145CDirector-general may give certain information to other

145C Director-general may give certain information to other States (a) a corresponding officer asks the director-general, in writing, whether a child or young person is receiving an education in the ACT; or (b) the director-general considers, on the director-general’s own initiative, that giving a corresponding officer information about the education of a child in the ACT is in the best interests of the child. (2) Subject to subsection (4), the director-general may provide the following information, orally or in writing, to the corresponding officer: (a) if the child or young person is enrolled at an education provider or registered for home education under this Act—that the child or young person is receiving an education in the ACT; (b) for a child enrolled at an education provider under this Act— whether the child is contravening section 10A (2) or section 10D (3) (which are about participation and school attendance requirements); (c) if the director-general is satisfied on reasonable grounds that the child or young person is not enrolled at an education provider or registered for home education under this Act—that the child or young person is not receiving an education in the ACT;

(d) if the child or young person, or a parent of the child or young person, has been issued with an exemption certificate under part 2.3—that the child or young person is exempt from receiving an education in the ACT; (e) in any other circumstances—that the director-general is not able to confirm whether the child or young person is receiving an education in the ACT. (3) However, the director-general must not tell the corresponding officer any information related to the child or young person’s enrolment or registration. Examples—related information 1 whether the child or young person is enrolled at an education provider or registered for home education 2 the school at which the child or young person is enrolled 3 the nature of the education course in which the child or young person is enrolled 4 who enrolled the child or young person (4) The director-general must, before providing any information to a corresponding officer under subsection (1), have the consent of— (a) a parent of the child or young person; or (b) if the director-general is satisfied the child or young person understands what information is being given, the purpose of giving the information and who will receive the information— the child or young person. Note Consent is not required in certain circumstances (see s 145E). (5) In considering the best interests of a child for subsection (1) (b), the director-general must consider the following: (a) the need to ensure that the child is not at risk of abuse or neglect; (b) the child’s physical, emotional and intellectual needs; (c) the child’s access to, or benefit from, education;

(d) the child’s age, level of understanding or level of maturity; (e) any views or wishes expressed by the child or young person; (f) the relationship the child has with the child’s parents; (g) the attitude to the child and to parental responsibilities, demonstrated by the child’s parents; (h) a court order or criminal investigation relating to the child or the child’s parents. corresponding officer means a person responsible for the administration of the legislation under which children are enrolled at an education provider or registered for home education in another State.