24Participation in approved learning program or home education

24 Participation in approved learning program or home education

(1)  [Section 24 Subsection (1) amended by No. 37 of 2017, s. 15, Applied:30 Aug 2017] Unless exempted under this Division, a child who has been issued with a transition statement must –

(a) participate full-time in an approved learning program until the first of the following occurs:

(i) he or she obtains a Year 12 completion certificate;

(ii) he or she obtains a Certificate III qualification, within the meaning of the Australian Qualifications Framework;

(iii) he or she attains the age of 18 years; or

(b) be home educated until he or she attains the age of 18 years.

(2)  Each parent of a youth must ensure that the youth is participating full-time in an approved learning program or is being home educated unless a youth is exempted from participation under section 26 or the parent has a reasonable excuse.

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 –

(a) the youth primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent is ensuring that the youth participates full-time in an approved learning program or is being home educated; or

(b) in all the circumstances, the parent is not reasonably able to ensure that the youth participates full-time in an approved learning program or is home educated.

(4)  If a court finds a parent guilty of an offence under subsection (2) , the court, instead of or in addition to imposing a fine, may impose a community service order within the meaning of the Sentencing Act 1997 .