22DCompulsory schooling orders

22D Compulsory schooling orders

22D Compulsory schooling orders

(1) The Children’s Court may, on the application of the Secretary, make an order under this section in relation to a child of compulsory school-age who is not receiving compulsory schooling (a compulsory schooling order).

(2) A compulsory schooling order may require a parent of the child to cause the child to receive compulsory schooling in accordance with the order.

(3) A compulsory schooling order may require the child to engage in compulsory schooling in accordance with the order if—

(a) the child is of or above the age of 12 years, and

(b) the Children’s Court is satisfied that the child is living independently of his or her parents or that (because of the child’s disobedience) the parents are not able to cause the child to receive compulsory schooling.

(4) If the child completes Year 10 of secondary education as referred to in section 21B, a compulsory schooling order may determine the participation of the child required by section 21B (3) in education or training or in paid work in order that the child may cease compulsory schooling. That determination does not limit other participation that satisfies the requirements of section 21B (3).

(5) The following applies to proceedings of the Children’s Court under this section—

(a) subject to this section and the regulations, Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of proceedings relating to an application under this section,

(b) the proceedings may relate to any number of children of the same parent,

(c) the Children’s Court may make an interim compulsory schooling order pending the final determination of the proceedings.

(6) The Children’s Court may vary or revoke a compulsory schooling order on the application of the Secretary or of a person subject to the order.

(7) The Children’s Court, when making a compulsory schooling order or when dismissing an application for or revoking such an order—

(a) may accept written undertakings from a parent, and from any other participant in a conference under section 22C, with respect to compulsory schooling for the child, and