Education Act 2016

A school-aged child is excused from attendance at a school if – the child – is sick; or has a temporary physical or mental incapacity; and that sickness or physical or mental incapacity is such that it prevents the child from attending; and a parent of the child, or the child if he or she is living independently from his or her parents, has notified the school's principal as soon as reasonably practicable on or after the day on which the child is absent, but not later than 5 days after that day.

If a school-aged child has failed to attend at a school because of sickness or incapacity for a total of 5 days in any school year, the parent of the child, or the child if he or she is living independently from his or her parents, is to provide a certificate from a medical practitioner in relation to any further failure to attend because of sickness or incapacity if requested to do so by the school's principal.

For the purposes of subsections (1) and (2), if a school-aged child has a medical or other condition that results in the child being susceptible to having a physical, emotional or mental reaction to an incident, situation or exposure to disease which is stronger than the reaction of school-aged children who do not have the condition – the child, by reason of that condition alone, is taken not to be sick or incapacitated; but on the day on which the child is absent from school, is taken to be sick or incapacitated if he or she is experiencing or recovering from such a reaction.

A principal of a school may require a school-aged child not to attend a school during any day on which the child has an infestation or is suffering from any disease which, on advice from the Director of Public Health, the Secretary considers may be infectious, contagious or harmful to the health of other persons at the school.

A school-aged child is excused from attendance at a school – if the child is required under subsection (4) not to attend a school; or in any circumstances specified in the Ministerial instructions.