33Attendance at approved learning program

33 Attendance at approved learning program

(1)  A youth must attend his or her approved learning program as required by that program unless he or she is exempted or excused from attending under this Division.

(2)  A parent of a youth must ensure that the youth attends an approved learning program as required by that program unless the youth is exempted or excused from attending under this Division 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 attends his or her approved learning program as required by that program; or

(b) in all the circumstances, the parent is not reasonably able to ensure that the youth so attends his or her approved learning program.

(4)  A provider of the approved learning program of a youth, other than a principal of a school, must notify the Secretary of the non-attendance of the youth at the program unless the youth is exempted or excused from attending under this Division.

Penalty:  Fine not exceeding 20 penalty units.

(5)  If a youth is enrolled at a school under his or her approved learning program and fails to attend as required by the program, Division 5 applies in relation to the youth, with any necessary modification or adaptation.

(6)  For the purposes of this section, a youth may attend an approved learning program by using a form of electronic communication, within the meaning of the Electronic Transactions Act 2000 , if –

(a) that form of electronic communication is allowed by the provider of the program; and

(b) the provider has approved the youth's attendance at the program by using that form of electronic communication.