What if parents don’t have control over their child or the child doesn't live with them?
The legislation applies to all young people below the age of 17, regardless of whether they live with parents. However a parent has a defence to a prosecution for their child's non-compliance with these changes where:
- the child is over 16 and no longer lives with the parent; or
- the absence from school was due to the child's disobedience provided the child's absence from school was not due to any default of the parent.
Under new legislation a child over 12 may face action before the Children's Court in such cases. The Children's Court has the option of imposing a compulsory schooling order on the child. If the child is over 15 and breaches such an order, a fine of up to $110 may apply.