Many parents are probably unaware that it is a criminal offence not to cause their child to attend school. All children in NSW who are of compulsory school age must receive an education. A child is generally of compulsory school age if they are aged between 6 and 17 years.
Parents are responsible for ensuring their children are enrolled at, and attend, a public school or registered non-government school, or are registered for home schooling.
If a child is not receiving compulsory schooling, the Department of Education may intervene and apply to the Children’s Court for a compulsory schooling order.
If such an order is applied for, the Children’s Court will usually order the relevant parties, namely the child, parents, school and representatives from the Department, to attend a conference to identify any issues relating to the child’s non-attendance as well as any support services that may assist improve attendance.
Under the Education Act, it is a criminal offence to fail to send your child to school and you may be issued with a fine. The maximum penalty for failing to send a child to school is:
(a) in the case of a first offence – a fine of $2,750, or
(b) in the case of a second or subsequent offence – a fine of $550, or
(c) in the case of a parent subject to a compulsory schooling order – a fine of $11,000.
There are however a number of defences under the Education Act which a parent may rely upon to avoid a criminal conviction, including if the child’s absence was because of the child’s disobedience or due to a medical condition.
