Compulsory attendance at school
40 Compulsory attendance at school
(1) This section applies to a student of compulsory school age whose usual place of residence is in the Territory and who is enrolled in a school that is not a distance education centre.
(2) If the student is a child not living independently, a parent who has daily care and control of the student must ensure that the student attends the school each school day, or each part of a school day, on which instruction is provided for the student.
Maximum penalty: For a first offence – 15 penalty units.
For a second or subsequent offence – 20 penalty units.
(3) If the student is a child living independently, the student must attend the school each school day, or each part of a school day, on which instruction is provided for the student.
Maximum penalty: For a first offence – 1.5 penalty units.
For a second or subsequent offence – 2 penalty units.
(4) An offence against subsection (2) or (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant has a reasonable excuse.
Subsections (2) and (3) do not apply if:
the student is exempted from attending school under this Part; or
the student is directed not to attend school under section 41; or
the student is, under Part 5, Division 8:
suspended or expelled from school; or
(ii) excluded from any land, premises or facility occupied or used by the school; or
(iii) excluded from participation in any program or activity conducted by or on behalf of the school; or
(d) a parent of the student or, if the student is a child living independently, the student, gives a reason acceptable to the principal of the school for the student's absence; or
(e) the student's absence is on a day, or part of a day, of significance to the student's cultural background and a parent of the student or, if the student is a child living independently, the student, gives that as the reason for the absence to the principal of the school.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.