Following a review of home education legislation in 2003, a new Act
was passed by parliament in August 2006. Yet, an estimated 80% of
Queensland homeschoolers still aren’t registered. Since the development
of the Home Education Unit and new registration process, few families who previously did not have dispensation
have decided to become legal homeschoolers.
For families who have not been in the school system, this seems to be
fine. It’s when families are taking children out of school (or quitting
Distance Ed) that the Education Department have asked questions.
In the Education (General Provisions) Act 2006, Chapter 9 Part 1 Division1 176(1)
it states that, “Each parent of a child who is of compulsory school age
must – (a) ensure the child is enrolled at a State school or non-State
school; and (b) ensure the child attends the State school or non-State
school, on every school day, for the educational program in which the
child is enrolled; unless the parent has a reasonable excuse.”
If the Education Department is notified that your child is not
attending school, and they discover that that child is not registered
for homeschooling, they will send you a letter requesting an explanation
and outlining your responsibilities. If this letter is ignored, they
will send you a letter requesting an appointment for an interview. If
you still have no contact with the department, you might be fined. They
don’t just find you and fine you.
To clear up some confusion regarding the penalties – the first
offence is 6 penalty units, which is 6 x $75 and second and subsequent
offences are 12 penalty units, which is 12 x $75. The details of this
are in the same act quoted above, but Section 179 – Limits on proceedings against a parent. The info about penalty units is in Section 5 of the Penalties and Sentences Act 1992 (Qld).
It’s a very rare occurrence for the Department to take families to
court. Historically, this may only have happened with regard to
family law issues (where separated parents disagree about home
education) or when neglect or abuse are apparent.
From 2008 the compulsory school starting age has risen to 6 years 6
months, which buys some time for many families looking into
homeschooling to do some research and make a decision about
registration.
Benefits of registration include the practical support of the Unit, eligibility for Parenting
Payment and access to some other Centrelink allowances. Common
complaints about the registration system include controlling behaviour or lack of support
by staff at the Unit, the unsatisfactory reporting process (described as
jumping through hoops by many) and a lack of understanding about the
Natural Learning or Unschooling philosophy.
If you do end up registering, talk to the Home Education Unit about
programs of Natural Learners on their books if this is your preferred style of homeschooling. These might not be included
in samples they usually share, but Natural Learning families are currently registered in Queensland.
The website for the Home Education Unit explains thoroughly what your
rights and responsibilities are as a home educating parent. Remember
that the majority of Queensland homeschooled children aren’t registered
and their families are busily getting on with their home education
journeys under the radar. Once you enter the system, it’s difficult or
impossible to change your mind and become unregistered homeschoolers.
Resources:
The Home Education Unit
Unit A, Level 1
52-54 Manning Street
South Brisbane
Phone: 07 3405 3916 or 1800 677 176 (outside Brisbane)
PO Box 3710
South Brisbane BC Q 4101
Email: homeeducation@deta.qld.gov.au
http://education.qld.gov.au/homeeducation
http://ppr.det.qld.gov.au/education/learning/Pages/Home-Education-in-Queensland.aspx
Education (General Provisions) Act 2006 – http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2006/06AC039.pdf
NB:
The Education (General Provisions) Act 2006 regulates the
education of children living in Queensland. The Act requires that a
parent must ensure that any child of compulsory school age is enrolled
at and attends a state school or non-state school, or if in the
compulsory participation phase is participating in an eligible option.
The Act recognises that registration for home education
is an alternate way in which a parent may meet their obligation. The
registration for home education is only valid if made through the Home Education Unit.
Compulsory school age means a child is at least 6.5 years of age and less than 16 years of age or has completed Year 10, whichever happens first.
Compulsory participation phase
starts when the young person stops being of compulsory school age and
ends when the young person gains a senior certificate, certificate III
or certificate IV; or has participated in eligible options for 2 years
after they have stopped being of compulsory age; or turns 17 years.
