4. In enacting this Act, Parliament has had regard to the following principles:

(a) every child had 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. The principal objects of this Act are as follows:

(d) to allow children to be educated at home;

7. 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. (1) The curriculum for primary school children during Kindergarten to year 6 should meet the

following requirements

(a) courses of study in each of the 6 Key learning Area 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 levels of achievements and needs

(e) courses of study in a key learning area are to be provided in accordance with any relevant

guidelines developed by the Board and approved by the Minister.

(f) courses of study in a key learning area may (but need not be taught in accordance with a

syllabus developed or endorsed by the Board and approved by the Minister.

(2) The requirements of this section constitute the minimum curriculum for schools

providing primary education.

9. For the purposes of this Act, each of the following is a key learning area for primary education:

- 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. (1) The curriculum for secondary school children during Year 7 to Year 10 (other than for

candidates for the School Certificate) 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 area 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 Board and approved by the Minister.

(e) courses of study in a key learning area may (but need not) be taught in accordance with a

syllabus developed or endorsed by the Board 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

School Certificate.

11. (1)The curriculum during Year 7 to Year 10 for students who are candidates for the School Certificate 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 Board and approved by the Minister.

13. The general description of the courses of study 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 Board.

14.(1) The Board 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 Board and may give a general

approval for syllabuses endorsed by the Board.

(3) Any syllabus developed or endorsed by the Board 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 level 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 Board 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.

47. For the purposes of this Act, the requirements for the registration of a school are as follows:

(a) compliance with requirements set out in Part 3 relating to :

(i) in the case of a school providing primary education- the minimum curriculum for a school

providing primary education; or

(ii) in the case of a school providing secondary education for children during Year 7 to Year 10-

the minimum curriculum for a school providing any such secondary education; or

(b) teaching staff with the necessary experience or qualifications (or who are regualarly supervised by teaching staff with the necessary experience or qualifications) for the school;

(c) educational facilities that are adequate for the courses of study provided at the school;

(d) the provision of courses of study that are appropriate for the students at the school;

(e) school premises and buildings that are satisfactory.

22. It is the duty of the parent of a child of or above the age of 6 and below the age of 15 to cause the

child:

(a) to be enrolled at a government school or registered non-government school and to attend the

school at all times when the school is open for the child's instruction or participation in school

activities; or

(b) to be registered for home schooling under Division 6 of Part 7 and to receive instruction in

accordance with the conditions to which the registration is subject.

23(1) The parent of a child of or above the age of 6 and below the age of 15 is guilty of and offence if

the parent:

(a) fails to cause the child to be enrolled at a government school or registered non-government

school or to be registered for home schooling; or

(b) fails to cause the child to attend any such school at all times when the school is open for the

child's instruction or participation in school activities or to receive instruction in accordance with

the conditions to which the child's registration for home schooling is subject.

Maximum penalty: 10 penalty units (n.b. 1 unit = $103.00 AUD. 1998)

(2) It is a defence to a prosecution under this section if:

(c) a certificate of exemption is in force under section 25 in respect of the child and any conditions

to which the certificate is subject are complied with;

(3) It is also a defence to a prosecution under this section if:

(a) the child is enrolled at a correspondence school or other similar institution that is conducted by a

government or other authority (whether or not of New South Wales) approved by the Minister

and satisfies the requirements (if any) prescribed with respect to performance of school work; or

(b) the child was prevented from attending school or receiving instruction by:

(i) sickness, risk of infection or temporary or permanent incapacity; or

(ii) some accident or unforeseen event,

25.(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.

(3) A certificate of exemption under this section may be cancelled by the Minister.

Definitions of "authorised person" and "home schooling"

70. In this Division:

"authorised person" means a Board inspector, or any other person, authorised in writing by the Minister to exercise the functions of an authorised person for the purposes of the provision in this Division in which the expression occurs;

"home schooling" means schooling in the child's home;

"parent" includes a guardian or other person having the custody or care of a child;

71. (1 ) A parent of a child may apply in writing to the Minister for registration of the child for home

schooling.

(2) As soon as practicable after such an application is made the Minister is to obtain advice on the

application from an authorised person.

(3) The authorised person is to notify the applicant in writing of a recommendation to the Minister

that the application be refused.

72. (1) As soon as practicable after receiving !he recommendation of an authorised person about an

application for registration of a child for home schooling, the Minister:

(a) is to register the child in a Register kept by the Minister for the purpose; or

(b) is to refuse to register the child.

(2) The Minister is to register the child if the Minister, having regard to:

(a) the recommendation of the authorised person about the application; and

(b) any decision of the Schools Appeals Tribunal on an appeal against the authorised person's

recommendation;

is satisfied that the conditions subject to which Registration is required to be given will be complied with.

(3) The Minister may register more than one child of any one parent for home schooling.

(4) If the authorised person recommends that the Minister refuse to register a child for home

schooling, the Minister may not do so unless:

(a) 30 days have elapsed since the applicant was given written notice of the authorised person's

recommendation and no appeal has been made to the Schools Appeals tribunal against the

recommendation within those 30 days; or

(b) the Schools Appeals Tribunal has decided an appeal (made within those 30 days) against the

recommendation and the Minister has considered any contrary recommendations of the

Tribunal and the reasons for it; or

(c) any such appeal against the recommendation has been withdrawn.

(5) The Minister is to notify the applicant in writing of the Minister's decision to refuse to register

the child for home schooling.

(6) On registration of a child for home schooling, a certificate of registration is to be issued for the

child to the applicant for registration.

73. (I) The registration of a child for home schooling is subject to the conditions specified in the

certificate of registration.

(2) The conditions so specified:

(a) must comply with the requirements of the regulations; and

(b) subject to any such regulations, must provide for the child to receive instruction that meets

the relevant requirements of Part 3 relating to the minimum curriculum for schools.

(3) Registration of a child for home schooling is to be limited in its operation to a period (not

exceeding 2 years) specified in the certificate of registration.

74. (1)The Minister may, on the recommendation of an authorised person. cancel the registration of a

child for home schooling by notice in writing to a parent of the child, if the parent:

(a) has failed to ensure that the child receives instruction in accordance with the conditions to

which the registration is subject; or

(b) has refused or failed to allow an authorised person (in accordance with those conditions) to

enter, at any reasonable time, the premises where the child receives schooling or to inspect

those premises or records required to be kept for the purposes of this Act: or

(c) has breached any other condition to which the certificate of registration is subject.

(2) The Minister may not cancel the registration of a child for home schooling under

subsection (1) (a) if:

(a) the child was prevented from receiving instruction by sickness, permanent or temporary

incapacity or some accident or unforeseen event; or

(b)the child has not received instruction for only 3 school days or less in any period of 3

months during which the child has been registered for home schooling; or

(c) any failure to ensure that the child received instruction was a result of the child's

disobedience and was not due to the default of the parent.

(3) The Minister may not cancel the registration of a child for home schooling written unless

notice of the authorised person's recommendation to the Minister has been given to a parent

of the child and

(a) 30 days have elapsed since the giving of that notice during which time no appeal has been

made to the Schools Appeals Tribunal against the recommendation; or

(b) the Schools Appeals Tribunal has decided an appeal (made within those30 days) against

the recommendation and the Minister has considered any contrary recommendation of the

Tribunal and the reasons for it; or

(c) any such appeal against the recommendation has been withdrawn.

75. A person who:

(c) being a parent of a child, wishes the child to receive home schooling, may give the Minister

written notice that the person conscientiously objects on religious us grounds to registration

under the Act.

76. (1) The Minister, on receipt of a notice of conscientious objection to registration, is to refer the

matter

(b) if the objection is to registration of a child for home schooling to an authorised person

[within the meaning of Div. 6).

(2) As soon as practicable (but no later than 6 months) after an objection is referred to the Board or

an authorised person for advice, the Board or authorised person is to give the Minister a written

report about the matter, including a recommendation as to whether or not the Minister should

accept the objection.

92.(1) In deciding whether the requirements of this Act relating to the courses of study for the recognised certificate concerned will be complied with (or are being complied with) at a non-government school, the Board or the Minister is to have regard to such matters as:

(a) the record (if any) of achievement by students at the school in the courses; and

(b) the standard of teaching of the courses at the school; and

(c) the facilities provided or to be provided at the school for the courses.

(2) While the Board or the Minister may have regard to such other matters as the Board or the Minister thinks fit (including the number of hours allocated at the school for the courses of study concerned), the matters referred to in subsection (1) (a), (b) and (c) are the principal matters to which each is to have regard in deciding whether the requirements will be (or are being) complied with at the school.

111.(1) An applicant for registration of a child for home schooling may, at any time later than 5 months

after lodgement of the application, request the Minister to obtain advice from an authorised

person about the application within 30 days.

(2) If the applicant does not, within 30 days of service of the notice receive written notice of a

recommendation to the Minister about the application, the failure of the Minister to obtain such

advice is to be regarded, for the purposes of this Part, as a recommendation that the Minister

refuse to register the child for home schooling.

112. An appeal may be lodged:

(a) within 30 days of the giving of the notice of the recommendation or decision against which the

appeal is brought; or

(c) in the case of an appeal arising from a failure of the Minister to obtain advice about an

application for registration of a child for home schooling' within 30 days of the relevant period

referred to in section 111 (2).

119. The Minister, the Board and the Director-General of School Education may delegate to any person or body (including, in the case of a delegation by the Board, any committee of the Board) the exercise of any of their respective functions under this Act (other than the power of delegation conferred by this section).

122. An officer authorised by the Minister for the purposes of this section, or a police officer, may:

(a) during school hours:

(i) approach any child who is apparently of or above the age of 6 and below the age of 15

and is apparently not in attendance at school as required by this Act; and

(ii) request the child to provide to the officer the name and home address of , and the name

and address or the school attended by, the child; and

(b) accompany the child to his or her home, or to a school, to verify the information provided to

the officer by the child.

123 (2) In any proceedings under this Act, a certificate purporting to be signed by the Minister or by

an officer prescribed by the regulations, stating that:

(b) a child was or was not, on a day so specified, registered under Part 7 for home schooling is

admissible in evidence and is prima facie evidence of the matters stated in the certificate.

124. Proceedings for an offence against this Act or the regulations are to be dealt with summarily

before a Local Court constituted by a Magistrate sitting alone.

130.(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any

matter that by this Act is required or permitted to be prescribed or that is necessary or

convenient to be prescribed for carrying out or giving effect to this Act.

(2) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.

131.(1) The Board may make rules, not inconsistent with this Act or the regulations, for or with respect

to the exercise of any of its functions.

(2) A rule does not take effect unless approved by the Minister.

(3) A rule is to be published as prescribed by the regulations and takes effect on the date of

publication or a later date specified in the rule.