Western Australia: School Education Act 1999 (WA)

Western Australia School Education Act 1999 Western Australia School Education Act 1999 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Terms used 1 5. Term used: pre‑compulsory education period 1 6. Term used: compulsory education period 1 8. Notes not part of Act 1 Part 2 — Education of children during compulsory education period Division 1 — Compulsory education with alternatives in final years of compulsory education Subdivision 1 — Enrolment of children of compulsory school age 9. When enrolment compulsory 1 10. Ways in which s. 9 satisfied 1 11AA. Proof of enrolment to be provided 1 11. Exemption from s. 9(1), Minister may grant etc. 1 Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education 11A. Terms used 1 11B. Options other than school etc. in final 2 years 1 11C. Participation s. 11B option to be full‑time 1 11D. Arrangements under s. 11B, parent to notify Minister of etc. 1 11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to 1 11F. Notice under s. 11D or 11E, duration and effect of 1 11G. Employment for s. 11B(1)(d), Minister's approval of required etc. 1 11H. Child employed with s. 11G approval, parent to notify Minister of etc. 1 11I. Child to participate in options notified under s. 11D, 11E or 11H 1 11J. Participation by child, what constitutes 1 11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister's functions as to 1 11L. Independent child, designating child to be 1 11M. Minister's functions as to this Subdivision 1 11N. Regulations for this Subdivision 1 Subdivision 2 — Inquiries to check compliance with sections 9 and 11I 12. Authorised persons, authorisation of 1 13. Authorised person, powers of 1 14. Authorised person, certificate of authorisation for 1 15. Pretending to be authorised person, offence 1 Division 2 — Enrolment, all schools 16. Information required when applying to enrol 1 17. Change of s. 16 particulars, principal to be notified of 1 18. Child enrolment application by one parent, principal may act on 1 19. Enrolment register, principal's duties as to 1 20. Cancelling enrolment, principal's powers as to 1 21. Removing child from school register, when allowed 1 Division 3 — Attendance, all schools 22. Term used: school 1 23. Attendance requirements 1 24. Attendance at place outside school, arrangement for etc. 1 25. When student excused from attendance 1 26. Doubtful reasons given for child's non-attendance, principal may refer to Attendance Panel etc. 1 27. Non attendance of student may be required on public health grounds 1 28. Attendance records, principal's duties as to 1 29. Employing child during school hours, offence 1 Division 4 — Government schools, absence for special observance 30. Recognized religious or cultural period, child excused from attendance for 1 31. Days etc. to which s. 30 applies 1 Division 5 — Absentee students and non‑participating children Subdivision 1 — Preliminary 32. Terms used 1 Subdivision 2 — Attendance officers 33. Attendance officers, designation of 1 34. Attendance officer, certificate of designation for 1 35. Pretending to be attendance officer, offence 1 Subdivision 3 — Powers of attendance officers 36. Powers to detain and question and to enter public places 1 37. Obstructing etc. attendance officer, offence 1 Subdivision 4 — Dealing with non‑attendance and non‑participation and enforcing attendance and participation 38. Breach of s. 23, offence by parent and child 1 39. Attendance Panel, appointment and procedure of etc. 1 40. Persistent breach of s. 23, referral of case to Attendance Panel 1 41. Prosecution of s. 9 or 38 offence, commencement of if case referred to Attendance Panel 1 42. Prosecution of s. 9 or 38 offence, prerequisites to commencing 1 43. Proceedings for s. 9 or 38 offence, parent may be required to bring child to court 1 44. Evidentiary matters for s. 9 and 38 charges 1 45. Prosecution of s. 9 and 38 offences, who may conduct 1 Division 6 — Home education 46. Term used: home educator 1 47. Registration as child's home educator, application for 1 48. Registration of home educator, CEO's functions as to 1 49. Home educator to inform CEO of certain matters 1 50. Home education moderators, appointment of 1 51. Evaluation of child's educational programme and progress, when required etc. 1 52. CEO may notify home educator of concern and require evaluation 1 53. Cancelling s. 48 registration, CEO's functions as to 1 54. Review of s. 53 decision 1 Part 3 — Government schools Division 1 — Establishment, closure etc. 55. Establishing etc. school, Minister's powers as to 1 56. Closing, amalgamating etc. schools, Minister's powers as to 1 57. Consultation requirements before s. 56 power exercised 1 58. Permanent closure, procedure for 1 59. Permanent closure for safety or welfare reasons 1 60. Local‑intake schools, declaration of etc. 1 Division 2 — Functions of chief executive officer, principals and teachers 61. CEO's functions 1 62. Principals, appointment of 1 63. Principal's functions 1 64. Teacher's functions 1 65. Assigned function etc. not to be inconsistent with industrial arrangements 1 Division 3 — Educational instruction 66. Terms used 1 67. Curriculum, determination of 1 68. Curriculum not to promote certain matters 1 69. Special religious education, provision of 1 70. Prayers etc., principal to consult school Council about 1 71. Special religious instruction etc., parent may withdraw child from 1 72. Conscientious objection to subject, principal may exempt child from classes on 1 73. Child with disability, educational programme for 1 74A. Child in early education period, educational programme for 1 Division 4 — Enrolment 74. Application for enrolment of child 1 75. Enrolment of child, principal's duties as to 1 76. General residential qualification for child to be enrolled 1 77. Child below compulsory school age, when entitled to be enrolled 1 78. Child of compulsory school age, when entitled to be enrolled at local‑intake school 1 79. Child of compulsory school age, when entitled to be enrolled at non local-intake school 1 81. Enrolment of person after compulsory education period 1 82. Resolving question under s. 76, 77, 78 or 79 1 83. Inappropriate enrolment, CEO's powers to cancel 1 84. Decision under s. 82 or 83 as to educational programme, CEO to consider certain matters for 1 85. CEO may ask advisory panel for advice for s. 82 or 83 decision 1 86. Child with disability, decision under s. 82 or 83 as to educational programme for 1 87. Disabilities Advisory Panel, appointment of etc. 1 Division 5 — Suspension and exclusion Subdivision 1 — Preliminary 88. Terms used 1 Subdivision 2 — Suspension and exclusion for breach of school discipline or disruptive behaviour 89. Term used: breach of school discipline 1 90. Breach of school discipline, suspension for 1 91. Grounds for excluding student from school attendance 1 92. Procedure for excluding student from school attendance 1 93. School Discipline Advisory Panel, appointment of etc. 1 94. Excluding student etc., orders as to that CEO may make 1 95. Principal's power to exclude from school attendance student enrolled after compulsory education period 1 96. Decision under s. 95, review of 1 96A. Subdivision 3 not limited by this Subdivision 1 Subdivision 3 — Suspension and exclusion of student charged with or convicted of sexual offence 96B. Terms used 1 96C. References to conviction 1 96D. Suspension of student 1 96E. Grounds for excluding student from school attendance 1 96F. Procedure for excluding student from school attendance 1 96G. Orders that CEO may make 1 96H. CEO must give notice of order 1 96I. CEO must consider whether to revoke or amend order in certain circumstances 1 Division 6 — Financial provisions Subdivision 1 — Fees for instruction, charges, contributions and costs 97. Terms used 1 98. Fees for instruction and charges, limits on imposing 1 99. Charges etc. for materials, services and facilities, determining etc. 1 100. Extra cost optional component of educational programme, determining cost for etc. 1 101. Optional components that are not extra cost optional components to be available to certain students 1 102. Charges etc. to be paid to principal 1 103. Overseas and adult students to pay fees for instruction 1 104. Reduction etc. of fees etc., regulations about 1 105. Students (other than overseas and adult students) cannot be excluded for non‑payment of charges 1 106. Recovering fees etc. 1 107. Agreements to pay costs not affected 1 108. Items to be supplied by student for personal use in educational programme, determining etc. 1 Subdivision 2 — School funds 109. General Purposes Fund, each school has 1 110. Funds for donations etc., establishing 1 111. Management of school funds 1 112. Money to be credited to General Purposes Fund etc. 1 113. Bank account for school funds 1 114. Financial Management Act 2006 s. 8 and 34, application of to s. 109 to 113 1 115. Investment of school funds 1 116. Closure etc. of school, how school funds to be dealt with in case of 1 Division 7 — Other management provisions 117. School year for government schools, how determined 1 118. Disputes and complaints, regulations for dealing with 1 119. School premises, regulations for management etc. of 1 120. Non-student disrupting school etc., powers to deal with 1 121. Certain information not to be disseminated on school premises 1 122. Parent on s. 19 register, principal etc. may deal with exclusively 1 123. General management of schools, regulations for 1 Division 8 — Parent and community involvement Subdivision 1 — School Councils 124. Terms used 1 125. Each government school to have Council for school 1 126. Exemptions from and approvals for s. 125 1 127. Council, members of etc. 1 128. Council, functions of 1 129. Additional functions of Council, Minister may approve 1 130. Additional functions of incorporated Council, Minister may approve 1 131. Property acquired by incorporated Council vests in Minister 1 132. Council cannot intervene in certain matters 1 133. Powers of Council 1 134. Support services for Council, principal to provide 1 135. Minister may direct Council 1 136. Procedures of Council 1 137. Protection from personal liability 1 138. Minister may dismiss unincorporated Council 1 139. Incorporated Council, winding up 1 140. Regulations about Councils 1 Subdivision 2 — Parents and Citizens' Associations 141. Terms used 1 142. Forming association 1 143. Objects of and limits on associations 1 144. Property acquired by association vests in Minister 1 145. Association formed after 1 Jan 2001, incorporation of 1 146. Transitional provisions for association existing at 1 Jan 2001 1 147. Association to give certain information to principal 1 148. Winding up association 1 149. Other associations, forming etc. 1 Part 4 — Non‑government schools Division 1 — Preliminary 150. Terms used 1 151. Term used: chief executive officer 1 152. Delegation by chief executive officer 1 153. Minister may direct chief executive officer 1 Division 2 — Offences 154. Establishing or conducting an unregistered school 1 155. Making false representations 1 156A. Schools to be conducted in accordance with registered information 1 156B. Notice to be given to CEO about changes to governing bodies of schools 1 156C. Minister or CEO may require information about registered schools 1 Division 3A — School planning proposals require an advance determination 156. What is a school planning proposal 1 157A. Application for advance determination 1 157B. Minister may make advance determination 1 157C. Policy direction for advance determinations 1 157. Notice to be given about decisions on advance determinations 1 Division 3B — Registration of non‑government schools Subdivision 1 — Applications and requirements 158A. When advance determination required before making application under this Division 1 158. Application for registration 1 159A. Application for renewal of registration 1 159B. Application for registration change 1 159. Standards for non‑government schools 1 160. Determining applications for registration and renewal of registration 1 161A. Determining applications for registration change 1 161B. Notice to be given about decisions under this Subdivision 1 Subdivision 2 — Register and certificates of registration 161. Register of non‑government schools to be kept 1 162. Certificate of registration 1 163A. Surrender of certificate of registration 1 163. Period of registration 1 Subdivision 3 — Notices, conditions, directions and cancellations 164. Continuing suitability of governing body 1 165A. Quality improvement notices 1 165. Conditions of registration 1 166. Directions to comply 1 167A. No new enrolments while a direction is outstanding 1 167. Cancelling registration 1 Division 3C — Review of decisions under Divisions 3A and 3B 168. Review of certain decisions 1 Division 3 — Non‑government school systems Subdivision 1 — Recognition of systems 169. Recognized school system, declaration of 1 170. Revoking s. 169 order 1 171. School system may accept certain schools as members of system 1 172. School in school system may withdraw from system 1 Subdivision 2 — System agreements 173. System agreement, Minister may make etc. 1 174. Content of system agreement 1 175. Termination of system agreement 1 Division 4 — Inspection of registered schools 176. Inspection of registered school after notice given 1 177. Inspection of registered school with no notice 1 178. Inspector under s. 176 or 177 to produce certificate of authority 1 179. Obstructing inspector, offence 1 Division 5 — Funding 182. Money appropriated for registered schools, allocation of 1 183. Purposes etc. for which allocations will be made, orders as to etc. 1 184. Contents of s. 183 orders 1 185. Minister may require school to account for allocated moneys 1 Division 6 — Loans for capital works 186. Minister's powers to lend moneys 1 187. Minister may borrow moneys to make s. 186 loan 1 188. Operating account for s. 186 and 187 moneys 1 189. Treasurer's guarantee for moneys borrowed under s. 187 1 190. Payments under s. 189 guarantee 1 Part 5 — Community kindergartens Division 1 — Preliminary 191. Term used: governing body 1 Division 2 — Registration of community kindergartens 192. Registration, general provisions as to 1 193. Application for registration 1 194. Matters to be considered by Minister 1 195. Grant or refusal of registration 1 196. Minister to notify decision within 3 months 1 197. Certificate of registration; register of registered kindergartens 1 198. Amending etc. conditions of registration 1 199. Who can attend registered kindergarten 1 200. Cancelling registration, Ministers' functions as to 1 201. Decision as to registration, review of 1 Division 3 — Operation and management of community kindergartens 202. Minister may direct registered kindergarten as to standards 1 203. Governing body of kindergarten, role of 1 204. Teaching staff etc., appointment of 1 205. Teaching staff, functions of 1 206. Curriculum and enrolment 1 207. Fee for instruction and charges 1 209. Person disrupting kindergarten etc.; disseminating information on kindergarten premises 1 210. Moneys appropriated for kindergartens, allocation of 1 211. Minister may require kindergarten to account for allocated moneys 1 212. Regulations about kindergartens 1 Part 6A — Student residential colleges Division 1 — Preliminary 213A. Terms used 1 Division 2 — Establishment of student residential colleges 213B. Establishing student residential colleges 1 213C. Closing or amalgamating student residential colleges 1 Division 3 — Administration of student residential colleges Subdivision 1 — Operation and management 213D. Operation and management of student residential colleges 1 213E. Powers of Minister relating to student residential colleges 1 213F. Treasurer to consider proposals under s. 213E(2)(c) 1 213G. When money paid for advertising or sponsorship to be paid to student residential college's General Purposes Fund 1 213H. Sections 120 and 121 have effect in respect of student residential colleges 1 Subdivision 2 — Regulations and code of conduct 213I. Regulations about student residential colleges 1 213J. Code of conduct for students 1 Subdivision 3 — Power of Minister to grant licences 213K. Licences by Minister for use of tangible property relating to student residential colleges 1 213L. When money paid under licence to be paid to a General Purposes Fund 1 Division 4 — LINC committees 213M. LINC committees 1 213N. Membership of LINC committees 1 213O. Functions of LINC committees 1 213P. Regulations about LINC committees 1 Division 5 — Financial provisions Subdivision 1 — Fund for each student residential college 213Q. General Purposes Fund for each student residential college 1 213R. Funds for other moneys received for a student residential college 1 213S. Management of college funds 1 213T. Money to be credited to college funds 1 213U. Bank account for college funds 1 213V. Financial Management Act 2006 s. 8 and 34, application of to s. 213Q to 213U 1 213W. Investment of college funds 1 213X. Dealing with college funds on closure or amalgamation of a college 1 Subdivision 2 — Student Residential Colleges Fund 213Y. Student Residential Colleges Fund 1 213ZA. Minister's power to borrow money 1 Part 6 — Administration Division 1 — The Minister 213. Terms used 1 214. "Minister for Education" is body corporate etc. 1 215. Property vested in Minister 1 216. Powers of Minister 1 217. Treasurer to consider proposals under s. 216(2)(c) 1 218. Licences by Minister for use of tangible property, other than property relating to student residential colleges 1 220. When money paid under licence to be paid to school's General Purposes Fund 1 221. When money paid for advertising or sponsorship to be paid to school's General Purposes Fund 1 222. Exempting school from Act, Minister's powers as to 1 223. Decision as to individual student, review of by Minister 1 224. Delegation by Minister 1 225. Subdelegation by CEO, Minister may permit 1 226. Documents presumed duly executed 1 227. Application of Financial Management Act 2006 1 Division 2 — The department 228. Department to assist in administration of Act, other than in relation to non-government schools and students attending non-government schools 1 229. Term used: chief executive officer 1 230. Delegation by chief executive officer 1 231. Minister may direct chief executive officer 1 232. Chief executive officer may direct principal 1 233. CEO's Instructions, issue of etc. 1 Division 3 — Staff employed in the department 234. Terms used 1 235. Categories of staff to be employed 1 236. Engaging etc. teaching staff, other officers and wages staff 1 237. Teaching staff, classes of 1 238. Transfer etc. of teacher to another category of employee 1 239. Teaching staff and other officers, substandard performance by and discipline of 1 240. Employee may be ordered to leave school premises 1 Division 4 — Advisory panels 241. Advisory panels, establishing etc. 1 Part 7 — Miscellaneous 242. Disclosure of official information restricted 1 243. Prosecutions and s. 109 recovery action, who may commence; evidentiary matters 1 244. Regulations 1 245. Review of Act 1 246. Repeal, savings and transitional 1 Schedule 1 — Transitional provisions Division 1 — Transitional provisions for the commencement of this Act 1. Terms used 1 2. Interpretation Act 1984 not affected 1 3. Property vested in Minister at 1 Jan 2001 1 4. Delegation in force at 1 Jan 2001 under repealed Act s. 6AA 1 5. Agreement or licence in force at 1 Jan 2001 under repealed Act s. 6A 1 6. Licence in force at 1 Jan 2001 under repealed Act s. 6B 1 7. Staff appointed etc. as at 1 Jan 2001 under repealed Act s. 7(2) 1 8. Inquiry incomplete at 1 Jan 2001 under repealed Act s. 7C 1 9. Enrolment in effect at 1 Jan 2001 1 10. Government school in existence at 1 Jan 2001 under repealed Act s. 9 1 11. Efficient school registered at 1 Jan 2001 under repealed Act s. 32B 1 12. Certain pre‑school centres at 1 Jan 2001 continued as registered schools 1 13. Certain care‑centres and pre‑school centres as at 1 Jan 2001 continued 1 15. Notices etc. in force at 1 Jan 2001 under repealed Act s. 9A 1 16. Approved account as at 1 Jan 2001 under repealed Act s. 9B 1 17. Decision as to home education in force at 1 Jan 2001 under repealed Act s. 14(a) 1 18. Direction in force at 1 Jan 2001 under repealed Act s. 20A 1 19. Student suspended or excluded as at 1 Jan 2001 1 20. School decision‑making group in being at 1 Jan 2001 under repealed Act Part VA 1 21. Parents and Citizens' Association in being at 1 Jan 2001 under repealed Act Part VI 1 22. Repeal of Industrial Relations Act 1979 s. 23B, transitional 1 23. Transitional regulations 1 Division 2 — Transitional provisions for the Education and Care Services National Law (WA) Act 2012 24. Term used: commencement 1 25. Registration extended for a period of time 1 Division 3 — Transitional provisions for the School Education Amendment Act 2014 26. Terms used 1 27. Interpretation Act 1984 not affected 1 28. Pending applications and reviews of certain decisions 1 29. Application for imminent renewal of registration 1 30. Advance determinations under former provisions continue 1 31. Directions in force before commencement 1 32. Transitional regulations 1 Division 4 — Transitional provisions for the School Boarding Facilities Legislation Amendment and Repeal Act 2016 33. Terms used 1 34. Hostels 1 35. Hostel land 1 36. Former Authority abolished 1 37. Staff members of former Authority 1 38. Transfer of assets, liabilities, proceedings, remedies and immunities 1 39. Completion of things commenced 1 40. Continuing effect of things done 1 41. Exemption from State tax 1 42. Agreements, instruments and documents 1 43. Registration of documents 1 44. Saving 1 45. Transitional regulations 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia School Education Act 1999 An Act to make provision — • for education in school or by home education with education, training and employment alternatives at the senior secondary level; and • for the establishment and operation of government schools and for parent and community involvement in school affairs; and • for the registration of non‑government schools and the funding of such schools; and • for the registration of community kindergartens; and • for the establishment and administration of student residential colleges; and • for the use of property that is vested in the Minister; and to repeal the Education Act 1928 and consequentially amend certain other Acts 1, and to make related provisions. [Long title amended: No. 22 of 2005 s. 14; No. 28 of 2014 s. 22; No 41 of 2016 s. 6.] Part 1 — Preliminary What this Part is about This Part provides for some matters that are relevant to the Act generally. In particular it deals with — * the commencement of the Act on a day, or of different provisions on different days, fixed by proclamation (section 2); * the objects of the Act (section 3); * the definition of terms used in the Act (section 4) (but where a definition only applies to a particular Part, Division, Subdivision, Schedule or section, it is placed in that Part, Division, Subdivision, Schedule or section); * the meanings of some terms used in the Act which, because of their length, are better placed in separate sections (sections 5, 6 and 7); * the status of notes in the Act (section 8). 1. Short title This Act may be cited as the School Education Act 1999. 2. Commencement The provisions of this Act come into operation on such day as is, or days as are respectively, fixed by proclamation. 3. Objects of Act (1) The objects of this Act include the following — (a) to recognize the right of every child in the State to receive a school education during the child's compulsory education period; and (b) to allow that education to be given in a government school, a non‑government school or at home; and (c) to provide for government schools that meet the educational needs of all children; and (ca) to provide for education, training and employment alternatives at the senior secondary level; and (d) to acknowledge the importance of the involvement and participation of a child's parents in the child's education; and (e) to provide for student residential colleges that offer residential accommodation for students to attend, and participate in an educational programme of, a school. (2) Any person who has a function under this Act is to seek to ensure that the objects stated in subsection (1) are achieved. [Section 3 amended: No. 22 of 2005 s. 15; No. 41 of 2016 s. 7; No. 14 of 2019 s. 14.] 4. Terms used In this Act, unless the contrary intention appears — apprentice means an apprentice under a training contract registered under the Vocational Education and Training Act 1996 Part 7 Division 2; chief executive officer — (a) in Part 4, has the meaning given by section 151; and (b) otherwise has the meaning given by section 229; child means a person who has not reached the age of 18; child of compulsory school age means a child who under section 9(1) is required to be enrolled in an educational programme and includes a child to whom section 10(2) applies; compulsory education period has the meaning given by section 6; Council, in relation to a government school, means the Council established under section 125 for the school; department— (a) in Part 4, means the department of the Public Service principally assisting the Minister in the administration of that Part; and (b) otherwise has the meaning given by section 228; disability means a condition — (a) which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments; and (b) which is permanent or likely to be permanent; and (c) which may or may not be of a chronic or episodic nature; and (d) which results in — (i) a substantially reduced capacity of a person for communication, social interaction, learning or mobility; and (ii) the need for continuing support services; early education period for a child means the period before the child's pre‑compulsory education period; educational programme means an organized set of learning activities designed to enable a student, or a child enrolled at a community kindergarten, to develop knowledge, understanding, skills and attitudes relevant to the student's or child's individual needs; final years of compulsory education for a child means the final 2 years of the compulsory education period for the child; General Purposes Fund, in relation to a school, means the fund referred to in section 109; government school means a school established under section 55; intake area for a government school means the area defined under section 60(1)(b) for that school; local‑intake school means a school to which a declaration under section 60(1) applies; non‑government school means a school registered under section 160; parent, in relation to a child, means a person who at law has responsibility — (a) for the long‑term care, welfare and development of the child; or (b) for the day to day care, welfare and development of the child, except in sections 9(2), 10(1)(b), 25, 27, 38(1) and Division 6 of Part 2 where it has only the meaning given by paragraph (b); pre‑compulsory education period has the meaning given by section 5; principal — (a) in relation to a non‑government school, means the person who is in charge of the school; and (b) in relation to a government school, has the meaning given by section 62; regulations means regulations under section 244; school means a government school or a non‑government school; school fund means the General Purposes Fund and a fund referred to in section 110; school year, in relation to a government school, means the school year determined by order under section 117; student means a person who is enrolled at a school; student residential college has the meaning given in section 213A; teacher, in relation to a government school, means a member of the teaching staff; teaching staff means persons appointed as such under section 236(2). [Section 4 amended: No. 22 of 2005 s. 5 and 16; No. 44 of 2008 s. 61(2); No. 11 of 2012 s. 37; No. 46 of 2012 s. 4; No. 41 of 2016 s. 8.] 5. Term used: pre‑compulsory education period The pre‑compulsory education period for a child is as follows — (a) until 31 December 2012 — (i) from the beginning of the year in which the child reaches the age of 4 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 5 years and 6 months; (b) from 1 January 2013 — (i) from the beginning of the year in which the child reaches the age of 4 years and 6 months; and (ii) until the end of that year. [Section 5 inserted: No. 46 of 2012 s. 5.] 6. Term used: compulsory education period (1) The compulsory education period for a child is as follows — (a) until 31 December 2012 — (i) from the beginning of the year in which the child reaches the age of 6 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 17; (b) from 1 January 2013 until 31 December 2013 — (i) from the beginning of the year in which the child reaches the age of 5 years and 6 months; and (ii) until the end of the year in which the child reaches the age of 17; (c) from 1 January 2014 — (i) from the beginning of the year in which the child reaches the age of 5 years and 6 months; and (ii) until — (I) the end of the year in which the child reaches the age of 17 years and 6 months; or (II) the child reaches the age of 18, whichever happens first. (2) If a child satisfies the minimum requirements for graduation from secondary school established under the School Curriculum and Standards Authority Act 1997 before the end of the compulsory education period under subsection (1), this Act applies in respect of the child as if the compulsory education period for the child ended when the requirements were satisfied. [Section 6 inserted: No. 46 of 2012 s. 5.] [7. Deleted: No. 22 of 2005 s. 6.] 8. Notes not part of Act Notes in this Act are provided to assist understanding and do not form part of the Act. Part 2 — Education of children during compulsory education period [Heading inserted: No. 41 of 2016 s. 9.] What this Part is about This Part deals with — * the compulsory enrolment of all children in an educational programme (Division 1); * procedures for the enrolment of children at a government or non‑government school (Division 2); * attendance requirements for students enrolled at a government or a non‑government school (Division 3); * the absence of students from government schools for a religious or cultural observance (Division 4); * absenteeism in relation to both government and non‑government schools (Division 5); * the provision of education by parents to their children in the home (Division 6). Division 1 — Compulsory education with alternatives in final years of compulsory education [Heading inserted: No. 46 of 2012 s. 6.] Subdivision 1 — Enrolment of children of compulsory school age 9. When enrolment compulsory (1) A child is to be enrolled in an educational programme for each year of the compulsory education period for that child. (1a) Subsection (1) has effect subject to sections 11F(2) and 11H(5) and (6). Note for this subsection: The effect of the provisions mentioned in subsection (1a) is that if a child in either of the final years of compulsory education is, in accordance with Subdivision 1A, participating in an option or in options under that Subdivision and the required notice has been given and remains in force, the child does not have to be enrolled or to be provided with home education under section 9. (2) A parent of a child must ensure that subsection (1) is complied with. Penalty: a fine of $2 500. (3) A prosecution for an offence against subsection (2) is not to be commenced against a parent unless the chief executive officer has given a certificate to the effect that reasonably practicable steps have been taken to secure compliance with subsection (1) by the parent. (4) Where in any proceedings a document is produced purporting to be a certificate given under subsection (3) the court is to presume, unless the contrary is shown, that the document is such a certificate. [Section 9 amended: No. 84 of 2004 s. 80; No. 22 of 2005 s. 18; No. 28 of 2014 s. 23 and 35.] 10. Ways in which s. 9 satisfied (1) The duty imposed by section 9 is satisfied in respect of a child by — (a) the enrolment of the child at a school; or (b) the registration under section 48 of a parent as the child's home educator and the continuation in effect of that registration. (2) The reference to enrolment in subsection (1)(a) includes enrolment of a child in either of the final years of compulsory education for part‑time studies if the extent of those studies when taken with an option or options under section 11B will meet the requirements of section 11C and regulations made for the purposes of that section. [Section 10 amended: No. 22 of 2005 s. 19; No. 46 of 2012 s. 7.] 11AA. Proof of enrolment to be provided (1) If the chief executive officer is of the opinion that section 9(1) is not being complied with in respect of a child to whom it applies, then the chief executive officer, by notice in writing to a parent of the child, may request the parent to provide — (a) proof that the child is enrolled in a school for the current year; or (b) proof that a parent of the child is currently registered under section 48 as the child's home educator. (2) A parent to whom notice is given under subsection (1) must provide the chief executive officer with the proof requested — (a) in writing; and (b) within the time specified in the notice. Penalty: a fine of $2 500. [Section 11AA inserted: No. 28 of 2014 s. 24.] 11. Exemption from s. 9(1), Minister may grant etc. (1) The Minister may by instrument — (a) exempt a child from section 9(1) if the Minister is satisfied that it is in the best interests of the child to do so; and (b) at any time revoke an exemption. (2) Section 9(1) does not apply to a child who is exempted by the Minister under subsection (1) if the conditions of the exemption are being complied with. (3) An exemption may be limited in its operation to a specified period. (4) The Minister may — (a) make the exemption subject to any condition; and (b) impose any further condition or vary or revoke a condition at any time. (5) Without limiting the Minister's ability to obtain advice or information, he or she may obtain advice from an advisory panel under section 241 for the purposes of any decision required to be made under this section. (6) In the case of children enrolled at non‑government schools, the Minister may by instrument delegate the powers conferred on him or her by this section to the chief executive officer referred to in section 151. Subdivision 1A — Alternatives to the operation of section 9 in final years of compulsory education [Heading inserted: No. 46 of 2012 s. 8.] 11A. Terms used (1) In this Subdivision — course includes a programme or activity; parent, in relation to a child, means — (a) a person who at law has responsibility for the long‑term care, welfare and development of the child; or (b) a person who at law has responsibility for the day‑to‑day care, welfare and development of the child; or (c) if, in the opinion of the Minister, there is no person to whom paragraph (a) or (b) applies who is reasonably available at the relevant time, an adult person who is responsible for the child; participate has the meaning provided for by section 11J and regulations made for the purposes of that section; provider has the meaning given to that term in subsection (2). (2) In this Subdivision — provider, in relation to a person who comes within a description in the first column of the Table to this definition, means a person or body specified in the second column of the Table opposite that description. Table 1. A student undertaking a course of study at a university. The university. 2. A student undertaking a higher education course registered under section 23 of the Higher Education Act 2004. The education institution that provides the course. 3. A student undertaking an approved VET course within the meaning given to that term by the Vocational Education and Training Act 1996 section 5(1). The registered training provider (within the meaning given to that term by that Act section 5(1)), or a person referred to in section 58A(2) of that Act, who provides the course. 4. An apprentice. The employer. 5. A student undertaking a course prescribed by order made under section 11B(2). The provider specified in the order in respect of the course. [Section 11A inserted: No. 22 of 2005 s. 20; amended: No. 44 of 2008 s. 61(3).] 11B. Options other than school etc. in final 2 years (1) In the final years of compulsory education a child may, despite section 9(1), participate in one or more of the following options — (a) undertaking — (i) a course of study provided by a university established under a written law or under a law of another State, or of a Territory, of the Commonwealth; or (ii) a higher education course registered under section 23 of the Higher Education Act 2004; or (b) undertaking an approved VET course within the meaning given to that term by the Vocational Education and Training Act 1996 section 5(1); or (c) being an apprentice; or (d) being employed under a contract of employment otherwise than in a capacity mentioned in paragraph (c), but subject to approval being in force under section 11G; or (e) undertaking a course prescribed under subsection (2). (2) The Minister may, by order published in the Gazette, prescribe — (a) a course; or (b) a class or description of courses, that does not otherwise come within subsection (1), to be an option for the purposes of that subsection. (3) An order under subsection (2) is to specify for a course the person or body that is the provider of the course. (4) An order under subsection (2) is subsidiary legislation for the purposes of the Interpretation Act 1984. [Section 11B inserted: No. 22 of 2005 s. 20; amended: No. 44 of 2008 s. 61(4); No. 46 of 2012 s. 9.] 11C. Participation s. 11B option to be full‑time (1) Participation in an option, or a combination of options, provided for by section 11B(1) must be on a full‑time basis. (2) The regulations may make provision for — (a) circumstances and arrangements that are to be taken to comply with the requirements of subsection (1); and (b) rules or criteria that are to be taken into account in determining whether arrangements and circumstances so comply. (3) Enrolment of a child as mentioned in section 10(2) is to be treated for the purposes of this section as if it were an option provided for by section 11B(1). [Section 11C inserted: No. 22 of 2005 s. 20.] 11D. Arrangements under s. 11B, parent to notify Minister of etc. (1) Where a child — (a) is enrolled in a course or a combination of courses; or (b) becomes an apprentice as mentioned in section 11B(1), a parent of the child must give notice to the Minister as soon as is practicable after the arrangements are made. (2) A notice must include particulars of the arrangements made for the child. (3) A parent of a child may, by further notice given to the Minister, cancel a notice given under subsection (1). (4) Except as may be provided by the regulations, notice must be given to the Minister by a parent of the child concerned of — (a) any variation of the arrangements notified under subsection (1); or (b) if the arrangements relate to, or will as varied relate to, a combination of courses, any variation proposed to be made. (5) If a child in respect of whom a notice has been given under this section ceases to be enrolled in a course or to be an apprentice as mentioned in section 11B(1), a parent of the child must give notice to the Minister of the cessation as soon as is practicable after it occurs. (6) A notice under a provision of this section must be in a form approved by the Minister for the purposes of that provision. (7) Subject to section 11E, a notice under this section comes into force when it is given to the Minister. [Section 11D inserted: No. 22 of 2005 s. 20; amended: No. 44 of 2008 s. 61(5) and (6).] 11E. Child enrolled under s. 11B in combination of courses, application of s. 11D to (1) This section applies to a notice under section 11D(1) relating to the enrolment of a child in a combination of courses. (2) Such a notice must also include particulars of any enrolment of the child for part‑time studies at a school. (3) A notice to which this section applies does not come into force unless the Minister gives the parent concerned a formal written acknowledgment of the choice of courses to which the notice relates. (4) Except as may be provided by the regulations, a proposed variation notified by a parent under section 11D(4)(b) is of no effect for the purposes of this Subdivision unless the Minister gives the parent a formal written acknowledgment of the proposal. (5) The Minister is to give a formal written acknowledgment under subsection (3) or (4) if the Minister is satisfied that participation by the child concerned — (a) in the combination of courses; or (b) in the combination of courses as varied, meets the requirements of section 11C and regulations made for the purposes of that section. (6) In making a decision under subsection (5) the Minister is to take into account, where applicable — (a) any enrolment of the child for part‑time studies at a school; and (b) any part‑time employment approved under section 11G. (7) The Minister may require the parent to give further information or documents to enable the Minister to make a decision under subsection (5). (8) A notice to which this section applies comes into force when the Minister gives a formal written acknowledgment in respect of the notice. [Section 11E inserted: No. 22 of 2005 s. 20.] 11F. Notice under s. 11D or 11E, duration and effect of (1) A notice that comes into force under section 11D or 11E remains in force until — (a) the child concerned ceases to participate, as required by section 11I, in the option or any of the options notified, including any variation that has taken effect and any option taken into account under section 11E(6); or (b) the notice is cancelled; or (c) the end of the compulsory education period of the child, whichever happens first. (2) While a notice is in force, section 9(1) does not apply to the child concerned. [Section 11F inserted: No. 22 of 2005 s. 20.] 11G. Employment for s. 11B(1)(d), Minister's approval of required etc. (1) A child is not to be employed as mentioned in section 11B(1)(d), whether or not the employment is in combination with any other option, unless the approval of the Minister has been obtained under this section and remains in force. (2) On application made by a parent of a child in a form approved by the Minister, the Minister may, by notice in writing to the applicant, give approval to the child being employed by a specified employer. (3) If application is made for the approval of part‑time employment, the Minister is to give approval only if the Minister is satisfied that the employment and participation in another option or other options chosen will meet the requirements of section 11C and regulations made for the purposes of that section. (4) In making a decision under subsection (3) the Minister is to also take into account any enrolment of the child for part‑time studies at a school. (5) The Minister may — (a) make an approval subject to any condition; and (b) at any time by notice to a parent of the child concerned impose any further condition or vary or revoke a condition. (6) The Minister may at any time by notice to a parent of the child concerned vary or revoke an approval. (7) The Minister may exercise a power under subsection (5)(b) or (6) on application by a parent or on the Minister's own initiative. [Section 11G inserted: No. 22 of 2005 s. 20.] 11H. Child employed with s. 11G approval, parent to notify Minister of etc. (1) Where a child is employed in accordance with an approval under section 11G, a parent of the child must give notice to the Minister as soon as is practicable after the employment starts. (2) If a child in respect of whom notice has been given under subsection (1) ceases to be employed in accordance with an approval under section 11G, a parent of the child must give notice to the Minister of the cessation as soon as is practicable after it occurs. (3) A notice under subsection (1) or (2) must be in a form approved by the Minister for the purposes of that subsection. (4) A notice duly given under subsection (1) remains in force until — (a) the child concerned ceases to be employed in accordance with the relevant approval; or (b) the relevant approval is revoked under section 11G(6); or (c) the end of the compulsory education period of the child, whichever happens first. (5) Where the employment to which a notice under subsection (1) relates is full‑time employment, section 9(1) does not apply to the child concerned while the notice is in force. (6) Where the employment to which a notice under subsection (1) relates is part‑time employment, section 9(1) does not apply to the child concerned so long as — (a) that notice is in force; and (b) there is also in force a notice under section 11D relating to the other option or options mentioned in section 11G(3); and (c) the child is participating in any part‑time studies at a school that were taken into account as mentioned in section 11G(4). [Section 11H inserted: No. 22 of 2005 s. 20.] 11I. Child to participate in options notified under s. 11D, 11E or 11H (1) Where a notice has been given under section 11D that a child has been enrolled in a course referred to in section 11B(1)(a), (b) or (e), the child is required to participate in the course. (2) Where a notice has been given under section 11D or 11H that a child has become an apprentice or is employed, the child is required to — (a) participate in the apprenticeship; or (b) unless the Minister's approval is revoked under section 11G(6), participate in the employment. (3) Where a notice to which section 11E applies has come into force in accordance with that section, the child concerned is required to participate in each of the courses to which the notice relates. (4) This section does not apply to a child after the compulsory education period for the child has ended. (5) Subsections (1), (2) and (3) apply subject to — (a) any variation that has taken effect; and (b) a notice of cancellation given by a parent. Note for this section: If a child stops participating in any of the arrangements made under this Subdivision or in part‑time studies at a school, the notice of those arrangements ceases to be in force by operation of section 11F(1) or 11H(4); and, if that happens, section 9(1a) no longer applies and the child has to be enrolled at a school as a full‑time student or provided with home education. [Section 11I inserted: No. 22 of 2005 s. 20; amended: No. 44 of 2008 s. 61(7).] 11J. Participation by child, what constitutes (1) A child is taken to be participating in a course for the purposes of this Subdivision if the child — (a) is enrolled in the course with the relevant provider; and (b) is complying with — (i) the provider's requirements about physically attending, at particular times, the provider's premises or another place for the purposes of each such course; or (ii) in the case of a course of distance education, the provider's requirements about completing and returning the assigned work for the course; or (iii) in the case of any other external course, the provider's requirements about communicating with or contacting the provider for the purpose of participating in the course. (2) For the purposes of this Subdivision, the fact of a child — (a) being an apprentice; or (b) being employed in accordance with an approval under section 11G, is taken to be participation in the option mentioned in section 11B(1)(c)(i) or (ii) or (d), as the case may be. (3) Participation is taken to continue, for the purposes of this Subdivision, during any absence allowed under the requirements, terms and conditions of the course, apprenticeship or employment concerned. (4) Participation in a course, apprenticeship or employment is taken to continue, for the purposes of this Subdivision, during any period — (a) when a child is subject to suspension or exclusion; or (b) after a child has been dismissed by an employer, but, where the child has been excluded or dismissed, this subsection only applies during the period reasonably required for the child to comply with section 9 or participate, as required by section 11C and regulations made for the purposes of that section, in another option or other options provided for by section 11B. (5) The regulations may make provision, not inconsistent with this section, for acts, matters and circumstances — (a) that are to be taken to constitute participation for the purposes of this Subdivision; or (b) that are to be taken not to interrupt such participation. [Section 11J inserted: No. 22 of 2005 s. 20; amended: No. 44 of 2008 s. 61(8)-(10).] 11K. Notice etc. by parent under s. 11D, 11G and 11H, Minister's functions as to (1) Where a parent — (a) gives notice to the Minister under section 11D or 11H; or (b) makes an application under section 11G, in respect of a child, the Minister need not inquire — (c) whether there is any other person who in relation to the child is within the definition of parent in section 11A(1); or (d) if there is such a person, whether he or she concurs with the giving of the notice or the making of the application or the information included in the notice or application. (2) The Minister may give to a parent a formal acknowledgment under section 11E or a notice under section 11G in respect of a child without being concerned — (a) to inquire whether there is any other person who in relation to the child may be within the definition of parent in section 11A(1); or (b) to give notice to another person whom he or she knows to be within that definition. (3) The Minister may — (a) require a person who gives a notice or makes an application referred to in subsection (1) to provide the Minister with evidence or information to satisfy the Minister that the person comes within the definition of parent in section 11A(1); and (b) decline to deal with the notice or application unless the Minister is so satisfied. (4) Nothing in this section affects the operation and enforcement of a Family Court order. [Section 11K inserted: No. 22 of 2005 s. 20.] 11L. Independent child, designating child to be (1) The Minister may designate a child to be an independent child for the purposes of this Subdivision if the Minister is satisfied that the child has the capacity to make his or her own decisions in relation to the provisions referred to in subsection (3). (2) The Minister is not to designate a child under subsection (1) — (a) without having taken into account — (i) the existence or absence of a relationship between the child and a parent of the child; and (ii) the nature of the relationship, if any; and (b) unless the Minister is satisfied that no working relationship exists between the child and a parent of the child. (3) An independent child may, in relation to the child — (a) give or cancel a notice under section 11D(1) or (3); or (b) give notice of a variation or proposed variation under section 11D(4); or (c) give notice of cessation under section 11D(5); or (d) make an application under section 11G(2); or (e) give notice of employment or cessation of employment under section 11H, and the notice or application has effect as if it had been given or made by a parent of the child. (4) If an independent child has made an application under section 11G(2) references in section 11G(5) and (6) to a parent are, subject to subsection (5), to be read as references to the child. (5) A decision to designate a child as an independent child may be reviewed or revoked by the Minister at any time. (6) This section does not apply to a child — (a) who, before the commencement day, is a ward for the purposes of the Child Welfare Act 1947 2, whether or not the child is under the guardianship of the Director‑General as defined in that Act; or (b) for whom, after the commencement day, the CEO as defined in section 3 of the Children and Community Services Act 2004 has parental responsibility under that Act. (7) In subsection (6) — commencement day means the day on which section 250 of the Act mentioned in subsection (6)(b) comes into operation. [Section 11L inserted: No. 22 of 2005 s. 20.] 11M. Minister's functions as to this Subdivision (1) The functions of the Minister include — (a) monitoring, and carrying out planning in relation to, the operation and effectiveness of this Subdivision; and (b) developing strategies to better provide for the education and training of children in the final years of compulsory education. (2) The functions of the Minister also include — (a) identifying those children in either of the final years of compulsory education who are not engaged full‑time in education, training or employment as provided by this Act; and (b) giving such children information about school education and the options that are available under section 11B(1); and (c) encouraging and helping parents to assist in the carrying out of the functions mentioned in paragraphs (a) and (b). (3) The Minister is to from time to time consult with, and take into account the views of — (a) the Executive Director Catholic Education in Western Australia; and (b) the Association of Independent Schools of Western Australia (Inc.), on the carrying out of the functions mentioned in subsection (1) in relation to children who are enrolled at schools registered under section 160. [Section 11M inserted: No. 22 of 2005 s. 20; amended: No. 46 of 2012 s. 10; No. 28 of 2014 s. 25.] 11N. Regulations for this Subdivision The regulations may make provision for matters that are incidental or supplementary to those provided for by, or are expedient for the operation of, this Subdivision. [Section 11N inserted: No. 22 of 2005 s. 20.] Subdivision 2 — Inquiries to check compliance with sections 9 and 11I [Heading amended: No. 22 of 2005 s. 22.] 12. Authorised persons, authorisation of The Minister may authorise any person (an authorised person) who comes within a class of employees referred to in section 235(1) who has the required expertise to perform this role to exercise the powers conferred by this Subdivision. 13. Authorised person, powers of (1) An authorised person may — (a) call at any premises used as a dwelling; and (b) having produced the certificate provided to the authorised person under section 14, require any person on the premises appearing to be over the age of 18 to answer any relevant question, whether orally or in writing. (2) A question is relevant only if it is reasonably connected with finding out whether there is living at the premises — (a) any child of compulsory school age who is not enrolled in an educational programme; or (b) any child in respect of whom notice has been given under section 11D or 11H and who is not complying with section 11I, as the case may be. (3) A person to whom a requirement under subsection (1)(b) is directed must not — (a) fail to comply with the requirement; or (b) in purported compliance give any information that is false or misleading. Penalty: a fine of $500. [Section 13 amended: No. 22 of 2005 s. 23; No. 28 of 2014 s. 35.] 14. Authorised person, certificate of authorisation for (1) The Minister is to provide to an authorised person a certificate stating that he or she is an authorised person for the purposes of this Subdivision. (2) A certificate purporting to have been issued under this section is evidence in any proceedings that the person concerned is an authorised person. 15. Pretending to be authorised person, offence A person who is not authorised under section 12 must not pretend to be an authorised person. Penalty: a fine of $5 000. [Section 15 amended: No. 50 of 2003 s. 94(2); No. 28 of 2014 s. 35.] Division 2 — Enrolment, all schools 16. Information required when applying to enrol (1A) In this section — immunisation status has the meaning given in the Public Health Act 2016 section 141A. (1) A person who wishes to make an application for enrolment at a school is to provide the following information to the extent that he or she is asked to do so — (a) the date of birth of the enrollee; and (b) the names and usual place of residence of — (i) the enrollee; (ii) where the enrollee is a child — (I) the parents; and (II) any adult person, not being a parent, who is responsible for the child; and (c) where the enrollee is a child, details of any provision in force at law — (i) for the long‑term care, welfare and development of the child; or (ii) for the day to day care, welfare and development of the child; and (d) where applicable, the name of the school at which the enrollee is enrolled or was last enrolled; and (e) the country of citizenship of the enrollee and, where applicable, whether the enrollee has the right to reside in Australia; and [(f) deleted] (g) details of any condition of the enrollee that may call for special steps to be taken for the benefit or protection of the enrollee or other persons in the school; and (h) any other information prescribed by the regulations. (2) The principal may require documentary evidence to be provided in support of any information supplied by the applicant under subsection (1). (3) A person who wishes to make an application for enrolment of a child at a school is to provide the immunisation status of the enrollee in accordance with the Public Health Act 2016 section 141B. [Section 16 amended: No. 14 of 2019 s. 15.] 17. Change of s. 16 particulars, principal to be notified of (1) Where there is a change in — (a) the place of residence of an enrollee; or (b) the particulars referred to in section 16(1)(b), (c) or (g) or section 16(3) in respect of the enrollee, notice of the change is to be given to the principal of the school at which the enrollee is enrolled — (c) by a parent of the enrollee; or (d) in the case of an enrollee who has turned 18 or who is a prescribed child, by the enrollee; or (e) by a person whose details have been provided under section 16(1)(b)(ii)(II). (2) A notification to a principal under subsection (1) may be given in any way that is determined by the principal to be acceptable, either generally or in a particular case. [Section 17 amended: No. 1 of 2011 s. 8; No. 14 of 2019 s. 16.] 18. Child enrolment application by one parent, principal may act on (1) Where a parent lodges a duly completed application for enrolment with a principal, the principal need not inquire — (a) whether there is any other person who in relation to the child is within the definition of parent in section 4; or (b) if there is such a person, whether he or she concurs with the lodging of the application or the information included in it. (2) Nothing in this section affects the operation and enforcement of a Family Court order. 19. Enrolment register, principal's duties as to A principal of a school must ensure that — (a) a register is kept showing, in respect of all students enrolled at the school, the information prescribed by the regulations; and (b) particulars recorded in the register are retained for the period prescribed by the regulations. 20. Cancelling enrolment, principal's powers as to (1) The principal of a school may cancel the enrolment of an enrollee at the school if the principal is satisfied that — (a) the enrolment was obtained by the giving of false or misleading information; or (b) section 17 has not been complied with. (2) A principal is not to cancel an enrolment under subsection (1) without first — (a) giving notice of the proposed cancellation, and of the reasons for it — (i) to each parent who is shown on the register referred to in section 19 and whose whereabouts are known or can be discovered by reasonable inquiry; or (ii) in the case of an enrollee who has turned 18 or who is a prescribed child, to the enrollee; or (iii) to a person whose details have been provided under section 16(1)(b)(ii)(II); and (b) giving him or her a reasonable opportunity to show why the enrolment should not be cancelled. (3) Subject to subsection (2), the principal is to give written notice of the cancellation to the person notified under subsection (2)(a). (4) The cancellation takes effect at such time as is specified in the notice given under subsection (3). 21. Removing child from school register, when allowed (1) A principal of a school is not to remove from the register for the school the name of a child of compulsory school age unless — (a) the principal believes on reasonable grounds that the child has enrolled in another school in this State or elsewhere; or (b) the principal believes on reasonable grounds that the child is no longer resident in this State; or (c) an exemption is granted under section 11 in respect of the child; or (d) a parent of the child is registered under section 48 as the child's home educator; or (e) the enrolment is cancelled under section 20 or 83; or (f) the Minister has authorised the removal on the ground that inquiries to establish the whereabouts of the child have not been successful. (2) In the case of children enrolled at non-government schools, the Minister may by instrument delegate the power of authorisation conferred by subsection (1)(f) to the chief executive officer referred to in section 151. (3) A person who exercises a power of authorisation conferred by subsection (1)(f) in relation to a particular child is to take reasonably practicable steps to establish the child's whereabouts in each year of the child's compulsory education period. Division 3 — Attendance, all schools 22. Term used: school In sections 25, 27 and 29 — school includes any place to which an arrangement under section 24 applies. 23. Attendance requirements (1) A student must, for every year of the student's compulsory education period, on the days on which the school is open for instruction — (a) either — (i) attend the school at which the student is enrolled; or (ii) otherwise participate in an educational programme of the school whether at the school or elsewhere, as required by the principal; or (b) comply with an arrangement under section 24. (1a) A student who is enrolled as mentioned in section 10(2) may attend or participate for the purposes of subsection (1) or section 24 on a part‑time basis, and the principal is to facilitate the student doing so. (2) Subsection (1) has effect subject to — (a) section 25 (which relates to non‑attendance for reasonable cause); and (b) section 27 (which relates to non‑attendance for public health reasons); and (c) section 30 (which allows non‑attendance at a government school for a recognized religious or cultural observance). (3) Subsection (1) is enforceable under Division 5. [Section 23 amended: No. 22 of 2005 s. 24; No. 14 of 2019 s. 17.] 24. Attendance at place outside school, arrangement for etc. (1) An arrangement in writing may be entered into for a student — (a) to attend at some place other than the school at which he or she is enrolled; and (b) there to participate in activities that are part of an educational programme of the school. (2) An arrangement under subsection (1) in respect of a student is to be entered into between the principal and — (a) any parent of the student who in the opinion of the principal should be a party to the arrangement; or (b) in the case of a student who has turned 18 or who is a prescribed child, the student. (3) An arrangement under subsection (1) — (a) may provide for the student's attendance — (i) for a particular period of the school year; or (ii) during a particular period in each week of the school year or part of the school year; and (b) may be varied by the principal after consultation with the person with whom the arrangement is made; and (c) may be terminated at any time by the principal. (4) If the principal decides to terminate an arrangement under