Compulsory Education Student Enrolment and Attendance Policy

What is this policy about?
1. The objective of this policy is to outline the compulsory education requirements in the Education Act 2004 (ACT) (the Act), including the responsibilities of parents/carers, home educators and ACT public schools relating to enrolment and attendance.
2. It sets out the legislative requirements for ACT public schools in relation to enrolment, attendance and the transfer of students between schools in the ACT.
Policy Statement
Compulsory Education
1. Compulsory education requires children living in the ACT to be enrolled in and attend an education provider (i.e. a school) and/or registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth), (s 3) and/or be registered for home education.
2. Section 9 of the Act stipulates compulsory education age as at least six (6) years old until the child completes year 12 or turns 17, whichever happens first.
3. Parents/carers have responsibilities under Section 10 of the Act to ensure that their child/ren of compulsory education age are enrolled in an education provider and attending on a full-time basis. Or if they are enrolled in an education course other than a school, they must meet the fulltime participation requirements of the course.
4. In accordance with Division 2.2.3 and Part 2.5 of the Act, an Information Notice and/or a Compliance Notice may be issued by the ACT Education Directorate (the Directorate) if a parent/carer has contravened or are contravening requirements relating to enrolment and attendance.
5. Once a child has completed year 10, parents/carers can enrol their child with an approved education provider (see definitions in Education Act 2004 (ACT) s9A) other than a school and/or their child can participate in work related training and/or employment until they turn 17 or complete their ACT Senior Secondary Certificate (year 12), whichever happens first (Refer to the Post Year 10 Alternatives (Work-related Training and Employment) procedure)..
6. Parents/carers will meet the school attendance requirements of the Act, where a child’s absence is approved by the school. This may include excursions, workplace learning, structured learning, suspensions, or any absence that is required under a territory law or law of the Commonwealth. This includes s12-20 and Schedule 1 of the Public Health Regulation 2000 (ACT)which requires that children with certain conditions are excluded for specified periods from school.
7. The enrolment and school attendance requirements do not apply to students registered for full-time home education or where an enrolment or full-time attendance exemption certificate or approval statement has been issued.
8. Where a child is enrolled with an education provider to participate in distance education, the parents/carers must ensure the child fulfils the education provider’s requirements for distance education including completing the course, maintaining contact with the provider and attending when required.
9. Compulsory school aged dependants of temporary visitor visa holders are eligible for enrolment in an ACT public school for a minimum of five weeks and a maximum of 10 weeks. While enrolled they must fulfil the requirements of this policy and the associated procedures.
10. Principals are required to maintain enrolment and attendance registers in accordance with the Education Act 2004 (ACT) s33 (1) b s33 (1) b.
11. The system for recording attendance must meet the legislative requirements as described in Part 3.3 of the Act.
12. All enrolment and attendance records must be recorded in the School Administration System (SAS).
Who does this policy apply to?
1. This policy applies to parents/carers of children seeking to enrol or are enrolled in an ACT public school.
2. This policy applies to parents/carers of children of temporary residents living in the ACT, seeking to enrol and/or are enrolled in an ACT public school.
3. Non-compulsory education settings such as preschool are required to keep attendance and roll marking records in compliance with the Education Act 2004, as required in line with Regulation 158(2) Education and Care Services National Regulations 2011 (National Regulations). The ACT Public Schools Enrolment Procedures for Preschool and Early Childhood settings (see links 2 and 3 under 9.3 Related Policies and Information, below) provide guidance on the process for prioritising the enrolment of children in their Priority Enrolment Area (PEA) school and determining eligibility criteria. ACT Public Preschools must adhere to the requirements outlined under the ACT Public School Student Attendance and Roll Marking Procedure (link 1 under 9.3 related policies and information).
4. Parents/carers residing in NSW with compulsory education aged children are bound by the Education Act 1990 (NSW) in relation to compulsory education and enrolment.
5. Parents/carers residing in NSW with compulsory education aged children enrolled in an ACT public school are bound by the Education Act 2004 (ACT) in relation to school attendance.
Context
1. Chapter 2 of the Education Act 2004 (ACT) sets out the compulsory education age and enrolment requirements for children residing in the ACT and school attendance requirements of children enrolled in ACT schools.
2. This policy is consistent with ACT and Commonwealth human rights and anti-discrimination laws including the Human Rights Act 2004 (ACT) which protect individuals from unfavourable treatment on grounds including disability, race, sex, sexuality, and gender identity and supports every child’s right to education, equality, protection, and non-discrimination.
3. The Directorate seeks to ensure that all students can access and participate in education on the same basis as their peers as described in the Disability Discrimination Act 1992(Cwlth) and the Disability Standards for Education 2005 (Cwlth).
4. The Directorate utilises the National Principles for Child Safe Organisations (the Principles) to ensure school staff understand their roles and meet their responsibilities to ensure the safety and wellbeing of all children attending ACT government schools.
5. Information gathered under this policy and associated implementation procedures will be kept in accordance with the Privacy Act 1988 (Cwlth), Information Privacy Act 2014 (ACT) and the Health Records (Privacy and Access) Act 1997 (ACT). These Acts protect individuals’ rights relating to the collection, use, storage and disclosure of personal information and personal health information held by government agencies.
Responsibilities
1. Parents/carers who reside in the ACT are responsible for:
  - enrolling their child at an education provider no later than 10 school term days after the child turns six years old (Education Act 2004 (ACT) s10 (3)); and/or
  - enrolling their child of compulsory education age at an education provider not later than 10 school term days after the child begins to live in the ACT (Education Act 2004 (ACT) s10 (3)); and/or
  - enrolling their child of compulsory education age at an education provider providing a course no later than 14 days after the course starts(Education Act 2004 (ACT) s10 (2)); and/or
  - applying to register their child of compulsory education age for home education no later than 10 school term days after the start of the school year or the day the child begins to live in the ACT (Education Act 2004 (ACT) s10 (2)).
  - if a child’s enrolment at an education provider is cancelled by the child’s parents/carers, they must do either or both of the following within 14 days (Education Act 2004 (ACT) s10 (4)):>
    - enrol their child with another education provider; and/or
    - apply to register their child for home education
  - if a child’s enrolment for home education has been cancelled by the Director-General under s135 of the Education Act 2004 (ACT), the child’s parents/carers must enrol their child with an education provider no later than 14 days after the cancellation takes effect (Education Act 2004 (ACT) s10 (5)).
  - under s10 (6) of Education Act 2004 (ACT), the requirements under Part 5.1.1-6 of this policy do not apply if:
    - an exemption has been granted for the child; or
    - the young person has completed year 10 and is participating in work-related training and/or employment (having sought an approval statement - refer to the Post Year 10 Alternatives (Work-related Training and Employment) procedure); or
    - the Director-General is satisfied that the parents have a reasonable excuse for not complying with.
2. Parents/carers who have a child enrolled in an ACT school are responsible for:
  - providing accurate information/documentation supporting their child’s enrolment and confirming with the school/education provider any changes to their child’s identity and contact details to ensure their enrolment details remain up to date;
  - ensuring their child attends their school and/or education provider on every day, and during the times on every day, when the school is open for attendance (including attendance at activities organised at other specified locations) (Education Act 2004 (ACT) s10A (2));
  - providing a timely explanation/reasonable excuse for any absences to ensure compliance with the Act in relation to attendance (Education Act 2004 (ACT) s10A (3));
  - working in partnership with the school and/or education provider to support their child’s enrolment and attendance. This includes raising concerns about their child’s education, engagement, health and wellbeing and discussing barriers to attendance early with the school/education provider);
  - applying to the Education Directorate for an exemption certificate where the parent/carer of a child is unable to meet the enrolment or full or part time school attendance requirements of the Act (Education Act 2004 (ACT) s12A);
  - applying to the Education Directorate for an exemption certificate where the parent/carer of a child believes it is in the child’s best interests to do so (Education Act 2004 (ACT) s12A);
  - applying to the Education Directorate for an approval statement for a young person who wishes to participate in workplace related training and/or employment alternatives after the completion of year 10 (Education Act 2004 (ACT) s13D); and
  - complying with Information and/or a Compliance Notices to fulfil their legal responsibilities under the Act (Education Act 2004 (ACT) s11C-11F and s16B-17).
3. ACT Public Schools and Approved Education Providers are responsible for:
  - ensuring all eligible children are prioritised for enrolment at the public school in their neighbourhood as required under the Education Act 2004 (ACT) s21(4). For enrolment purposes the Director-General has defined a neighbourhood as the Priority Enrolment Area (PEA) for each school;
  - ensuring that no child is disadvantaged or denied access to education, where individual circumstances prevent the applicant from meeting documentation requirements including proof of identity and place of residence requirements;
  - ensuring children with disability are able to enrol and apply for placement on the same basis as other prospective students, in accordance with the Disability Standards for Education 2005 (Cwlth);
  - maintaining an accurate enrolment register (Education Act 2004 (ACT) s32) where enrolled students are recorded under their full name contained in the documents supporting their enrolment and, copies of sighted documents are kept confidential and managed in accordance with the Information Privacy Act 2014 (ACT);
  - maintaining a register and accurate record of attendance or non-attendance of each enrolled student on every day when the school is open for attendance (Education Act 2004 (ACT) s32 and 33 (1) b);
  - complying with requirements of Sections 32, 33 of the Education Act 2004 (ACT), whereby a principal of a school commits an offence if they fail to keep a register of enrolments and attendance and/or if they make an entry in the register of enrolments or attendance and they are reckless about whether the entry is correct;
  - complying with requirements of Sections 34 of the Education Act 2004 (ACT) whereby a principal commits an offence if they fail to make an enrolment or attendance record available to an authorised person;
  - developing and maintaining local school attendance procedures that
    - encourage students to attend school regularly; and
    - help parents/carers to encourage their children to attend school regularly (Education Act 2004 (ACT) s35); and
    - referring parents/carers and children to support services that encourage children to attend school regularly when the procedures implemented are not successful;
  - providing written notice to a student’s parents/carers requiring them to meet with an authorised person at a stated place and time, if the student has not been attending school regularly (Education Act 2004 (ACT) s35(3); and
  - complying with the requirements for recording student movement to and from an ACT school set out in section 10AA of the Education Act 2004 (ACT), section 2AA of the Education Regulation 2005 (ACT) and the Student Movement Register Procedures.
4. Education Support Office is responsible for:
  - registering and maintaining an accurate register of children registered for Home Education on a full time or part time basis in accordance with the Act (Education Act 2004 (ACT) s139);
  - issuing exemption certificates for children of compulsory education age deemed eligible (Education Act 2004 (ACT) s12A);
  - issuing approval statements to students who have completed year 10 and are deemed eligible to participate in work-related training and/or employment alternatives (Education Act 2004 (ACT) s14A);
  - issuing information and/or a compliance notices to parents/carers of compulsory education aged children when parents/carers do not fulfil their legal responsibilities under the Act (Education Act 2004 (ACT) s11C and s16B) (Non-Compliance Procedures).
  - complying with the requirements for recording student movement for Home Education students set out in section 10AA of the Education Act 2004 (ACT), section 2AA of the Education Regulation 2005 (ACT) and the Student Movement Register Procedures.
  - establishing Student Movement Register Procedures for ACT schools to record the movement of students between schools and Home Education (Education Act 2004 (ACT) s10AB); and
  - determining the administrative and governance procedures related to enrolment for ACT public schools under the delegated authority of the Director-General through the provision of:
    - ACT Public School Enrolment Procedure – Early Childhood
    - ACT Public School Enrolment Procedure – Preschool
    - ACT Public Enrolment Procedure - Kindergarten to Year 12
5. Determining the administrative procedures relating to roll marking and attendance through the provision of:
  - ACT Public School Student Attendance and Roll Marking Procedure
  - ACT Public School Student Attendance and Roll Marking Procedure
Monitoring and Review
1. The policy is co-owned by Enrolments and Planning Branch (enrolments) and the Student Engagement Branch (attendance).
Contact
1. Queries regarding compulsory education, enrolment and attendance and non-compliance procedures should be raised with the relevant school principal in the first instance.
2. For further information regarding:
  1. Enrolments contact Enrolments and Planning Branch at EDUEnrolments@act.gov.au or (02) 6205 5429.
  2. Compulsory education, attendance and non-compliance contact Student Engagement Branch at EDUDSEOffice@act.gov.au or by phone (02) 6205 7029.
  3. If your query is unresolved, please contact the Directorate via the online form which is available at https://www.education.act.gov.au/about-us/contact_us.
Feedback
1. Any concerns about the application of this policy or the policy itself, should be raised with:
  1. the school principal in the first instance; or
  2. to make a complaint via the online form at Feedback and Complaints (act.gov.au)
References
1. Definitions
  - ACT Education Directorate refers to ACT public schools and the Education Support Office (ESO), which includes educational support services that do not reside in ACT public schools (e.g., system level/corporate support).
  - ACT public schools refers to all ACT government schools established under the Education Act 2004 (ACT).
  - Approval Statement is a statement granted to parents/carers of a child, who has completed year 10, is under 17 years of age, and plans to undertake work-related training such as an apprenticeship or traineeship, employment or a combination of training and employment and no longer be enrolled and attend school.
  - Approved education course/provider includes a course of study provided by an ACT school or a school under a law of a State or another territory including distance education; a course of study leading to the completion of year 10 or year 12 delivered by a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth); a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth); or an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).
  - Attendance for the purposes of this policy, requires enrolled children to attend school on every day, and during the times on every day, when the school is open for attendance. This includes activities such as excursions. This also refers to attendance at approved education courses where a child must attend and participate in an approved education course provider’s requirement about physically attending at particular times at the provider’s premises or another specified place.
  - Authorised person is a person appointed by the Director-General under the Act to exercise inspection powers for ACT schools.
  - Child or children in the context of this policy, refers to a person who is under 18 years of age.
  - Compliance Notice is a written notice issued to a child’s parents/carers under section 16B of the Act, requiring the parent/carer to ensure that their child’s enrolment, registration for Home Education, attendance and participation in education, training and/or employment is in accordance with the Act.
  - Compulsory education age iin the ACT and for the purpose of this policy refers to a child who is aged from six years until the child completes year 12 or turns 17, whichever happens first.
  - Distance education refers to the provision of an education course to a child by an approved education provider, whereby the education provider does not always require the child to be physically present.
  - Education provider refers to a school under a law of the state or territory and as well as (a) Registered Training Organisations (RTO) who provide a course of study that leads to the completion of year 10 or year 12 or the completion of a vocational education and training course; (b) a higher education provider; and (c) a university (Education Act 2004 (ACT) s9A).
  - Enrolment is the process by which a parent/carer applies for a child to become a student of an education provider and is determined eligible for enrolment in a school. A student is officially enrolled in a school once an assessment against the eligibility criteria has been completed and the enrolment is accepted by the principal and/or director of an approved education provider.
  - Employment for purposes of an Approval Statement refers to paid work under a contract of service or for a contract of service (whether written or unwritten).
  - Exemption Certificates are an authorisation for parent/carers of children of compulsory school age exempting them from the enrolment and/or attendance in a school or approved education provider and/or registration for Home Education. A full-time or part-time certificate may be granted where a child is unable to participate in education due to their health and wellbeing and/or expectational circumstances and where evidence confirms that it will be in the best interests of the child.
  - Full-time attendance requirement for the purposes of this policy refers to enrolled children attending school every day, and during the times on every day, when the school is open for attendance. This includes activities e.g., excursions.
  - Full-time participation requirement refers to a child attending and participating in an approved education course provider’s requirement at a level that is full-time under the requirements of the course (or for at least 25 hours each week). Full-time participation includes part-time participation in two or more education courses to an extent that it is equivalent to full-time participation in one education course. Full-time participation is also defined by any combination of the following (that is equivalent to full-time participation in one education course): an education course, a training alternative, or an employment alternative.
  - Home Education refers to education conducted by one or both of a child’s parents/carers from a home base. A child must be registered with the ACT Education Directorate to be eligible for Home Education.
  - Information Notice is a written notice, issued to the parents/carers of a child, seeking further information about a child’s enrolment and/or attendance; registration for Home Education or participation in education, training and employment to determine if they are meeting the requirements of compulsory education (Education Act 2004 (ACT) s11c).
  - Parent/Carer for the purpose of this policy, is the person who has parental responsibility for the child under the Children and Young People Act 2008 (ACT).
  - Participation in accordance with the Act refers to a child taking part and engaging in an approved education course by complying with:
    - the provider’s requirements about physically attending, at particular times, the provider’s premises or another place; or
    - for an education course that is completed by Distance Education, complying with the provider’s requirements in relation to completing the course work, maintaining contact with the provider and attending as required.
  - Priority Enrolment Area (PEA) refers to the designated area surrounding the ACT public school from which the school accepts its core intake of students. The permanent residential address of the student determines the PEA school for any child enrolling in an ACT public school.
  - Reasonable excuse refers to an absence explanation provided by a parent/carer and the authority of a principal to determine if the explanation is deemed a reasonable explanation for the purposes of the parent/carer meeting their responsibilities under the Act.
  - Resides in the ACT refers to a person who lives at a physical street address located within the Australian Capital Territory (ACT). This includes temporary residents who, for the duration of their visa, are living in ACT and have compulsory education aged dependents eligible to enrol in a school.
  - School Administration System (SAS) is the ACT public schools database, used to record details of student enrolments, attendance and other related matters
  - School attendance requirement applies to children who are enrolled at a school and requires the child’s parents/carers to ensure that the child attends the school on every day and during the times on every day when the school is open for attendance and attends every activity of the school that the school requires the child to attend.
  - Senior Secondary Certificate (Year 12) is achieved when a student is awarded or completes the requirements for a year 12 certificate when they are issued a certificate equivalent to a year 12 Senior Secondary Certificate that shows completion of a higher education pre-entry course or one issued under the Australian Qualification Framework (AQF); a certificate approved by the Director- General or delegate; the Director-General or delegate is satisfied on reasonable grounds that the student has completed the year 12 Senior Secondary Certificate or its equivalent.
  - Student refers to a person who is enrolled in an ACT school or other approved education provider.
  - Student Movement Register (STR) is a web application managed by the ACT Education Directorate, used by ACT schools for tracking the movement of students between schools and Home Education within the ACT.
  - Work-related training refers to nationally recognised, accredited training such as an apprenticeship or traineeship.
  - Year 10 is achieved when a student is awarded or completes the requirements for being awarded a year 10 certificate or the Director-General or delegate is satisfied on reasonable grounds that the child has completed year 10 or its equivalent.
2. Legislation
  The policy is informed by the following legislation:
3. Related Policies and Information
  - This policy should be read in conjunction with the following compulsory education, enrolment, and attendance related procedures.
    - ACT Public School Student Attendance and Roll Marking Procedure outlines the responsibilities of parents and ACT public schools in encouraging attendance, reporting and managing absenteeism. It also provides schools with school attendance record keeping procedures to ensure accurate attendance data.
    - ACT Public School Enrolment Procedure - Early Childhood outlines procedures for prioritising the enrolment of children in their Priority Enrolment Area (PEA) school and determining eligibility criteria for enrolment applications for early childhood settings.
    - ACT Public School Enrolment Procedure - Preschool outlines procedures for prioritising the enrolment of children in their Priority Enrolment Area (PEA) school and determining eligibility criteria for enrolment applications for preschool settings.
    - ACT Public Enrolment Procedure - Kindergarten to Year 12 outlines procedures for prioritising the enrolment of children in their Priority Enrolment Area (PEA) school and determining eligibility criteria for enrolment applications for kindergarten to year 12 settings.
    - Child Protection and Reporting Abuse Policy and Procedure outline the responsibilities of school staff to act to protect students from child abuse and neglect in addition to mandatory statutory reporting obligation and provide guidance on the behavioural and physical indicators of abuse, neglect and grooming.
    - Education Options (other than school) Procedure outlines education providers (other than schools) that are approved for children to enrol in. These include universities, registered training organisations and higher education providers.
    - Exemption Certificate Procedure outlines the responsibilities of parents/carers to seek approval with the support of their school and the provision of medical documentation to the Education Support Office to be exempt from one or more: enrolment, attendance, registration for Home Education and/or the participation (attendance) requirements of the Act.
    - Infectious Diseases - Outbreak and Exclusions Period Policy outlines outbreak procedures and exclusion periods for infectious diseases in ACT public schools.
    - Non-compliance Procedure outlines the compulsory education requirements of the Act and details the roles and responsibilities of parents/carers, schools and the Directorate in ensuring that a child living in the ACT of compulsory education age is meeting the attendance (participation requirements) of the Act.
    - Post Year 10 Alternatives (Work-related Training and Employment) Procedure outlines the provisions of the Act which permit a child who has completed year 10 to engage in work-related training or employment rather than attend school. Parents/carers can apply for an Approval Statement from the Education Support Office.
    - Students with a Disability Meeting their Educational Needs confirms the Education Directorate’s commitment to supporting students with disability in ACT public schools and associated roles and responsibilities.
    - Safe and Supportive Schools Policy outlines the Directorate’s commitment to providing positive and engaging ACT public school environments where students feel connected and respected, achieve success, and are fully engaged in education. Student wellbeing impacts on student learning and is fundamental to a student’s enrolment, attendance, and successful engagement with education.

P00047 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.

Policy Identifier: 00047

Published: December 2022

Implementation Documents:

ACT-Public-School-Student-Attendance-and-Roll-Marking-Procedures.pdf ( PDF 1.0 MB)

ACT Public Schools Early Childhood School Procedure ( Word 303.7 KB)

ACT Public Schools Kindergarten to Year 12 Enrolment Procedure ( Word 305.7 KB)

ACT Public Schools Preschool Enrolment Procedure ( Word 310.3 KB)

Related Policies and Information: