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Truancy Offences (NT)

In the Northern Territory, it is compulsory for children aged between six and 17 to attend school. There are authorised officers, or ‘truancy officers’, employed by the NT government to police school attendance. If a child does not attend school, they or their parent may be guilty of an offence. This page outlines truancy offences in the NT.

Legislation

Truancy offences are contained in the Education Act 2015.

Failure to attend ‘eligible option’

Under the legislation, if a child who is younger than 17 has finished Year 10, they may stop attending school if they are participating in an ‘eligible option’ such as paid employment or an approved education or training program.

If a child under 17 has stopped attending school and is not attending work or training, their parent is guilty of an offence. For a first offence, there is a maximum fine of 15 penalty units. For a second offence, there is a maximum fine of 20 penalty units.  

If the child is living independently and failing to attend an eligible option, they are guilty of an offence and may be fined 1.5 penalty units for a first offence and 2 penalty units for a second offence.  

Truancy from school

Under section 174 of the Education Act 2015, an authorised office who sees a child of compulsory school age in a public place when they reasonably believe the child should be attending school may ask the child to give their name, address and the name of their school. They may ask the child why they are absent from school.  A child who does not provide this information is guilty of an offence and may be fined 1.5 penalty units.

The authorised officer may accompany the child to school or to take other appropriate action.

Compliance notice

Under section 172 of the Education Act 2015, a compliance notice may be given to the parent of a child or to a child who is living independently.

A compliance notice may require the person it is served on to do something in compliance with the Act.

It is an offence to fail to comply with a compliance notice. A parent may be fined up to 15 penalty units for a first offence and up to 20 penalty units for a second offence. A child may be fined 1.5 penalty units for a first offence and 2 penalty units for a second offence.

Failing to give information

Under section 175 of the Education Act 2015, an authorised officer can attend an address between 8 am and 7pm and ask anyone over the age of 14 to provide the details of all compulsory school age children who live at the address and the details of the schools where they are enrolled.  

It is an offence to fail to provide this information. An adult may be fined up to 15 penalty units for a first offence, and up to 20 penalty units for a second offence. A child may be fined 1.5 penalty units for a first offence and 2 penalty units for a second offence.

Failing to enroll child

Under section 176 of the Education Act 2015, an authorised officer can direct a parent to enrol a child of compulsory school age in a school. If the child is living independently, the child can be given the direction.

It is an offence to fail to comply with this direction.  

Controversial truancy policy

After the election of the Country Liberal Party (CLP) in the NT in 2024, the implementation of a new truancy policy sparked controversy. The new NT government deployed truancy officers to police school attendance, issue compliance notices, and hand out fines of up to $370 for failing to get a child to school.

Critics of the policy say it is a direct attack on the rights of Aboriginal families, with many of the fines being issued in remote communities. Community leader have called on the NT government to meet with them to discuss how the issue of disengaged youth can be addressed more meaningfully.

The government said that the policy was a response to the NT’s ‘shockingly low’ school attendance rate.

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Author

Fernanda Dahlstrom

Fernanda Dahlstrom has a Bachelor of Laws from Latrobe University, a Graduate Diploma in Legal Practice from the College of Law, a Bachelor of Arts from the University of Melbourne and a Master of Arts (Writing and Literature) from Deakin University. Fernanda practised law for eight years, working in criminal defence, child protection and domestic violence law in the Northern Territory. She also practised in family law after moving to Brisbane in 2016.