsection (3)), or > > > > > (b) the age of 17 years, > > > > whichever first occurs. > > > (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— > > > > > (a) approved education or training, or > > > > > (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. > > > (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. > > > (5) The completion of Year 10 of secondary education is— > > > > > (a) the completion of Year 10 of secondary education in this State (whether by school education or home schooling), or > > > > > (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 > > > > > (c) the completion, outside of this State, of the equivalent of Year 10 of secondary education in this State, or > > > > > (d) the completion of education in any special circumstances approved by the Minister. > > > (6) Participation in approved education or training is participation in any of the following— > > > > > (a) a higher education course within the meaning of the [Higher Education Act 2001](/view/html/inforce/current/act-2001-102), > > > > > (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, > > > > > (c) an apprenticeship or traineeship within the meaning of the [Apprenticeship and Traineeship Act 2001](/view/html/inforce/current/act-2001-080), > > > > > (d) any other education or training approved by the Minister. > > > (7) The regulations may prescribe rules and criteria that are to be applied for the purposes of this section in determining— > > > > > (a) whether a child has completed Year 10, or > > > > > (b) whether a child is participating in paid work, or > > > > > (c) whether a child is participating in approved education or training, or > > > > > (d) whether such participation is on a full-time basis. > > > > Subject to the regulations, participation on a full-time basis in paid work is participation for an average of 25 hours per week. > > **s 21B:** Ins 2009 No 25, Sch 1 \[2\]. Am 2010 No 131, Sch 2.3.