FAQs

The changes include:

• requiring a warning letter to be sent to a parent* for a failure to ensure their child is enrolled in or attends school, prior to prosecution 
• removing from the list of valid excuses for non-attendance that there is a danger of the child being affected by an infectious or contagious disease
• reducing the time a parent has to notify the principal of the reason for a child’s failure to attend or participate from 5 days to 3 days
• giving authorised officers attending at residential premises the power to require specified information, rather than just request it
• requiring that the enrolment of a child at a government school be appropriate to the child’s age and year level or level of educational attainment
• clarifying that authorised officers must take all reasonably practicable action to ensure attendance at school by children of compulsory school age and participation in an approved learning program by children of compulsory education age.

* A parent includes a guardian or a person acting in loco parentis in relation to the child.

While most students regularly attend school, a small but significant number do not. After reasonable efforts by a school and the department to address a child's non-attendance, it may be necessary to consider prosecuting a parent to prevent further non-attendance.

The proposed changes included in the draft Bill and regulations aim to enhance the enforcement of compulsory enrolment and attendance at school.

Consideration is being given to changing the law to allow expiation notices (fines) to be issued to parents in respect of offences related to the:

• failure of a child to be enrolled 
• failure of a child to attend school or participate in an approved learning program
• failure to comply with a reasonable request from the Chief Executive for information relevant to a child’s enrolment, attendance, or participation.

Consideration is also being given to amending the law to make it clear that a South Australian child should be enrolled in a South Australian school, unless an exception applies or the enrolment has been approved by the Department for Education. 

The department has a range of school and system-based services and interventions to address non‑attendance, including following up any absences from school, undertaking home visits, identifying barriers to non-attendance, and developing plans to address those barriers and support the student to attend.

The draft Bill proposes to remove from the list of acceptable reasons for a child’s failure to attend or participate that there was a danger of the child being affected by an infectious or contagious disease. Arguably, such danger might always be present at a school and a child that is sick with an infectious or contagious disease would be otherwise be captured under the reason that the child is sick or infirm.

The draft Bill includes a requirement that a warning letter be sent to a parent prior to the commencement of any prosecution of the parent in relation to a failure to enrol the child in school or the child’s failure to attend or participate. A parent may be reminded of their obligations under the law and be given opportunities to engage with the school or the department to take steps to address a child’s non‑attendance before a formal warning letter is sent.

No, a parent who take steps to support their child to attend would not be prosecuted. Where a parent is having difficulty with ensuring the attendance of the child they should engage with their child’s school and the department to identify the barriers to the child’s attendance and any supports that may be available.

If a child fails to attend school, each person responsible for a child is guilty of an offence. However, a person has a defence if they can prove they took such steps as are reasonably practicable to ensure their child attends. A parent who is taking reasonable steps to support their child to attend would not be prosecuted.

We are seeking views on whether expiation fees should be introduced. If they were introduced and a person failed to pay an expiation fee within the required period the department would send a reminder notice. After that, the outstanding amount may be referred to the Chief Recovery Officer who may take enforcement action under the Fines Enforcement and Debt Recovery Act 2017. Enforcement actions can include, for example, restriction on person’s ability to register any motor vehicles, suspension of their driver’s licence, deductions from their wages or bank accounts, vehicle clamping and impounding, or property seizure and sale.

Expiation notices would be issued by a relevant officer of the department. Principals or other school staff would not be issuing expiation notices.

A person would be able to ask the department for a review of the notice or dispute the allegation they committed the offence and elect to be prosecuted in Court.

The Chief Executive of the department, by notice in writing, can require a parent to provide information or documents relating to their child where reasonably required in the administration, operation, or enforcement of the Education and Children’s Services Act 2019 (the Act). The Act doesn’t limit the types of information that can be required but currently sets out it may include medical certificates or other personal information. 

The change proposed will further clarify other types of information related to a child that might be requested including medical reports or advice, reports relating to mental, emotional and social wellbeing, and referrals for a medical, psychological or allied health service.

We are consulting about this to understand whether this is something that the community and others support. One option might be to require parents to require enrolment in a South Australian Government school, unless an exception applies, or approval is sought from the department.

Yes, the department will have a process in place to manage enrolments in cross-border communities.