Education and Training Reform Amendment
(School Attendance) Act 2013
No. 47 of 2013
TABLE OF PROVISIONS
Section
1
2
3
4
5
6
7
8
9
10
11
12
13
Purpose
Commencement
Principal Act
Definitions
Offence for parent to fail to comply with duty
New section 2.1.2A inserted
2.1.2A Offence for parent not to provide instruction to child
registered for home schooling
What is a reasonable excuse?
Exemption from attendance at school
Production of identity card
Power of school attendance officers
Power to bring proceedings
Repeal of section 2.1.14
New Division 3 of Part 2.1 inserted
Division 3—School enrolment notices and school attendance
notices
2.1.15
2.1.16
2.1.17
2.1.18
2.1.19
2.1.20
2.1.21
14
School enrolment notice
School attendance notice
Content of school enrolment notice
Content of school attendance notice
Parent must respond to school enrolment notice
Parent must respond to school attendance notice
Offences for failing to comply with school enrolment
notice or school attendance notice
2.1.22 Offence to provide false information
2.1.23 Infringement notices, penalties and offences
2.1.24 Minister may issue guidelines
Repeal of amending Act
═══════════════
ENDNOTES
Page
1
1
2
2
2
3
3
3
4
4
4
5
5
5
5
5
6
7
7
8
9
9
10
10
11
12
13
i
Victoria
Education and Training Reform
Amendment (School Attendance) Act
2013†
No. 47 of 2013
[Assented to 10 September 2013]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Education and Training Reform Act 2006 in
relation to compulsory enrolment and attendance
at school.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
1
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 3
(2) If a provision of this Act does not come into
operation before 1 April 2014, it comes into
operation on that day.
3 Principal Act
See:
Act No.
24/2006.
Reprint No. 4
as at
17 January
2013
and
amending
Act Nos
71/2010,
76/2011,
39/2012 and
14/2013.
LawToday:
www.
legislation.
vic.gov.au
In this Act, the Education and Training Reform
Act 2006 is called the Principal Act.
4 Definitions
In section 1.1.3 of the Principal Act insert the
following definitions—
"school attendance notice means a notice issued
under section 2.1.16;
school enrolment notice means a notice issued
under section 2.1.15;".
5 Offence for parent to fail to comply with duty
(1) For the heading to section 2.1.2 of the Principal
Act substitute—
"Parent must comply with duty".
(2) The penalty at the foot of section 2.1.2 of the
Principal Act is repealed.
2
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 6
6 New section 2.1.2A inserted
After section 2.1.2 of the Principal Act insert—
"2.1.2A Offence for parent not to provide
instruction to child registered for home
schooling
A parent of a child registered for home
schooling in accordance with the regulations
must not without reasonable excuse fail to
ensure that the child receives instruction in
accordance with the registration.
Penalty: 1 penalty unit for each day on
which the duty is not complied
with.".
7 What is a reasonable excuse?
In section 2.1.3 of the Principal Act—
(a) after "section 2.1.2" insert ", section 2.1.2A
and Division 3";
(b) for "that section" substitute "those sections
and that Division";
(c) in paragraph (a)(ii) omit "or";
(d) paragraph (a)(iii) is repealed;
(e) after paragraph (f) insert—
"(fa) the parent of the child has provided
another excuse for the failure and the
principal of the school accepts the
excuse as a reasonable excuse;";
(f) in paragraph (g), for "attendance at school"
substitute "enrolment at school, attendance
at school or both enrolment and attendance at
school".
3
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 8
8 Exemption from attendance at school
(1) In the heading to section 2.1.5 of the Principal
Act, after "from" insert "enrolment or".
(2) In section 2.1.5 of the Principal Act, for
"attendance at school" substitute "enrolment at
school, attendance at school or both enrolment
and attendance at school".
9 Production of identity card
In section 2.1.9 of the Principal Act, after
"this Part" (wherever occurring) insert
", other than a power under Division 3".
10 Power of school attendance officers
After section 2.1.10(2) of the Principal Act
insert—
"(3) A principal must, on the request of the
school attendance officer, provide the officer
with any information regarding the
enrolment or attendance of students that the
officer may reasonably require for carrying
out the officer's functions and powers under
this Part.
(4) A school attendance officer is authorised to
access, use or disclose information recorded
in the Student Register for the purpose of
carrying out the officer's functions and
powers under this Part.
(5) An authorisation under subsection (4) is
taken to be an authorisation by the Secretary
under section 5.3A.9 for the purpose of
monitoring and ensuring student enrolment
and attendance.
4
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 11
Note
Section 5.8.5 provides for the circumstances in which
the Authority must provide information to a school
attendance officer in relation to the registration of
students for home schooling.".
11 Power to bring proceedings
In section 2.1.12 of the Principal Act, after
"Division 1" insert "or Division 3".
12 Repeal of section 2.1.14
Section 2.1.14 of the Principal Act is repealed.
13 New Division 3 of Part 2.1 inserted
At the end of Part 2.1 of the Principal Act
insert—
"Division 3—School enrolment notices and
school attendance notices
2.1.15 School enrolment notice
(1) This section applies if a school attendance
officer, after making enquiries, has
reasonable grounds to believe that a child of
compulsory school age is not, at the time of
making the enquiries, enrolled at a registered
school and is not registered for home
schooling in accordance with the regulations.
(2) A school attendance officer may issue a
school enrolment notice to a parent.
(3) For the purposes of subsection (1), the
enquiries made by the school attendance
officer may include—
(a) ascertaining whether the child is
registered for home schooling on the
State Register;
5
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
(b) ascertaining whether the child is
included on the Student Register and
ascertaining any details contained on
the Student Register regarding the
child;
(c) ascertaining whether the child is
included on the register of students kept
by the child's designated
neighbourhood Government school.
2.1.16 School attendance notice
(1) This section applies if a school attendance
officer has reasonable grounds to believe—
(a) a child who is enrolled at a registered
school has been absent from the school
on at least 5 separate days (whether or
not the absence was for a full day or
part day) in the previous 12 months;
and
(b) no reasonable excuse has been given
for the absences; and
(c) measures to improve the student's
attendance—
(i) have been undertaken in
accordance with any guidelines
issued by the Minister and have
been unsuccessful; or
(ii) are considered to be inappropriate
in the circumstances.
(2) A school attendance officer may issue a
school attendance notice to a parent.
6
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
2.1.17 Content of school enrolment notice
A school enrolment notice must be in the
prescribed form and include the following—
(a) the full name and address of the parent
to whom the notice is addressed;
(b) the full name and date of birth of the
child to whom the notice relates;
(c) a statement that the notice may be
complied with by enrolling or
conditionally enrolling the child at a
registered school or registering the
child for home schooling in accordance
with the regulations;
(d) a request that the parent complete the
reply form forwarded with the notice;
(e) the date by which the parent must
respond to the notice, being a date no
less than 21 days after the date of the
notice.
2.1.18 Content of school attendance notice
A school attendance notice must be in the
prescribed form and include the following—
(a) the full name and address of the parent
to whom the notice is addressed;
(b) the full name and date of birth of the
child to whom the notice relates;
(c) the dates that the school attendance
officer reasonably believes the child did
not attend school;
(d) a request that the parent complete the
reply form forwarded with the notice;
7
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
(e) the date by which the parent must
respond to the notice, being a date no
less than 21 days after the date of the
notice.
2.1.19 Parent must respond to school enrolment
notice
A parent who has received a school
enrolment notice must—
(a) complete the reply form forwarded with
the notice by stating in it—
(i) the true reason why the child is
not enrolled at school; or
(ii) that the child has been enrolled or
conditionally enrolled at a
registered school or registered for
home schooling in accordance
with the regulations, and details of
the enrolment or registration; or
(iii) that the parent is unable to provide
a reason because the parent does
not have parental responsibility
for the child within the meaning of
the Family Law Act 1975 of the
Commonwealth; and
(b) sign the reply form; and
(c) post or deliver the form so as to reach
the school attendance officer no later
than the date specified in the notice.
8
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
2.1.20 Parent must respond to school attendance
notice
A parent who has received a school
attendance notice must—
(a) complete the reply form forwarded with
the notice by stating in it—
(i) the true reason why the child did
not attend school on each of the
dates specified in the notice; or
(ii) that the child was not living with
the parent on some or all of the
dates specified in the notice, and
details of the parent with whom
the child was living on the
relevant dates; and
(b) sign the reply form; and
(c) post or deliver the form so as to reach
the school attendance officer no later
than the date specified in the notice.
2.1.21 Offences for failing to comply with school
enrolment notice or school attendance
notice
(1) A person who has received a school
enrolment notice must respond to the notice
in accordance with section 2.1.19.
Penalty: 5 penalty units.
(2) A person who has received a school
attendance notice must respond to the notice
in accordance with section 2.1.20.
Penalty: 5 penalty units.
(3) A person who responds to a school
enrolment notice but fails to provide a
reasonable excuse as to why the child is not
enrolled in a registered school or registered
9
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
for home schooling in accordance with the
regulations is guilty of an offence and liable
to a penalty not exceeding 5 penalty units.
(4) A person who responds to a school
attendance notice but fails to give a
reasonable excuse for 5 or more of the dates
specified in the notice is guilty of an offence
and liable to a penalty not exceeding
5 penalty units.
(5) Nothing in this section makes the following
people liable to a pecuniary penalty or to be
prosecuted for an offence—
(a) the Secretary, Department of Human
Services carrying out parental
responsibilities for a child under an
order made under the Children, Youth
and Families Act 2005; or
(b) a person carrying out parental
responsibilities for a child on behalf of
the Secretary, Department of Human
Services.
2.1.22 Offence to provide false information
A person who responds to a school
enrolment notice or school attendance notice
must not give any information in the reply
form that the person knows is false or
misleading in a material detail.
Penalty: 5 penalty units.
2.1.23 Infringement notices, penalties and
offences
(1) A school attendance officer may serve an
infringement notice on a person who the
school attendance officer has reason to
believe has committed an offence against
section 2.1.21.
10
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 13
(2) An offence against section 2.1.21 is an
infringement offence within the meaning of
the Infringements Act 2006.
(3) The infringement penalty for an offence
against section 2.1.21 is 05 penalty units.
2.1.24 Minister may issue guidelines
(1) The Minister may from time to time issue
guidelines about—
(a) matters relating to measures that may
be undertaken to encourage and support
the enrolment of a child;
(b) matters relating to measures that may
be undertaken to improve a student's
attendance at school.
(2) Any guidelines issued must not be
inconsistent with this Act or the regulations.
(3) The guidelines may apply, adopt or
incorporate any matter contained in any
document issued or published by a body or
person whether—
(a) wholly or partially or as amended by
the guidelines; or
(b) as issued or published at the time that
the guidelines are issued or at any time
before then; or
(c) as amended from time to time.
(4) The regulations may require a person, body
or school to comply with any guidelines
issued under this section.".
11
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
s. 14
14 Repeal of amending Act
This Act is repealed on 1 April 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
12
Education and Training Reform Amendment (School Attendance) Act 2013
No. 47 of 2013
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 17 April 2013
Legislative Council: 27 June 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the
Education and Training Reform Act 2006 in relation to compulsory
enrolment and attendance at school and for other purposes."
13