Compliance notice
172 Compliance notice
(2) If the CEO or a school attendance officer believes on reasonable grounds that section 39, 40, 42 or 70 is not being complied with in relation to a child, the CEO or officer may give a written notice (a compliance notice) to one of the following:
a parent who has daily care and control of the child;
if the child is living independently – the child.
(2A) A compliance notice may be given whether or not an information notice under section 171(2) has been given in the circumstances.
The compliance notice must:
specify that it is a compliance notice under this section; and
(b) include a brief description of the failure to comply with this Act for which the notice is given; and
(c) specify what must be done by the person given the notice in order to comply with it; and
specify the period for complying with the notice; and
(e) contain a statement to the effect that failure to comply with the notice is an offence.
(4) The compliance notice may include any further information that the CEO or school attendance officer considers appropriate.
(5) If the CEO or school attendance officer considers it appropriate to do so, the CEO or officer may extend the period mentioned in subsection (3)(d) on the CEO's or officer's own initiative or on the request of the person given the compliance notice.
(6) However, the period cannot be extended if the period for compliance has ended.
A parent commits an offence if:
(a) a compliance notice is given to the parent under subsection (2)(a); and
the parent fails to comply with the notice.
Maximum penalty: For a first offence – 15 penalty units.
For a second or subsequent offence –20 penalty units.
A child commits an offence if:
(a) a compliance notice is given to the child under subsection (2)(b); and
the child fails to comply with the notice.
Maximum penalty: For a first offence – 1.5 penalty units.
For a second or subsequent offence –2 penalty units.
(9) An offence against subsection (7) or (8) is an offence of strict liability.
(10) It is a defence to a prosecution for an offence against subsection (7) or (8) if the defendant has a reasonable excuse.
(11) If the CEO or school attendance officer is satisfied that the compliance notice has been complied with, the CEO or officer must revoke the notice by written notice given to the parent or child, as the case requires.
This Act’s bill:Explanatory statementSecond reading speech
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