Truancy from school or eligible option
174 Truancy from school or eligible option
This section applies if an authorised person:
(a) sees a child apparently of compulsory school age in a public place; and
(b) believes on reasonable grounds that the child should either be attending a school or participating in an eligible option.
The authorised person may require the child to:
(a) give the child's name, the address of the child's usual place of residence and the child's age; and
(b) give the name of the school (if any) in which the child is enrolled or give details of any eligible option in which the child participates; and
(c) explain why the child is absent from school or is not participating in an eligible option.
A child commits an offence if:
a requirement is made of a child under subsection (2); and
the child fails to comply with the requirement.
Maximum penalty: 1.5 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
(5) If it appears to the authorised person that the child is of compulsory school age and the authorised person is not satisfied with the explanation given by the child, the authorised person may do any of the following:
(a) accompany the child to the school in which the child is enrolled and place the child into the care of the school principal;
(b) accompany the child to the child's usual place of residence or another place the authorised person considers appropriate in the circumstances;
(c) take any action the authorised person considers appropriate in relation to any non-participation by the child in an eligible option.
This Act’s bill:Explanatory statementSecond reading speech
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