s.12Duty to secure attendance at school
12
Section 12Part 4 — SCHOOL ATTENDANCE, ADMISSIONS AND ACCESS TO EDUCATION

Duty to secure attendance at school

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Subject to subsection (3), a parent or legal guardian of any child of compulsory school age shall ensure that the child receives full-time education suitable to the child's requirements either by attendance at school, from the first day of the school calendar, or otherwise as provided in section 16.
A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of two thousand dollars.
It is a defence to any charge under this section of the failure of a student to attend school on any day on which the school is open if —
the absence is caused by illness or other unavoidable cause making the student's attendance at school not reasonably practicable;
the day is recognised as a religious holiday by the religious denomination to which the student belongs;
the student is excluded from school and the exclusion is still in effect; or
the student has been expelled and has not been given permission to enrol in another school.
The Director of the Department of Education Services shall take all reasonable steps to ensure that the permission referred to in subsection (3)(d) is granted expeditiously.
If a child of compulsory school age is not receiving education, the Director of the Department of Education Services shall —
send to the parent or legal guardian of the child written notification of the provisions of this section, unless the child is excused from attending a school; and
determine whether an application for an education supervision order should be made under the Children Act (2012 Revision) with respect to the child.
If a child of compulsory school age is withdrawn from a school at which the child is enrolled, the school leader of the school shall immediately report the same to the Director of the Department of Education Services.
The Cabinet may make regulations governing attendance at, and admissions and access to, Government schools.

Cross References