Education Act 2015

(1) If the CEO or a school attendance officer believes on reasonable grounds that a provision of Part 4 (other than Division 3) is not being complied with in relation to a child, the CEO or officer may give a direction under subsection (2).

(2) The CEO or school attendance officer may, by written notice, direct any of the following persons to attend a compulsory conference addressing the issues the CEO or officer considers appropriate to resolve in order to achieve compliance with the provision:

Examples for subsection (2)(c)

A social worker, child psychologist, school principal, church representative or traditional elder.

(3) The child may attend the conference without being accompanied by a parent in any of the following circumstances:

(b) the child requests that parents, or a particular parent, not be present and the CEO or school attendance officer agrees to the request;

(c) the CEO or officer considers the conference is more likely to be successful without the presence of parents or a particular parent.

(4) If a child attends the conference without being accompanied by a parent because of circumstances mentioned in subsection (3), any direction to a parent to attend is taken to be withdrawn.

(5) If the child requests the presence of another person (a support person) at the conference, the CEO or school attendance officer may agree to the request if the CEO or officer considers the conference is more likely to be successful if the support person is present.

(7) The purpose of the conference is to ensure that the child receives education or training in accordance with this Act.

(8) For achieving its purpose, in the conduct of the conference the parties may do any of the following:

(a) seek to identify and resolve issues in dispute in relation to education or training for the child;

(b) seek to identify any services that can be provided to the child or the child's family to facilitate education or training for the child;

(c) make recommendations to the CEO or school attendance officer that the conference participants consider appropriate;

(d) formulate undertakings for a family responsibility agreement under Part 6A of the Youth Justice Act 2005.

(9) Despite Part 5 of the Information Act 2002, participants in the conference, or other persons for the purposes of the conference, may disclose to each other information about the child and the child's family that may reasonably assist in achieving the purpose of the conference.

(10) Evidence of things said or admissions made in the conference, or in documents prepared for the conference, other than any written undertakings prepared during or following the conference, is not admissible in any court proceeding.

(a) the parent has been directed under subsection (2)(a) to attend a conference; and

Maximum penalty: For a first offence – 15 penalty units.

For a second or subsequent offence – 20 penalty units.

(a) the child has been directed under subsection (2)(b) to attend a conference; and

Maximum penalty: For a first offence – 1.5 penalty units.

For a second or subsequent offence – 2 penalty units.

(13) An offence against subsection (11) or (12) is an offence of strict liability.

(14) It is a defence to a prosecution for an offence against subsection (11) or (12) if the defendant has a reasonable excuse.