23Offence if parent fails to send child to school

23 Offence if parent fails to send child to school

23 Offence if parent fails to send child to school

(1) A parent of a child of compulsory school-age is guilty of an offence if the parent fails to cause the child—

(a) to be enrolled at, and to attend, a government school or a registered non-government school, or

(b) to be registered for home schooling under Part 7.

Maximum penalty—

(a) in the case of a first offence—25 penalty units, or

(b) in the case of a second or subsequent offence—50 penalty units, or

(c) in the case of a parent subject to a compulsory schooling order—100 penalty units.

(2) It is a defence to a prosecution under this section if at the relevant time—

(a) the child was enrolled at, and attended, a school in another State, Territory or country in accordance with the law of that State, Territory or country, or

(b) the child was enrolled at a government or registered non-government school and participating in distance education provided by the school (unless the Secretary or school had previously directed that the child cease distance education because of the failure of the child to perform the required school work), or

(c) the child was participating in an alternative education program approved by the Minister for children unable, for social, cultural or other reasons, to participate effectively in formal school education (unless the Secretary had previously directed that the child resume formal school education because the child was not achieving the education outcomes required of participants in the program), or

(d) the child was participating in a program established by the Minister under section 35 (Discipline in government schools), or

(e) a certificate of exemption was in force under section 25 in respect of the child and any conditions to which the certificate is subject were being complied with, or

(f) the child was attending a school that the parent reasonably believed to be a government school or registered non-government school.

(3) It is also a defence to a prosecution under this section if at the relevant time—