New South Wales: Education Act 1990 (NSW)

Education Act 1990 No 8 An Act to amend the law relating to the education of school children; to repeal the Education and Public Instruction Act 1987; and for other purposes. Part 1 Preliminary 1 Name of Act This Act may be cited as the Education Act 1990. 2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed for the commencement of section 133 for the purpose of repealing different provisions of an Act or regulation on different days. 3 Definitions (1) In this Act— attend a school—a child attends a school if, and only if, the child attends the school at all times while the school is open for the child's instruction or participation in school activities. authorised person, in relation to a provision of this Act, means a person who is authorised in writing by the Minister (or the Minister's delegate under section 119) for the purposes of that provision. Authority means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013. compulsory school-age—see section 21B. compulsory schooling—see section 22 (3). compulsory schooling order—see section 22D. corporal punishment of a student means the application of physical force in order to punish or correct the student, but does not include the application of force only to prevent personal injury to, or damage to or the destruction of property of, any person (including the student). Department means the Department of Education. distance education means a form of education in which students and teachers are not regularly in the presence of each other but communicate with each other in writing, by print or by electronic or like means. government school means a school established under this Act by the Minister. home schooling means schooling in the child's home, other than distance education provided by a government or registered non-government school in which the child is enrolled. inspector means an inspector within the meaning of the Education Standards Authority Act 2013. non-government school means a registered non-government school. overseas student means a student who holds a visa under the Migration Act 1958 of the Commonwealth that enables the student to study in New South Wales, but does not include the holder of a permanent visa or special category visa within the meaning of that Act. parent includes a guardian or other person having the custody or care of a child. principal includes an acting principal of a school. proprietor, in relation to a registered non-government school, means the legal entity designated, in the school's certificate of registration, as the proprietor of the school. recognised certificate means a Record of School Achievement or Higher School Certificate granted under Part 8. registered non-government school means a school, other than a government school, for the time being registered under Part 7. relevant institution means a government department or other public authority (whether Commonwealth, State or Territory), and also includes a government school or registered non-government school, any registered vocational training organisation and any non-government organisation that is in receipt of government funding. responsible person for a school means— (a) the proprietor of the school and, if the proprietor is a corporation, each director or person concerned in the management of the school, or (b) a member of the governing body of the school, or (c) the principal of the school. rules of the Authority means rules made by the Authority under section 25 of the Education Standards Authority Act 2013. Note— The rules of the Authority only have effect if approved by the Minister. Secretary means the Secretary of the Department. system of non-government schools means a system of non-government schools for the time being approved by the Minister under Part 7. TAFE establishment has the same meaning as it has in the Technical and Further Education Commission Act 1990. Tribunal means the Civil and Administrative Tribunal. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act— (a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. (3) Notes included in this Act do not form part of this Act. Part 2 Objects of Act 4 Principles on which this Act is based In enacting this Act, Parliament has had regard to the following principles— (a) every child has the right to receive an education, (b) the education of a child is primarily the responsibility of the child's parents, (c) it is the duty of the State to ensure that every child receives an education of the highest quality, (d) the principal responsibility of the State in the education of children is the provision of public education. 5 Principal objects of this Act The principal objects of this Act are as follows— (a) to set out aspects of the school curriculum, including the minimum curriculum for school registration and the curriculum for candidates for the Record of School Achievement and the Higher School Certificate, (b) to provide for the establishment and operation of government schools, (c) to ensure that only government schools established under this Act or non-government schools registered under this Act operate in New South Wales, (d) to allow children to be educated at home, (e) to provide for the grant of Records of School Achievement and Higher School Certificates and for the accreditation of non-government schools that are competent to present candidates for them. 6 Objects for administration of this Act or of education (1) It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school-age in New South Wales is to have regard (as far as is practicable or appropriate) to the following objects— (a) assisting each child to achieve his or her educational potential, (b) promotion of a high standard of education in government schools which is provided free of charge for instruction and without discrimination on the ground of sex, race or religion, (c) encouraging innovation and diversity within and among schools, (d) provision of an education for children that gives them access to opportunities for further study, work or training, (e) mitigating educational disadvantages arising from the child's gender or from geographic, economic, social, cultural, lingual or other causes, (f) provision of an education for Aboriginal children that has regard to their special needs, (g) development of an understanding of Aboriginal history and culture by all children, (h) provision of an education for children from non-English speaking backgrounds that has regard to their special needs, (i) recognition of the special problems of rural communities, particularly small and isolated communities, (j) provision of opportunities to children with special abilities, (k) provision of special educational assistance to children with disabilities, (l) development of a teaching staff that is skilled, dedicated and professional, (m) provision of opportunities for parents to participate in the education of their children, (m1) provision of opportunities for Aboriginal families, kinship groups, representative organisations and communities to participate in significant decisions under this Act relating to the education of their children, (n) provision of an education for children that promotes family and community values. (1A) It is the intention of Parliament that the provision of courses of study required by this Act for the Higher School Certificate has the following objects— (a) to provide a curriculum structure that encourages students to complete secondary education, (b) to foster the intellectual, social and moral development of students, in particular by developing— (i) their knowledge, skills, understanding and attitudes in the fields of study they choose, and (ii) their capacity to manage their own learning, and (iii) their desire to continue learning in formal or informal settings after school, and (iv) their capacity to work with others, and (v) their respect for the cultural diversity of Australian society, (c) to provide a flexible structure within which students can prepare for— (i) further education and training, and (ii) employment, and (iii) full and active participation as members of the community, (d) to provide formal assessment and certification of students' achievements, (e) to provide a context within which schools also have the opportunity to foster the physical and spiritual development of students. (2) This section does not limit the operation of any other provision of this Act. Part 3 The school curriculum Division 1 Primary education 7 Key learning areas for primary education For the purposes of this Act, each of the following is a key learning area for primary education— — English, — Mathematics, — Science and Technology, — Human Society and its Environment, — Creative and Practical Arts, — Personal Development, Health and Physical Education. 8 Minimum curriculum for primary education (1) The curriculum for primary school children during Kindergarten to Year 6 must meet the following requirements— (a) courses of study in each of the 6 key learning areas for primary education are to be provided for each child during each Year, (b) courses of study relating to Australia are to be included in the key learning area of Human Society and its Environment, (c) courses of study in both Art and Music are to be included in the key learning area of Creative and Practical Arts, (d) courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs, (e) courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Authority and approved by the Minister, (f) courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Authority and approved by the Minister. (2) The requirements of this section constitute the minimum curriculum for schools providing primary education. (3) If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Authority may approve such modifications to the syllabus referred to in subsection (1) (f) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Authority to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified. (4) Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (e). Division 2 Secondary education 9 Key learning areas for secondary education (Years 7 to 10) For the purposes of this Act, each of the following is a key learning area for secondary education in Years 7 to 10— — English, — Mathematics, — Science, — Human Society and its Environment, — Languages other than English, — Technological and Applied Studies, — Creative Arts, — Personal Development, Health and Physical Education. 10 Minimum curriculum for secondary education (Years 7 to 10) (1) The curriculum for secondary school children during Year 7 to Year 10 (other than for candidates for the Record of School Achievement) must meet the following requirements— (a) courses of study in 6 out of the 8 key learning areas for secondary education are to be provided for each child, (b) courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year, (c) courses of study in a key learning area are to be appropriate for the children concerned having regard to their level of achievement and needs, (d) courses of study in a key learning area are to be provided in accordance with any relevant guidelines developed by the Authority and approved by the Minister, (e) courses of study in a key learning area are to be based on, and taught in accordance with, a syllabus developed or endorsed by the Authority and approved by the Minister. (2) The requirements of this section constitute the minimum curriculum for schools providing secondary education for children during Year 7 to Year 10 who are not candidates for the Record of School Achievement. (3) If requested to do so by the proprietor of a non-government school (or, in the case of a school that is a member of a system of non-government schools, the approved authority for the system), the Authority may approve such modifications to the syllabus referred to in subsection (1) (e) as it considers necessary to enable any part of a course of study in a key learning area that appears to the Authority to be incompatible with the educational philosophy or religious outlook of the school to be based on, and taught compatibly with, that educational philosophy or religious outlook. The part of the course of study at that school is to be based on and taught in accordance with the syllabus as modified. (4) Any modification approved under subsection (3) must be consistent with the guidelines referred to in subsection (1) (d). 11 Curriculum for Record of School Achievement candidates (1) The curriculum during Year 7 to Year 10 for students who are candidates for the Record of School Achievement must meet the following requirements— (a) courses of study in each of the 8 key learning areas for secondary education are to be provided for each student, (b) courses of study in the key learning areas of English, Mathematics, Science and Human Society and its Environment are to be provided during each Year, but the courses of study in the other key learning areas need not be provided during each Year, (c) courses of study in a key learning area are to be taught in accordance with a syllabus developed or endorsed by the Authority and approved by the Minister. (2) (Repealed) (3) This section does not limit any requirement imposed under section 94 (Record of School Achievement). 12 Curriculum for Higher School Certificate candidates (1) The curriculum during Year 11 and Year 12 for students who are candidates for the Higher School Certificate must meet the following requirements— (a) courses of study of a general description determined by the Minister on the recommendation of the Authority are to be provided for each student in each Year, (b) those courses of study are to include a course of study in English, (c) those courses of study are to comply with a pattern of study determined by the Minister on the recommendation of the Authority, (d) those courses of study are to be taught in accordance with a syllabus developed or endorsed by the Authority and approved by the Minister. (2) In making a recommendation to the Minister under this section with respect to a course of study to be provided for students, the Authority is, in accordance with criteria specified by the Minister— (a) to establish the need for the course, and (b) to provide an assurance of its quality, and (c) to identify assessment procedures for the course, and (d) to identify other implications for educational institutions on the implementation of the course. (3) A pattern of study determined under this section may include (but is not limited to) the number of courses to be studied, the sequence in which particular courses are to be taught and the number of units of study that a course is to contain. (4) The Minister is to ensure that the courses of study required to be undertaken by students who are candidates for the Higher School Certificate cover a broad range of study and in doing so is to obtain and have regard to the advice of the Authority. (5) This section does not limit any requirement imposed under section 95 (Higher School Certificate). Division 3 General 13 Courses of study in key learning areas The general description of the courses of study for students in Kindergarten to Year 10 which may be chosen in a key learning area in order to comply with this Part and the key learning area to which any such course is allocated are to be determined by the Minister on the recommendation of the Authority. 14 Syllabuses (1) The Authority may, for the purposes of this Part, develop syllabuses for courses of study or endorse syllabuses developed by schools or other educational bodies. (2) The Minister may approve particular syllabuses developed by the Authority and may give a general approval for syllabuses endorsed by the Authority. (3) Any syllabus developed or endorsed by the Authority for a particular course of study is to indicate the aims, objectives and desired outcomes in terms of knowledge and skills that should be acquired by children at various levels of achievement by the end of specified stages in the course, and any practical experience that children should acquire by the end of any such stage. (4) Any syllabus developed or endorsed by the Authority for a particular course of study may indicate generally the period of time that should be allocated to the teaching of the course, but is not to make a specific period of time mandatory. 15 Disagreement between Minister and Authority (1) This section applies to a recommendation of the Authority relating to— (a) the school curriculum, or (b) the nature or content of the recognised certificates, or (c) the nature of the assessment or examination process leading to the award of the recognised certificates. (2) If the Minister does not approve any recommendation of the Authority to which this section applies, the Authority may request the Minister (and if so the Minister is required) to make public, as soon as practicable (but within 21 days), the Minister's decision not to approve the recommendation and the reasons for the decision. 16 Additional courses of study and other activities The total activities of children in any Year are not limited to the courses of study required for any minimum or other curriculum under this Part, but additional courses of study and other activities may be provided for the children. 17 Additional curriculum requirements for government schools (1) The Minister may determine additional curriculum requirements for children attending government schools. (2) Any such additional requirement does not constitute part of the minimum curriculum for schools providing primary or secondary education or an additional requirement for being a candidate for the Record of School Achievement or Higher School Certificate. 18 Basic skills testing (1) In this section— basic skills testing means a test of the basic skills of children (such as literacy and numeracy), but does not include a test relating to the teaching of a particular course of study. (2) The Authority is to arrange for the conduct of basic skills testing in such government schools and at such times as the Authority may determine. (3) The Authority may, at the request of a non-government school, arrange for the conduct of basic skills testing in the school. (4), (5) (Repealed) 18A Publication of school results (1) In this section— relevant national agreement means an agreement between the State and the Commonwealth that gives effect to a national protocol or arrangement for the provision and publication of school results. school results means the following results (whether they are the results of individuals or of schools or any other results)— (a) results of national basic skills testing (including testing under section 18), (b) results of recognised certificate examinations and related assessments, (c) results of annual or other periodic assessments of the academic performance of students contained in reports to parents on student achievement. The regulations may determine whether particular results are or are not results referred to in paragraphs (a)–(c). (2) School results may, in accordance with a relevant national agreement, be provided by the State to the Commonwealth or to an authority established by the Commonwealth. (3) School results must not be publicly revealed in a way that ranks or otherwise compares the results of particular schools, except as authorised by or under a relevant national agreement. (4) A person must not, in a newspaper or other document that is publicly available in this State— (a) publish any ranking or other comparison of particular schools according to school results, except with the permission of the principals of the schools involved, or (b) identify a school as being in a percentile of less than 90 per cent in relation to school results, except with the permission of the principal of the school. Maximum penalty—50 penalty units in the case of an individual and 500 penalty units in any other case. (5) Nothing in subsection (4) prohibits— (a) anything authorised to be done by or under a relevant national agreement, or (b) the publication of the ranking of the schools in the top 10 per cent in relation to the results of Higher School Certificate examinations and related assessments so long as the information used to determine that ranking is information as to the results of students that may be publicly revealed under subsection (6) (c). (6) School results must not be publicly revealed if the results of an identified student are revealed, except as follows— (a) to the student or to the student's parents, or to anyone with the student's or parent's consent, (b) to the principal of a school (including a school in another State or Territory) at which the student is enrolling, is enrolled or was previously enrolled, (c) in the case of results of recognised certificate examinations and related assessments—by or with the approval of the Authority, by way of the publication of the results of students who the Authority considers have achieved outstanding results. (7) The functions of the State under this section may be exercised by the Secretary or, if authorised by a relevant national agreement, by a State educational authority that arranges the testing, examinations or assessments concerned. (8) This section has effect despite any other Act or law or the decision of any tribunal. Part 4 Functions of the Minister and the Authority 19 General functions of the Minister The Minister has the following functions— (a) to exercise the functions in connection with the school curriculum that are conferred or imposed on the Minister under Part 3, (b) to establish and supervise the operation of government schools under Part 6, (c) to exercise the functions in connection with registration, and financial assistance to non-government schools, that are conferred or imposed on the Minister under Part 7, (d) to determine, having regard to the requirements of Part 8 and the advice of the Authority, the general method of assessment of candidates for the recognised certificates (whether by public examination or other form of assessment), (e) to determine, having regard to the requirements of Part 8 and the advice of the Authority, the nature of the information appearing on the recognised certificates or records of achievement issued by the Authority, (f) to carry out such educational audits and program reviews as the Minister considers appropriate to assess and improve the quality of education for school children in New South Wales, (g) any other function conferred or imposed on the Minister under this Act. 20 Assistance to government school children with special needs (1) The Minister may provide or arrange special or additional assistance for government school children with special needs, such as— (a) children with disabilities, or (a1) children with significant learning difficulties, or (b) children who live in isolated or remote areas, or (c) children who are from non-English speaking backgrounds, or (d) Aboriginal children, or (e) children with special abilities, or (f) children who are disadvantaged by their socio-economic background. (2) Any such special or additional assistance may include the provision of financial assistance, facilities, courses of study, staff, staff training or distance education. (3) Any such financial assistance is to be paid out of money to be provided by Parliament. (4) For the purposes of subsection (1) (a1), a child has a significant learning difficulty if a qualified teacher or other qualified education professional is of the opinion that the child is not, regardless of the cause, performing in the basic educational areas of reading, writing, spelling and mathematics in accordance with the child's peer age group and stage of learning. 20A Functions of the Authority under this Act (1) The Authority is to exercise its functions under this Act in connection with the education of children at both the primary and secondary level. (2) In particular, the Authority has the following functions under this Act— (a) to develop or endorse syllabuses and exercise its other functions under Part 3 (The School Curriculum), (b) to provide advice and make recommendations to the Minister about the registration of non-government schools under Part 7, (b1) to approve providers to provide courses to overseas students under Part 7A, (c) to accredit registered non-government schools under Part 8, (d) to grant the recognised certificates, (e) to prepare and distribute to schools information relating to the courses of study for candidates for the recognised certificates, and information relating to eligibility to be granted those certificates, (f) to prepare and make available to schools curriculum support materials, (g) to develop or endorse syllabuses for courses of study that are appropriate for students (including candidates for the recognised certificates) who wish to continue at or return to school after the normal school-leaving age (including on a part-time basis), (h) to develop or endorse, in consultation with the TAFE Commission, syllabuses for courses of study that will enable school students to be granted credits by TAFE establishments, (i) to make such arrangements as may be necessary for the conduct of examinations or other forms of assessment for candidates for the recognised certificates and to regulate the conduct of those examinations or other forms of assessment and the recording of candidates' achievements in them, (j) to prepare and distribute to schools information relating to the conduct of examinations and other forms of assessment for candidates for the recognised certificates, (k) to recognise, for any of the purposes of this Act, educational attainments obtained at educational institutions outside New South Wales, (l) to provide advice and guidance to schools concerning the policies and practices of the Authority under this Act, (m) to provide advice and assistance to students, employers and the public concerning the nature and content of courses of study for the recognised certificates (and the assessment and reporting of candidates' achievements in those courses), (n) to monitor, by inspection of schools and otherwise, the application of its policies in schools, (o) to arrange for the development of appropriate curriculum resources and other material to assist in the education of school students with an Aboriginal background, (p) to develop curriculum resources for use in the teaching of Aboriginal studies (including Aboriginal history and culture), (q) to promote the provision of education in schools that adequately equips students to acquire a vocation and for their life in the community, (r) to advise the Minister in relation to the following matters— (i) any changes to the requirements of Part 3 that the Authority considers appropriate, (ii) the functions of the Minister under Part 4, (iii) whether changes should be made in the number or type of recognised certificates, (iv) the likely impact of any change in the Authority's policies (particularly in relation to courses of study) on the overall planning, allocation or use of educational resources in New South Wales, (v) special arrangements for students with special educational needs, including the approval of special courses of study, the modification of requirements for the grant of the recognised certificates and the grant of special records of achievement, (vi) any matter in relation to which the Minister requests the Authority's advice. (3) The Authority, in the exercise of its functions under this Act, is to have regard to the resources available for education in New South Wales schools. 21 (Renumbered as section 83B) 21A (Repealed) Part 5 Attendance of children at school 21B Compulsory school-age (1) For the purposes of this Act, a child is of compulsory school-age if the child is of or above the age of 6 years and below the minimum school leaving age. (2) The minimum school leaving age is— (a) the age at which the child completes Year 10 of secondary education (subject to participation required by subsection (3)), or (b) the age of 17 years, whichever first occurs. (3) A child who completes Year 10 of secondary education but who is below the age of 17 years is of compulsory school-age unless the child participates on a full-time basis in— (a) approved education or training, or (b) if the child is of or above the age of 15 years—paid work or a combination of approved education or training and paid work. (4) A child ceasing to be of compulsory school-age because of that participation does not revert to being of compulsory school-age because of a cessation in participation for any reason so long as the interruption in participation does not exceed a total period of 3 months in any 12-month period or such other period approved by the Minister. (5) The completion of Year 10 of secondary education is— (a) the completion of Year 10 of secondary education in this State (whether by school education or home schooling), or (b) the completion of a course provided by the TAFE Commission that is approved by the Minister as the equivalent of Year 10 of secondary education in this State, or (c) the completion, outside of this State, of the equivalent of Year 10 of secondary education in this State, or (d) the completion of education in any special circumstances approved by the Minister. (6) Participation in approved education or training is participation in any of the following— (a) a higher education course within the meaning of the Higher Education Act 2001, (b) a VET accredited course within the meaning of the National Vocational Education and Training Regulator Act 2011 of the Commonwealth, (c) an apprenticeship or traineeship within the meaning of the Apprenticeship and Traineeship Act 2001, (d) any other education or training approved by the Minister. (7) The regulations may prescribe rules and criteria that are to be applied for the purposes of this section in determining— (a) whether a child has completed Year 10, or (b) whether a child is participating in paid work, or (c) whether a child is participating in approved education or training, or (d) whether such participation is on a full-time basis. Subject to the regulations, participation on a full-time basis in paid work is participation for an average of 25 hours per week. 22 Compulsory schooling—duty of parents (1) It is the duty of the parent of a child of compulsory school-age to cause the child— (a) to be enrolled at, and to attend, a government school or a registered non-government school, or (b) to be registered for home schooling under Part 7 and to receive instruction in accordance with the conditions to which the registration is subject. (2) That duty is satisfied if the child receives instruction of a kind referred to in section 23 (2). (3) Schooling required by this section is referred to in this Act as compulsory schooling. 22A Obtaining information about children of compulsory school-age (1) Any relevant institution or other person may provide information to the Department solely for the purpose of assisting the Secretary to ascertain— (a) the age, identity or whereabouts of a child who is not receiving compulsory schooling or who is not participating in education, training or paid work as an alternative to receiving compulsory schooling, and (b) the reasons why the child is not receiving that schooling or not so participating. (2) Information may be provided under this section— (a) at the request of the Secretary or without any such request, and (b) anonymously. (3) The Secretary may include in a request for information such information about a child, or a child's family, as may assist the relevant institution or other person concerned to provide the information requested. (4) A relevant institution has a duty to provide information in its possession or control that the Secretary requests under this section. (5) The authority or duty to provide information under this section— (a) applies despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002, but (b) is subject to any other Act or law and to client legal privilege. (6) The provision of information under this section in good faith— (a) does not give rise to any liability to civil, criminal or disciplinary action, and (b) is not a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct. (7) The identity of any person who has provided information under this section is not to be disclosed. 22B Compulsory schooling undertakings by parents (1) The Secretary may make schooling arrangements with one or more parents of a child that includes a written undertaking by the parent or parents with respect to compulsory schooling for the child (a compulsory schooling undertaking). (2) The arrangements may be made before, during or after a conference under section 22C concerning the child. (3) A compulsory schooling undertaking may, with the agreement of the Secretary, be varied or revoked at any time. (4) A compulsory schooling undertaking is admissible in evidence in any proceedings under this Part. 22C Conference of relevant parties to deal with unsatisfactory school attendance (1) If a child is not receiving compulsory schooling, a conference of the relevant parties may be directed— (a) by the Children's Court during proceedings for a compulsory schooling order, or (b) by the Secretary at any time before or after any such proceedings. (2) The principal purpose of a conference is to ensure that the child is provided with compulsory schooling. (3) A conference is to be conducted by an authorised person appointed by the Children's Court or the Secretary (as the case requires). (4) The following persons are entitled to participate in a conference— (a) in the case of a conference directed by the Children's Court—the parties to the proceedings and any legal practitioner representing them, (b) such persons (including the parents of the child and representatives of relevant institutions wishing to participate) as the person conducting the conference considers appropriate, (c) any other legal practitioner advising a participant in the conference (subject to such conditions or limitations as may be imposed by the person conducting the conference). (5) A conference may— (a) seek to identify and resolve issues in dispute in relation to compulsory schooling for the child, and (b) seek to identify any services whose provision to the child, or to his or her family, would facilitate compulsory schooling for the child, and (c) formulate undertakings, and orders for consideration by the Children's Court, with respect to compulsory schooling for the child. The Children's Court may include in a compulsory schooling order any undertaking or obligation formulated by a conference under paragraph (c). (6) Participants in a conference may disclose to each other such information concerning the child, and his or her family, as may reasonably assist in achieving the purpose of the conference. (7) The authority to disclose information under this section— (a) applies despite the Privacy and Personal Information Protection Act 1998 or the Health Records and Information Privacy Act 2002, but (b) is subject to any other Act or law and to client legal privilege. (8) None of the following are admissible in evidence in any proceedings before any court or other body (other than care proceedings under Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998)— (a) any evidence of anything said or of any admission made in a conference, (b) any document (or copy of a document) prepared in relation to the proceedings of the conference, other than a document containing the terms of an undertaking arising out of the conference. This subsection does not apply to any such evidence or document if the persons in attendance at, or identified during, the conference and, in the case of a document, all persons specified in the document, consent to its admission in evidence. 22D Compulsory schooling orders (1) The Children's Court may, on the application of the Secretary, make an order under this section in relation to a child of compulsory school-age who is not receiving compulsory schooling (a compulsory schooling order). (2) A compulsory schooling order may require a parent of the child to cause the child to receive compulsory schooling in accordance with the order. (3) A compulsory schooling order may require the child to engage in compulsory schooling in accordance with the order if— (a) the child is of or above the age of 12 years, and (b) the Children's Court is satisfied that the child is living independently of his or her parents or that (because of the child's disobedience) the parents are not able to cause the child to receive compulsory schooling. (4) If the child completes Year 10 of secondary education as referred to in section 21B, a compulsory schooling order may determine the participation of the child required by section 21B (3) in education or training or in paid work in order that the child may cease compulsory schooling. That determination does not limit other participation that satisfies the requirements of section 21B (3). (5) The following applies to proceedings of the Children's Court under this section— (a) subject to this section and the regulations, Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of proceedings relating to an application under this section, (b) the proceedings may relate to any number of children of the same parent, (c) the Children's Court may make an interim compulsory schooling order pending the final determination of the proceedings. (6) The Children's Court may vary or revoke a compulsory schooling order on the application of the Secretary or of a person subject to the order. (7) The Children's Court, when making a compulsory schooling order or when dismissing an application for or revoking such an order— (a) may accept written undertakings from a parent, and from any other participant in a conference under section 22C, with respect to compulsory schooling for the child, and (b) may recommend that a relevant institution provide services to the child, or to the child's family, in order to assist the child to receive compulsory schooling. (8) A compulsory schooling order (unless sooner revoked by the Children's Court) ceases to have effect— (a) at the end of the period specified in the order during which it is to have effect, or (b) when the child ceases to be of compulsory school-age, whichever first occurs. (9) The following applies if a parent or child fails to comply with an obligation under a compulsory schooling order— (a) in the case of a parent—the maximum penalty for a relevant offence under section 23 (Offence if parent fails to send child to school) is increased to 100 penalty units, (b) in the case of a child of or above the age of 15 years—the child is guilty of an offence and liable to a penalty not exceeding 1 penalty unit (but without the court proceeding to a conviction), unless the child had a reasonable excuse for not complying with the order, (c) the Secretary may enrol the child in a government school (in accordance with section 34) if the compulsory schooling order authorises the Secretary to do so. (10) The Secretary may cause copies of a compulsory schooling order, and any undertaking or recommendation referred to in subsection (7), to be given to such persons as the Secretary considers to have an interest in the welfare of the child. (11) Section 91 of the Children and Young Persons (Care and Protection) Act 1998 applies to and in respect of an order under this section in the same way as it applies to and in respect of an order under Part 2 of Chapter 5 of that Act. Note— Section 91 of the Children and Young Persons (Care and Protection) Act 1998 provides a right of appeal from an order of the Children's Court. (12) Rules of court may be made under the Children's Court Act 1987 with respect to the jurisdiction of the Children's Court under this section. (13) A compulsory schooling order does not have effect to the extent that it is inconsistent with a direction or an order made in relation to the child— (a) by the Secretary or the Minister under Division 3 of Part 5A, or (b) by the Supreme Court in the exercise of its jurisdiction with respect to the custody and guardianship of children. 23 Offence if parent fails to send child to school (1) A parent of a child of compulsory school-age is guilty of an offence if the parent fails to cause the child— (a) to be enrolled at, and to attend, a government school or a registered non-government school, or (b) to be registered for home schooling under Part 7. Maximum penalty— (a) in the case of a first offence—25 penalty units, or (b) in the case of a second or subsequent offence—50 penalty units, or (c) in the case of a parent subject to a compulsory schooling order—100 penalty units. (2) It is a defence to a prosecution under this section if at the relevant time— (a) the child was enrolled at, and attended, a school in another State, Territory or country in accordance with the law of that State, Territory or country, or (b) the child was enrolled at a government or registered non-government school and participating in distance education provided by the school (unless the Secretary or school had previously directed that the child cease distance education because of the failure of the child to perform the required school work), or (c) the child was participating in an alternative education program approved by the Minister for children unable, for social, cultural or other reasons, to participate effectively in formal school education (unless the Secretary had previously directed that the child resume formal school education because the child was not achieving the education outcomes required of participants in the program), or (d) the child was participating in a program established by the Minister under section 35 (Discipline in government schools), or (e) a certificate of exemption was in force under section 25 in respect of the child and any conditions to which the certificate is subject were being complied with, or (f) the child was attending a school that the parent reasonably believed to be a government school or registered non-government school. (3) It is also a defence to a prosecution under this section if at the relevant time— (a1) the child has written permission from the principal of a government school or registered non-government school, and from the director of a TAFE establishment, to enrol in a course referred to in section 21B (5) (b) and is so enrolled, or (a) the child was prevented from attending school— (i) because of some medical condition, or (ii) because of some accident or unforeseen event, and within 7 days after that condition became apparent, or that accident or event occurred, notice of that fact (together with any medical certificate required by subsection (7)) was given to the school, or (b) the child had not been absent from school (excluding any absence referred to in paragraph (a)) for more than 3 days during the 3 months during which the school had been open immediately preceding the absence complained of, or (c) the child was prevented from attending school because of a direction under section 88 of the Public Health Act 2010, or (d) a certificate was in force under section 26 exempting the child from attending classes at a government school and the absence complained of was authorised by the certificate, or (e) the child was suspended from a government school, or (f) the child could not gain admission to any available government or registered non-government school in the State because of the child's expulsion from a school or otherwise, or (g) the child's absence from school was— (i) because of the child's disobedience, or (ii) a consequence of the failure of a person (other than a parent of the child) to honour an undertaking accepted under this Part, and was not the parent's fault, or (h) the child was living independently of his or her parents. (4) Proceedings for an offence against this section may be commenced only by, or with the written consent of, the Secretary. (5) Instead of imposing a fine on a person, the court may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition, and may do so as if a reference in that subsection to a sentence of imprisonment were a reference to a fine. (6) If, in any proceedings for an offence against this section, it is alleged that the child's absence from school is due to a medical condition, the court may (on the application of the Secretary) order that the child submit to a medical examination by a medical practitioner nominated by the Secretary. In that case— (a) the costs of the medical examination are to be borne by the Secretary, and (b) the medical practitioner is not subject to any liability arising only because the medical examination was carried out without the consent of the parent or child. (7) Notice of a medical condition that prevents a child from attending school is required to be accompanied by a certificate from a medical practitioner that states that the child should not attend school because of the condition briefly described in the certificate if the principal of the school has notified a parent of the child that because of the number or duration of past absences a notice must in future be accompanied by such a certificate. 24 Register of enrolments and attendances (1) The principal of a government school or registered non-government school must keep a register, in a form approved by the Minister, of the enrolments and daily attendances of all children at the school. (1A) The register is to contain any notification given (or particulars of any notification given) about the absence of a child from school under section 23 (3) (a). (2) The register must be available for inspection during school hours by an inspector or by any authorised person, who may require the principal of the school to furnish a copy of the register or any part of it. (3) When required to do so by the Minister, the principal of a government school or registered non-government school must furnish to the Minister information, within a time and in a form approved by the Minister, concerning the following— (a) the enrolment and attendance of children at the school during a specified period, (b) any unsatisfactory school attendance by children of compulsory school-age enrolled at the school. (4) The particulars of enrolments and daily attendances recorded in a register under this section must be retained for such period as the Minister may determine. (5) A principal of a government school or registered non-government school who, without reasonable excuse, fails to comply with a requirement imposed by or under this section is guilty of an offence. Maximum penalty—5 penalty units. 25 Certificate of exemption from attending school (1) The Minister may grant a certificate exempting a child from the requirement of this Part that the child be enrolled at and attend a government school or registered non-government school or be registered for and receive home schooling, if the Minister is satisfied that conditions exist which make it necessary or desirable that such a certificate should be granted. (2) A certificate of exemption under this section may be given subject to conditions and may be limited in its operation to a period specified in the certificate. (2A) A certificate of exemption under this section may be limited to exemption from the requirement to attend a school during the times specified or referred to in the certificate. (3) A certificate of exemption under this section may be cancelled by the Minister. 26 Certificate of exemption from attending particular classes (1) The parent of a child enrolled at a government school may give the Secretary written notice that the parent conscientiously objects on religious grounds to the child being taught a particular part of a course of study. (2) The Secretary may accept any such objection and grant a certificate exempting the child from attending classes relating to the part of the course concerned if satisfied that the objection is conscientiously held on religious grounds. (3) A certificate of exemption under this section may be given subject to conditions. (4) A certificate of exemption under this section may be cancelled by the Secretary. Part 5A Health and safety risks at schools arising from student behaviour Division 1 Preliminary 26A Definitions In this Part— direction means an enrolment direction or a non-attendance direction. enrolment includes prospective and continuing enrolment. enrolment direction means a direction given by the Secretary under section 26H. guidelines means the guidelines under Division 4. non-attendance direction means a direction given by the Minister under section 26HA. non-government schools authority means an approved authority for a system of non-government schools within the meaning of section 40. relevant agency—see section 26C. relevant decision-maker means— (a) in relation to an enrolment direction—the Secretary, or (b) in relation to a non-attendance direction—the Minister. school means a government school or a registered non-government school. student includes— (a) a student who is above the age of 18 years, and (b) a prospective student. 26AA Restriction on disclosing certain information Despite this or any other Act or law, the Minister, the Secretary or a school is not required to disclose information obtained under or in connection with this Part to any student, parent or other person if there are reasonable grounds to believe that to do so would— (a) endanger a person's life or physical safety, or (b) enable the existence or identity of a confidential source of information in relation to the enforcement or administration of a law to be ascertained, or (c) prejudice the investigation of a contravention (or possible contravention) of a law in any particular case, or (d) not be in the public interest. Division 2 Obtaining information about students 26B Purpose of obtaining information about students (1) Information may be obtained under this Division solely for the following purposes— (a) assisting the Minister, the Secretary or schools— (i) to assess whether the enrolment or attendance of a particular student at a school is likely to constitute a risk (because of the behaviour of the student) to the health or safety of any person (including the student), and (ii) to develop and maintain strategies to eliminate or minimise any such risk, (b) assisting the Minister to exercise functions under section 26HA relating to non-attendance directions. (2) Information about a student obtained under this Division is prohibited from being disclosed under the Government Information (Public Access) Act 2009 except in response to an access application under that Act that is made by— (a) the student the subject of the information, or (b) a parent of the student, or (c) any person nominated in writing by the student or a parent of the student. (3) Nothing in this Division operates to prevent the provision or disclosure of information as required or permitted by or under any other Act or law (except as provided by subsection (2)). 26C Relevant agencies from which information may be obtained about students (1) Information may be obtained in accordance with this Division from any one or more of the following (relevant agencies)— (a) schools, (b) the Department, (c) a non-government schools authority, (d) the TAFE Commission and TAFE establishments, (e) public health organisations within the meaning of the Health Services Act 1997, (f) the Department of Communities and Justice, (g)–(h1) (Repealed) (i) the NSW Police Force, (j) any other agency prescribed by the regulations. (2) For the purposes of this Division, memoranda of understanding for the provision of information to— (a) schools, or (b) a non-government schools authority, or (c) the Department, may be entered into, in accordance with the guidelines, between any one or more relevant agencies. 26D Obtaining information about particular students (1) The Department, a non-government schools authority or a school may request a relevant agency to provide information about a particular student for the purposes referred to in section 26B (1). (2) The Department, authority or school may provide the relevant agency with such information about the student as may assist the agency to provide the information sought. (3) A relevant agency has a duty to provide information sought under this section if the agency has the information in its possession or under its control. (4) Information obtained under this section may be passed on to other schools, the Department or a non-government schools authority (or to any other person or body as permitted by this Act or the guidelines). (5) Information of the kind referred to in subsection (1) may be provided by one school to another school at which the student concerned enrols— (a) without the need for any request from the other school, and (b) regardless of whether the information was obtained under this section or otherwise. (6) However, this section— (a) does not authorise or require the provision of information if its disclosure is prohibited by— (i) section 20G, 20P or 23 of the Health Administration Act 1982, or (ii) section 29 (1) (f) of the Children and Young Persons (Care and Protection) Act 1998, and (b) does not require the provision of information if the guidelines authorise the relevant agency to refuse to provide the information. 26E Consultation during assessment of risk and development of strategies In making an assessment, and (if necessary) developing a strategy, referred to in section 26B, the Minister, the Secretary or school (as the case may be) must, unless the guidelines otherwise provide— (a) consult the student concerned and the parents or a parent of the student, and (b) disclose to the student, parent or parents any relevant information obtained under this Division. 26F No offence or liability for disclosure of information (1) An Act or law that prohibits the disclosure of information does not operate to prevent the provision of information under this Division. This subsection applies unless its operation is expressly excluded by this or some other Act. (2) Subsection (1) does not apply to a disclosure of information that is prohibited by— (a) section 20G, 20P or 23 of the Health Administration Act 1982, or (b) section 29 (1) (f) of the Children and Young Persons (Care and Protection) Act 1998. (3) If information about a student is provided under this Division in good faith and with reasonable care— (a) no liability for defamation is incurred because of the provision of the information, and (b) the provision of the information does not constitute a ground for any other civil proceedings, and (c) the provision of the information does not constitute a breach of professional etiquette or ethics or a departure from accepted standards of professional conduct. Division 3 Directions about enrolment and attendance 26G Operation of Division (1) This Division has effect despite any entitlement to enrolment at a government school under section 34 (1) or (2). (2) Nothing in this Division affects the operation of section 34 (4). 26H Enrolment directions (1) The Secretary may direct that a student is not to be enrolled at any government school other than a government school of a kind specified in the direction (an enrolment direction). (2) An enrolment direction may be given only if the Secretary believes on reasonable grounds that the enrolment of the student otherwise than as permitted by the direction would constitute a risk (because of the behaviour of the student) to the health or safety of any person (including the student). (2A) An enrolment direction must specify a school of a kind that is appropriate for the age of the student and that is within a reasonable distance of the student's home. (3) A student is not to be enrolled at a government school in contravention of an enrolment direction. (4) Any facility conducted by the State, or otherwise approved by the Minister, for the purpose of educating students in Kindergarten or any of Years 1–12 is taken to be a government school for the purpose of an enrolment direction and, for that purpose, may be so referred to in the guidelines. 26HA Non-attendance directions (1) The Minister may, by notice in writing, direct a student not to attend school during a specified period (a non-attendance direction). A non-attendance direction may specify a particular school or schools or any school. (2) The Minister may give a non-attendance direction to a student only if— (a) the Minister believes on reasonable grounds that— (i) there is a significant risk that the student will engage in serious violent conduct, or (ii) the student supports terrorism or violent extremism, and (b) the Minister believes on reasonable grounds that issuing the non-attendance direction is necessary to protect the health or safety of the students or staff of any school. (3) While a non-attendance direction in relation to a student is in force, the Minister— (a) must assess whether the attendance of the student at school constitutes a risk to the health or safety of any person (including the student), and (b) must, if appropriate, develop strategies to eliminate or minimise that risk and to enable the student to attend school, and (c) must, in accordance with the guidelines, develop and implement a plan to support the student while the student is not attending school under the direction. Note— Information about students may be obtained under Division 2 for the purposes of assisting the Minister in exercising functions under this section. (4) In subsection (2) (a) (i), serious violent conduct means conduct constituting any of the following offences (regardless of whether the student cannot, or might not, be held to be criminally responsible for the conduct)— (a) an offence involving— (i) loss of a person's life or serious risk of loss of a person's life, or (ii) serious physical or psychological injury to a person or serious risk of such injury to a person, or (iii) serious damage to property in circumstances endangering the safety of any person, (b) a serious offence of a sexual nature, (c) an offence involving serious animal cruelty. (5) At the end of each school year, the Minister is to publish on the Department's