11Requirement to enrol school-aged child at school or provide home education

11 Requirement to enrol school-aged child at school or provide home education

(1)  Unless exempted under this Division, a child who is at least 5 years of age as at 1 January in any year must be –

(a) [Section 11 Subsection (1) amended by No. 37 of 2017, s. 12, Applied:30 Aug 2017] enrolled at a school until issued with a transition statement (whether or not the child attains the age of 18 years before the commencement of, or during, Year 10); or

(b) [Section 11 Subsection (1) amended by No. 37 of 2017, s. 12, Applied:30 Aug 2017] provided with home education by a registered home educator for that year and subsequent years until the child is issued with a transition statement.

(2)  Each parent of a school-aged child must ensure, unless the child is exempted from enrolment under section 13 or the parent has a reasonable excuse, that the child is –

(a) enrolled at a school; or

(b) being provided with home education by a parent of the child who is registered as a home educator in respect of that child.

Penalty:  Fine not exceeding –

(a) 10 penalty units for a first offence; and

(b) 15 penalty units for a second or subsequent offence.

(3)  Without limiting subsection (2) , it is a reasonable excuse for a parent that the school-aged child primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent –

(a) is ensuring that the school-aged child is enrolled at a school; or

(b) is a home educator providing the school-aged child with home education.

(4)  A school-aged child may not be enrolled at more than one school unless the child –

(a) has disability; and

(b) is a member of a class of school-aged children that the Ministerial instructions allows to be enrolled at more than one school; and