Education Act 2016

Unless exempted under this Division, a child who is at least 5 years of age as at 1 January in any year must be – enrolled at a school until issued with a transition statement (whether or not the child attains the age of 18 years before the commencement of, or during, Year 10); or provided with home education by a registered home educator for that year and subsequent years until the child is issued with a transition statement.

Each parent of a school-aged child must ensure, unless the child is exempted from enrolment under section 13 or the parent has a reasonable excuse, that the child is – enrolled at a school; or being provided with home education by a parent of the child who is registered as a home educator in respect of that child. Fine not exceeding – 10 penalty units for a first offence; and 15 penalty units for a second or subsequent offence.

Without limiting subsection (2), it is a reasonable excuse for a parent that the school-aged child primarily resides with another parent and the first parent believes, on reasonable grounds, that the other parent – is ensuring that the school-aged child is enrolled at a school; or is a home educator providing the school-aged child with home education.

A school-aged child may not be enrolled at more than one school unless the child – has disability; and is a member of a class of school-aged children that the Ministerial instructions allows to be enrolled at more than one school; and is enrolled in accordance with the Ministerial instructions.