By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- School is compulsory in NSW from age 6 until the young person completes Year 10, and then until 17 they must be at school, in approved education or training, or in full-time work (25 hours a week).
- Parents must ensure a child of compulsory school age is enrolled and attends every school day, or is registered for home schooling.
- Explain every absence within 7 days, or it is recorded as unexplained. A principal can record an absence as unjustified.
- Before any court action, the Department works with the family, and can hold a compulsory schooling conference.
- The Children's Court can make a compulsory schooling order; if it is breached, a parent can be prosecuted in the Local Court and given a community service order or a fine.
- School refusal caused by anxiety is treated differently from wagging; ask the school for help early.
- For advice on a compulsory schooling order or prosecution, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in NSW for a fixed $295.
In NSW, parents must ensure a child of compulsory school age is enrolled at and attends school every school day, or is registered for home schooling; children must start school by age 6, complete Year 10, and then, until 17, be at school, in approved education or training, or in full-time work of 25 hours a week. Absences must be explained within 7 days, and where unexplained or unjustified absences continue, the Department of Education can hold a compulsory schooling conference and seek a Children's Court order, with a parent who breaches the order liable to a fine or community service order.
Checked on 23 October 2026 against the NSW Department of Education's compulsory school attendance pages and its fact sheet for parents.
Compulsory school age in NSW
- Starting school: children must start school by age 6.
- Year 10: since January 2010, all NSW students must complete Year 10 (or its equivalent).
- After Year 10 and until 17: a young person must be at school or registered for home schooling, in approved education or training (such as TAFE, a traineeship or an apprenticeship), in full-time paid work (an average of 25 hours a week), or in a combination of these.
- The parent's duty: under the Education Act 1990, parents must ensure that a child of compulsory school age is enrolled at and regularly attends school, or is registered with the NSW Education Standards Authority for home schooling. Once enrolled, a child must attend every day the school is open for students.
- 17 and over: students who are still enrolled must attend regularly to meet their Higher School Certificate course requirements.
Absences: justified, unexplained and unjustified
- Justified reasons may include being sick or having an infectious disease, an unavoidable medical appointment, a recognised religious holiday, or exceptional or urgent family circumstances such as a funeral or Sorry Business.
- Explain within 7 days: parents must give the school a verbal or written explanation within 7 days of the first day of any absence. If none is received, the school records the absence as unexplained. The school may contact you if it has no explanation after 2 days.
- Unjustified absences: a principal can decline an explanation if they do not believe the absence is in the child's best interests, and record it as unjustified, after discussing the decision and the reasons with you.
- Lateness is recorded as a partial absence and must also be explained.
- Frequent illness: a principal can ask for medical certificates or other documents for frequent or long absences put down to illness.
- Travel in term: talk to the principal first; an application for extended leave may be needed, and the days still count as absences. For travel of more than 50 school days, a child may be able to enrol in distance education.
What happens if absences continue
The Department of Education says it works with families first, and may take further action where a child of compulsory school age keeps having unexplained or unjustified absences:
- Support at school: a referral to the school's learning and support team, links to support services, and help from the Home School Liaison Program to develop an Attendance Improvement Plan.
- Compulsory schooling conference: the parents and the child may be asked to attend a conference with the school and agencies to agree a plan, called undertakings, to support the child's attendance.
- Compulsory schooling order: if attendance is still unsatisfactory, the Department may apply to the Children's Court for a compulsory schooling order. The magistrate may order a compulsory schooling conference.
- Prosecution of a parent: where a compulsory schooling order is breached, action may be taken against a parent in the Local Court, which can result in a community service order or a fine.
So a fine is not the first step: it follows conferences and court orders that have not been complied with.
School refusal
The Department describes school refusal (also called school avoidance or "school can't") as different from wagging, because it comes from a child's anxiety about school. If your child is regularly upset about going, refuses to go, or has refused before, talk to the teacher, year coordinator, deputy principal or wellbeing staff, and consider a GP appointment, which may lead to a referral to a counsellor, psychologist or psychiatrist.
Free legal help in NSW
| Service | Number | Hours |
|---|---|---|
| LawAccess NSW (Legal Aid NSW) | 1300 888 529 | 9am to 5pm, Monday to Friday |
If your child's attendance is a concern, contact the principal as early as possible to ask for help.
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in New South Wales is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise you before a compulsory schooling conference, in Children's Court proceedings for a compulsory schooling order, or if you are prosecuted. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the NSW Department of Education's pages on compulsory school attendance (last modified 19 August 2026), school attendance information for parents (updated 21 April 2026) and the school leaving age (updated 27 July 2026), and its fact sheet "Compulsory school attendance: information for parents", on 23 October 2026. The NSW legislation website could not be read that day.