Compulsory schooling orders: parents and guardians

Parents have responsibility under the Education Act 1990 to make sure that their children are enrolled in school and that they attend school or that they receive home schooling.  If they don’t, the Department of Education can apply to the Children’s Court for a compulsory schooling order. Alternatively, the Department of the Education can prosecute a parent in the Local Court and a parent can be fined for failing to enrol or send their child to school.

The Department of Education can also make an application for a Compulsory Schooling Order against a child, if the child is 12 and they are of the view that the child is not going to school because they are living independently, or that they are not going to school because they are disobedient. 

Legal help for parents and carers in compulsory schooling cases

If the Department of Education makes an application for a compulsory order against a parent Legal Aid NSW will provide a lawyer to assist and a lawyer will be available for you at court.  

For more information about getting legal help for applications for compulsory schooling orders contact Legal Aid NSW.  

How can mediation help

Sometimes there are good reasons why a child is not going to school.  Mediation is a meeting where the parents and representatives from the Department of Education can sit down and talk about why a child is not going to school and work out what needs to happen to help a child get back to school.  

The Children’s Court can direct the parents and the Department of Education to attend a conference.  This is your opportunity to work with the Department of Education to find some solutions that can help your child attend school. The conference might be arranged by a Children’s Registrar at the Children’s Court or it might be arranged by the Department of Education at a location away from the court. 

Hopefully, at the conference you can all agree on what needs to be done to help your child get back to school.  If this happens you might undertake or agree to do certain things and the Department of Education might also agree to do certain things to support your child so that they can attend school.  

What happens if the Children’s Court makes a compulsory schooling order

If the judicial officer is satisfied that your child is not receiving compulsory schooling a court order can be made requiring the parent or carer to ensure that the child receives compulsory schooling.

If you do not comply with the court order it is an offence. The Department of Education can take action in the Local Court and you may have to pay a fine.