South Australian Consolidated Acts

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EDUCATION ACT 1972 - SECT 75

75—Compulsory enrolment of children

        (1)         Subject to this Part, a child of compulsory school age must be enrolled at a primary school or secondary school (according to the educational attainments of the child).

        (2)         Subject to this Part, a child of compulsory education age must be enrolled in an approved learning program, or in a combination of approved learning programs, so as to constitute full-time participation in approved learning programs under this Act.

        (2a)         Nothing in this section requires a child who—

            (a)         is 16 or more years of age; and

            (b)         has achieved a qualification under an approved learning program,

to be enrolled in a school or in an approved learning program under this section.

        (3)         Where in the opinion of the Director-General it is in the best interests of a child that he be enrolled at a special school, the Director-General may direct that the child be enrolled at a special school nominated in the direction and, where such direction has been given, the child must be enrolled at that special school.

        (4)         A child is enrolled at a school in accordance with this section if he is entitled, in accordance with the regulations, to be enrolled at a Correspondence School and is so enrolled.

        (5)         If a child of compulsory school age is not enrolled as required by this section, each parent of the child is guilty of an offence.

Maximum penalty: $500.

        (6)         The obligation of a parent under this section is discharged where the parent has supplied the head teacher of the school with—

            (a)         the name and date of birth of the child; and

            (b)         the place of residence of the child; and

            (c)         any other information required by the regulations.

        (7)         The Governor may, by regulation—

            (a)         prescribe rules or criteria that will be applied for the purposes of determining at which school a child must be enrolled under subsection (1) or (2) (subject to the operation of subsections (3) and (4) of this section and section 75A and unless the child is enrolled at a non-Government school);

            (b)         prescribe rules or criteria that will be applied for the purposes of determining what constitutes full-time participation in approved learning programs for the purposes of subsection (2);

            (c)         prescribe rules or criteria that will be applied for the purposes of determining whether a qualification has been achieved for the purposes of subsection (2a)(b).

        (8)         A regulation under subsection (7) may confer discretionary powers on the Minister.



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