Version: 2.1
SMS-PR-017: Enforcement of Compulsory Schooling and Compulsory Participation Phase
Outlines procedures to be taken by authorised officers when aware that a parent is not ensuring their child is fulfilling the compulsory schooling or compulsory participation requirements of legislation.
Statement of intent
Parents (new window) 42k 
of children of compulsory school age have a legal obligation to ensure that their children are enrolled in school and attend for every day of the educational program in which they are enrolled. Parents of students in the compulsory participation phase (new window) 45k have a legal obligation to ensure that these students participate full-time in an eligible option.
Education Queensland assists parents to understand their legal obligations in respect to compulsory schooling (new window) 38k and compulsory participation and supports to help them meet these obligations.
Where there are concerns about a child or young person's enrolment or attendance, multiple attempts to contact the parent/s are made.
Where parents of a child of compulsory school age or a student in the compulsory participation phase persist in their failure to enrol their child in school or an eligible option, or to ensure that child's attendance or participation even after formal processes have been implemented, prosecution of the parent for failing to comply with the compulsory schooling or compulsory participation obligations may be recommended.
Consent can only be sought if the parent/s have been given a notice outlining their obligation to ensure the child is attending school as required and there has been at least one meeting between the parent/s and an authorised officer; or the parent/s have been given a warning notice and the absences have persisted. Only the Director-General may consent to the commencement of proceedings against a parent for failing to comply with the compulsory schooling or compulsory participation requirements.
Prosecution cannot proceed if the parent has a reasonable excuse, in that:
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the child or young person lives with another parent and the relevant parent believes, on reasonable grounds, the other parent is ensuring the compulsory schooling or compulsory participation requirements are being met or
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in all the circumstances, the relevant parent is not reasonably able to control the child or young person's behaviour to the extent necessary to ensure the child or young person meets the attendance requirements.
When a child or young person is registered or provisionally registered for home education, or has an exemption, the compulsory schooling and compulsory participation requirements of a parent do not apply.
Responsibilities
Principals:
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keep attendance records and monitor attendance and absenteeism of enrolled students
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where there is reasonable cause to suspect that a child is not enrolled in or attending an educational program, or participating full-time in an eligible option during the compulsory participation phase, make reasonable attempts to verify the situation
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keep offers of support and help to parents and students open at all times
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make multiple attempts to contact parent/s through a range of approaches such as by telephone as well as through the formal letters as provided here, taking into consideration the parent/s' social, linguistic and cultural backgrounds
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keep records of all attempts made to contact parents
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where a student is frequently absent, with or without a satisfactory reason, consider whether an adjustment to the student's educational program or a
flexible arrangement would better suit the student's needs
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noting that non-attendance alone is insufficient reason, notify the Department of Child Safety, in accordance with
SMS-PR-012: Student Protection, where there is reasonable cause to suspect that a student's non-attendance is associated with risk of harm to the child
When a child of compulsory school age is not enrolled in a school:
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make reasonable attempts to identify the child and parent where the identity of the child is uncertain
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where it appears that a child is not enrolled in a school, and the child and family has no existing or previous relationship to the school, report the parents' failure to enrol to the Executive Director (Schools) for further action by authorised officers at the district level
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in cases where it appears that a child is not enrolled in a school, and when the child and family has an existing or previous relationship to the school (For example, when there are other siblings enrolled at the school), approach the district to verify whether an exemption has been granted, or if the child is registered for home education
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contact the parent informally regarding their child's enrolment
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take all reasonable steps to ascertain whether the parent has a reasonable excuse (as defined above) as to why they are not fulfilling their obligations
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involve the Department of Child Safety at any time when you consider a child to be at risk of harm, noting that failure to enrol a child is not in itself sufficient reason to suspect a child is at risk of harm.
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seek advice from Central Office Legal and Administrative Law Branch if all formal steps have been taken and parent persists in failure to enrol
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contact the Queensland Police Service to commence the prosecution of a parent after receiving the Director-General's consent, communicating to police the names of officers authorised to share information for the purpose of the compliance provisions.
When a child of compulsory school age is absent without satisfactory reason:
When a young person in the compulsory participation phase is not participating full-time in an eligible option:
- See Flowchart C: Process for persistent truancy and absenteeism - Compulsory participation (new window) 57k
- if aware that, for a young person in the compulsory participation phase, there are unexplained absences from the eligible option or regular absences which may mean that the student is not participating full-time in their eligible option, first seek to confirm these absences and the reason for them
- forward a letter reminding parents of their obligations in relation to compulsory participation if still concerned TCP-1: Letter to parents - Compulsory participation (new window) 37k
- follow the steps as for a student of compulsory school age using schedules TCP-2 to TCP-6 if there is no satisfactory response.
Principal Advisors (Education Services):
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when there is reasonable cause to suspect that a child is not enrolled in or attending an educational program, or participating full-time in an eligible option during the compulsory participation phase, make reasonable attempts to verify the situation
When a child of compulsory school age is not enrolled in a school:
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when a suspected case of a child of compulsory school age who is not enrolled is referred to the district, make attempts to identify the child and parent where the identity of the child is uncertain
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support principals who elect to liaise directly with parents of children of compulsory school age whose identity is known and who are not enrolled in a school
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where the identity of the child is known, verify whether an exemption has been granted, and liaise with the Assistant Director-General, Student Services to ascertain whether the child is registered for home education or enrolled in a non-state school
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report to the principal information obtained about whether or not child is enrolled in a school, has an exemption or is registered for home education
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take all reasonable steps to ascertain whether the parent has a reasonable excuse (as defined above) as to why they are not fulfilling their obligations
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involve the Department of Child Safety at any time when you consider a child to be at risk of harm, noting that failure to enrol a child is not in itself sufficient reason to suspect a child is at risk of harm. A police officer may be consulted about any proposal to proceed to prosecution, keeping in mind confidentiality provisions
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seek advice from Central Office Legal and Administrative Law Branch if all formal steps have been taken and parent persists in failure to enrol
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contact the Queensland Police Service to commence the prosecution of a parent after receiving the Director-General's consent, communicating to police the names of officers authorised to share information for the purpose of the compliance provisions
When a child of compulsory school age is absent without satisfactory reason:
When a young person in the compulsory participation phase is not participating full-time in an eligible option:
Executive Directors (Schools):
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monitor the provision in state schools in the district of a range of strategies to foster supportive environments which encourage attendance, engagement and participation of the full range of students
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review schools' processes for managing absenteeism in accordance with departmental policy. The processes may vary from school to school depending on the nature, preferences and requirements of the local community
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when there is reasonable cause to believe that a child of compulsory school age is not enrolled in an educational program, ensure school or district officers fulfil responsibilities in respect to liaising with parents to ensure compliance with compulsory schooling and compulsory participation obligations
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when considering recommending prosecution, if all steps have been carefully followed and documented, seek advice from Central Office Legal and Administrative Law Branch and only then
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support recommendations to the Director-General to consent to prosecuting parents.
Legal and Administrative Law Branch:
Assistant Director-General, Student Services:
- liaise with the Deputy Director-General, Office of International, Non-State and Higher Education to determine whether a child who appears not to be enrolled at a school is registered for home education or enrolled in a non-state school
Deputy Director-General, Office of International, Non-State and Higher Education:
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as delegated officer, request information around enrolment or attendance of a student of compulsory school age from a non-state school when there are reasonable grounds to suspect a parent is not complying with the compulsory schooling provisions
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communicate information about whether or not a child is enrolled in a non-state school or registered for home education to the Assistant Director-General, Student Services
Director-General of Education, Training and the Arts:
The Director-General will not consent to prosecution until the required formal pre-prosecution steps have been taken.
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after consenting to prosecute, authorises disclosure of student information to the Queensland Police Service under section 426(3)(a) of the Education (General Provisions) Act 2006, so as to avoid the need for formal subpoenas for documents.
Contacts
For information contact:
Document information
Approval record: 06/114893
Date of implementation: 2006-10-30 Date of publication: 2006-12-01 Date to be reviewed: 2008-07-01 This procedure replaces: - LL-15: Enforcement of Compulsory Education Provisions - Version: June 2004
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