From 1 January 2006, young people must stay at school until they turn 16 or complete Year 10, whichever comes first. After this, the compulsory participation phase will apply until the young person:

gains a Senior Certificate or Certificate III (vocational qualification); or
has participated in eligible options for two years. An eligible option is an educational program provided by a school, a course of higher education provided by a university or other provider, a TAFE course, an apprenticeship or traineeship; or
turns 17.

Parents will be obliged to ensure their child participates as required. This obligation doesn 't apply if the young person has a paid job for at least 25 hours per week or is under an employment exemption under the Vocational Education, Training and Employment Act 2000.

Students in Year 10 in 2006 will be the first to be affected by the new laws.

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2. Why is it necessary to legislate for this?

Young people in Queensland will find it increasingly difficult to get good jobs, earn decent incomes and lead rewarding lives without at least a Senior Certificate or a substantial vocational qualification behind them. The changes to the senior phase of learning focus predominantly on young people aged 15 to 17 years, making it compulsory for them to participate in some form of education or training after Year 10 to improve their chances of success in later life.

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3. Does the legislation cover students in Catholic and independent schools?

Yes, the legislation covers students in Catholic and independent schools.

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4. Does the legislation place any obligations on parents?

Yes. Parents are responsible for ensuring their child is participating in the new compulsory requirements.

Under the Education (General Provisions) Act 2006, parents who have a child in the compulsory participation phase must ensure that he or she is participating full time in an eligible option, unless:

the parent has a 'reasonable excuse '; or
the young person has a paid job for at least 25 hours each week; or
the young person has obtained an employment exemption under the Vocational Education, Training and Employment Act 2000; or
the Director-General of Education and the Arts has granted the young person an exemption from the requirement that they participate in an eligible option for example, because of illness or home schooling.

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5. Why is the obligation placed on parents?

These obligations during the compulsory participation recognise the important role parents play in young people's lives, and the responsibilities they have for their children.

However, the reasonable excuse defences also recognise that sometimes being a parent doesn 't necessarily mean you can ensure a young person participates in education and training.

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6. What is a 'reasonable excuse '?

The legislation outlines two situations where parents can claim a "reasonable excuse" for their child not participating full time in an eligible option, where:

the young person lives with another parent and the first parent believes, on reasonable grounds, the other parent is ensuring the young person participates full time in an eligible option; or
the parent is not reasonably able to control the young person's behaviour to the extent necessary to ensure the young person participates full time in an eligible option.

These two examples are not exhaustive; there could be other situations where a parent has a 'reasonable excuse '.

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7. Are there any circumstances where there are exceptions to the compulsory participation requirements?

Yes. The compulsory participation phase will not apply to those who:

work in paid employment for a minimum of 25 hours per week, or
have obtained an employment exemption under the Vocational Education and Employment Act 2000.

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8. Are there any exemptions from the compulsory participation requirements?

Yes. There are two situations where the Director-General of the Department of Education and the Arts (D-G) can grant a dispensation from the requirement that a young person participate in an eligible option.

1. Where participation is impossible or should not be required:

the D-G can grant an exemption fully excusing a young person if the D-G is satisfied that:
- the young person can 't participate in any eligible option, or
- it would be unreasonable to require the young person to participate in any eligible option
the D-G can grant an exemption partially excusing a young person from participation if the DG is satisfied that:
- the young person can 't participate in any eligible option at a full-time level, or
- it would be unreasonable to require the young person to participate in any eligible option at a full-time level

2. Where the young person is being home-schooled:

the Director-General of Education, Training and the Arts may grant an exemption if the D-G is satisfied that, during the period of the exemption, the young person will be receiving education:
- provided by the parent or a registered teacher, and
- complying with the requirements set out under a regulation (subordinate legislation).

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9. What does a formal notification of an exemption look like?

A letter confirming an exemption will be provided by the Principal, the Executive Director (Schools), Department of Education, Training and the Arts, or other Department of Education, Training and the Arts delegates.

10. Where should a student go to seek an exemption?

In the first instance, the student and parent/guardian should approach the Principal or Guidance Officer at the school to discuss the reasons for seeking an exemption and initiate the exemption process.

Young people under 16 who have not been engaged with a school for some time should contact the Principal Advisor Education Services in their local Education Queensland District Office to discuss the exemption process.

11. Where can I seek clarification on issues relating to exemptions?

You can ring your local Education Queensland District Office. The District Office can provide you with advice on the requirements of the legislation, and may be able to assist in expediting exemptions for young people.

12. What happens if a 16-year-old refuses to take part in formal learning or a full-time job?

One of the key principles of the reforms is that the government should work with parents to get the best result for young people. While the Education (General Principles) Act 2006 gives the State Government the power to prosecute the parents of children who are not participating in the compulsory requirements, this is a last resort.

Before considering prosecution, schools should work with the young person and his or her parents to get them back into learning by:

giving the young person information about the options available
encouraging the young person to participate in a way that achieves the best learning outcomes for him or her
encouraging and helping the young person's parents to play a role in these matters.

The legislation also outlines other more formal steps that the department must take before prosecution can commence. These include:

giving an 'information notice ' to the parents
taking reasonable steps to meet with the parents to discuss their obligation
giving parents a 'warning notice ' if the meeting isn 't held.

Additionally, a number of local strategies may be used to help young people get back into learning. Youth Support Coordinators across the state can help young people who are risk of leaving school or TAFE.

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13. Does the compulsory participation phase apply to young people who turned 15 or completed Year 10 before 1 January 2006?

No. Young people who turned 15 or completed Year 10 before 1 January 2006 have met their compulsory schooling obligations and are not affected by the new laws and the compulsory participation phase.

14. If a young person is repeating Year 10, is he or she participating in compulsory schooling or compulsory participation?

Any young person who has completed Year 10 or has turned 16 years of age has met the requirements of compulsory schooling. The legislation makes no judgement on the young person's performance.

Therefore, a young person who is repeating Year 10 would be in the compulsory participation phase, provided that he or she completed Year 10 the first time around.

15. If a compulsory participation student says he or she is participating through full-time employment, does the Principal or regional office need any official proof?

In ensuring the best outcomes for the student, the Principal should discuss the full-time employment opportunity with the student. During this discussion, the Principal may assist the student to consider compatible training options that could be undertaken concurrently with employment.

While the Principal may ask to see a letter from the employer, or a payslip, as evidence that the student is engaged in full-time employment, this is not mandatory.

The Principal should also ensure that a learning account (student account) has been opened with the Queensland Studies Authority for the young person. This account will remain open so that the young person can work towards a Queensland Certificate of Education, if he or she wants to, even though they are no longer at school.

The Principal may want to remind the young person (and his or her parents) of their legislated obligation to engage in 'learning or earning' throughout the compulsory participation phase.

Further information about student accounts can be found under the Education Policies and Procedures Register on this website.

The Queensland Studies Authority website also provides information on student accounts and the Queensland Certificate of Education.

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