New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 74

74 Cancellation of registration for home schooling

(1) The Minister may, on the recommendation of an authorised person, cancel the registration of a child for home schooling by notice in writing to a parent of the child, if the parent--

(a) has failed to ensure that the child receives instruction in accordance with the conditions to which the registration is subject, or

(b) has refused or failed to allow an authorised person (in accordance with those conditions) to enter, at any reasonable time, the premises where the child receives schooling or to inspect those premises or records required to be kept for the purposes of this Act, or

(c) has breached any other condition to which the certificate of registration is subject.

(2) The Minister may not cancel the registration of a child for home schooling under subsection (1) (a) if--

(a) the child was prevented from receiving instruction by sickness, permanent or temporary incapacity or some accident or unforeseen event, or

(b) the child has not received instruction for only 3 school days or less in any period of 3 months during which the child has been registered for home schooling, or

(c) any failure to ensure that the child received instruction was a result of the child's disobedience and was not due to the default of the parent.

(3) The Minister may not cancel the registration of a child for home schooling written unless notice of the authorised person's recommendation to the Minister has been given to a parent of the child and--

(a) 30 days have elapsed since the giving of that notice, during which time no application has been made to the Tribunal for an administrative review of the recommendation, or

(b) the Tribunal has determined an application for an administrative review (made within those 30 days) of the recommendation and the Minister has considered any contrary recommendation of the Tribunal and the reasons for it, or

(c) any such application for an administrative review of the recommendation has been withdrawn.