Compulsory schooling orders: children and young people

The law and school attendance

If you are between the age of 6 and 17 the law says you must receive schooling except 

a) if you have completed Year 10, and 

b) you are in paid work and/or you are in other approved education or training, such as TAFE. 

Who is responsible if you are not receiving schooling? 

Your parents have responsibility to make sure that you are enrolled in school and that you attend school or that you are receiving home schooling. If they don’t, the Children’s Court can make a compulsory schooling order and/or your parents can be fined.

However, the Department of Education can make an application to the Children’s Court for a compulsory schooling order against you if: 

• you are over 12-years-old and 
• you are living independently, or
• your parents have tried to get you to go to school but you won’t go. 

And if the Children’s Court makes a compulsory schooling order and your school attendance doesn’t improve, you could even be fined.  

Do I need a lawyer?

If the Department of Education makes an application for a compulsory schooling order against you or your parents a lawyer will be provided when you come to court. More information can be found at Legal Aid NSW. 

How can mediation help

Sometimes there are good reasons why you are not going to school. Mediation is a meeting where you, your parents and other people from the Department of Education can sit down and talk about why school is a problem and how they can help you get back to school. Hopefully you can all agree on what needs to be done to make that happen.  

This meeting is called a conference and may take place at the court or at another suitable location.  

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

If your school attendance does not improve and the judicial officer is satisfied that you do not have a satisfactory reason for not attending school, a court order can be made requiring you to receive 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.