Education Act 2015

A parent who has daily care and control of a child of compulsory school age whose usual place of residence is in the Territory commits an offence if the child is not enrolled in a Government school or a non-Government school registered under Part 7.

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

For a second or subsequent offence – 20 penalty units.

A child of compulsory school age who is living independently and whose usual place of residence is in the Territory commits an offence if the child is not enrolled in a Government school or a

non-Government school registered under Part 7.

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

For a second or subsequent offence – 2 penalty units.

An offence against subsection (1) or (2) is an offence of strict liability.

It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.

Subsections (1) and (2) do not apply in relation to a child who is:

complying with special arrangements made under Division 4 for the child; or

being provided with home education in accordance with an approval under section 46; or

enrolled in a school in a State or another Territory and receiving education or training that, if provided in the Territory, would comply with the requirements of this Part.

The principal of a school must notify the CEO, in writing, as soon as practicable after a student who has completed year 10 of secondary education and is under the age of 17 years ceases to be enrolled in the school.