2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR EDUCATION AND TRAINING

EDUCATION AMENDMENT (YOUTH PARTICIPATION) BILL 2009 

SERIAL NO. 59

EXPLANATORY STATEMENT

GENERAL OUTLINE

§	This Bill seeks to amend the Education Act to encourage young people to participate in productive pursuits. 
§	The Bill proposes that all young Territorians be required to complete year 10 at school and then participate in approved education, training or employment or some combination of those, until the age of 17 years.
§	The Bill seeks to implement in the Northern Territory a youth participation requirement agreed to by all states and territories, intended to maximise young people’s engagement with education and training pathways.

NOTES ON CLAUSES

Clause 1.	Short Title

This is a formal clause which provides for the citation of the proposed legislation.  The Bill if passed and assented to would be cited as the Education Amendment (Youth Participation) Act 2009.

Clause 2.	Commencement

The new legislation would come into effect on 1 January 2010. All jurisdictions have agreed to implement the new measures with effect from that date.

Clause 3.	Act amended

The Bill seeks to amend the Education Act.

Clause 4.	Amendment of section 4 (Definitions)

Sub-clause (1) seeks to repeal the current definitions in the Act for the following terms:

child of compulsory school age,
Department of Education, 
Secretary and 
this Act.

Sub-clause (2) seeks to replace them with two new definitions.

The first is a definition of 
compulsory school age, which refers to the period as set out in a proposed new section 20A describing the circumstances where a child is considered to be a child of compulsory school age.

The second is 
eligible option, which refers to the proposed new section 20A (3) (a). That new section specifies the activities which will be considered to be eligible options for young people to engage in for the purposes of participation under the new legislation. These eligible options for participation are approved education or training or paid employment, or a combination of those.

Clause 5.	New section 20A

This clause of the Bill proposes the insertion into the Act of a new section 20A - Compulsory school age.

In the Act as it currently stands, a child who has attained the age of 15 years may leave school. Sub-section (1) of the proposed new section 20A provides for a new concept of the age of schooling required for young Territorians. Currently children are of compulsory school age from the time they turn 6 years old and that remains the same in this Bill. But as proposed in this Bill, they would continue to be of compulsory school age until they reach the minimum school leaving age, which is defined in the next sub-section. 

The proposed new section 20A sub-section (2) provides that a child may leave school after they complete year 10 of secondary education or reach the age of 17 years, whichever occurs first. 

However, sub-section (2) is subject to the proposed sub-section (3). It says that a child who has completed year 10 and is below 17 years of age is still a child of compulsory school age unless they participate full-time in approved education or training, in paid employment or a combination of any of those. A child may be excused from this participation in special circumstances as set out later in the proposed sub-section (7).

The proposed sub-section (4) would provide that a young person does not go back to being a child of compulsory school age merely because the child’s participation is interrupted for periods of 3 months or less in any 12 month period. This provision is intended to allow for those situations where for example a young person finishes a school year and goes on to university or other training but experiences a gap of several weeks between the end of schooling and the start of the academic year. Such a student would not be required to begin full-time work during that period, although of course they may do so if they wish. This situation would not arise for a university student going on from one academic year to another because they would continue to be enrolled.

Proposed sub-section (5) provides a definition of what would constitute completion of year 10 under these proposals. The definition allows for the completion of year 10 of secondary education in other jurisdictions to be recognised. It also allows for recognition of the completion of education considered acceptable to the Chief Executive Officer in special circumstances. It is envisaged that such circumstances might arise when a particular child such as a child of defence forces personnel has undertaken studies in more than one jurisdiction. Sometimes it may be unclear whether they have completed all the requirements for year 10 in any one jurisdiction. There are also situations where a child has come from overseas and others where a child’s study is affected by long-term illness. Under the terms of the Interpretation Act, the Chief Executive Officer is the person holding or occupying the office of the Chief Executive Officer of the Northern Territory Government Agency administering this provision of the Education Act. 

Sub-section (6) would ensure that the Act as amended would automatically accept certain kinds of education and training as approved education or training. These automatically approved courses include year 11 or 12 schooling offered in the Northern Territory or their equivalents in other jurisdictions; university courses; accredited employment and training courses and apprenticeships, and other courses of education or training approved from time to time by the Chief Executive Officer of the government agency administering the Act. 

This would be done in an instrument signed by the Chief Executive Officer and published in the Government Gazette.

Sub-section (7) proposes that the Chief Executive Officer could exempt a child from the requirement to participate if it is considered necessary to do so in special circumstances for whatever time is considered necessary. This provision is included for such situations as a young person becoming seriously ill or needing long-term medical treatment, or in other circumstances where none of the eligible options for participation is appropriate for a particular child.

Sub-section (8) proposes that the amended Act allow the making of regulations about what constitutes completion of year 10 and what are eligible options for youth participation. 

It is envisaged that from time to time, new courses of study and new training programs will be developed that offer acceptable and appropriate year 10 completion and participation options for young Territorians. It would be impractical to include all these items separately in the Act, and it is proposed that they be set out in regulations made under this section of the Act. 

Their inclusion in the regulations would facilitate recognition of other kinds of education that are considered acceptable for young people, including for example what is commonly referred to as “home schooling” and the education provided in Indigenous communities for training young people in traditional knowledge. It would also allow for recognition of other educational pursuits such as studies undertaken during student exchanges.

The proposed sub-section (9) provides that for the purposes of the youth participation requirement, subject to the regulations, if a young person is working for an average of 25 hours or more in paid employment, then that will constitute full-time employment.

Clause 6.	New section 22A

This clause proposes a new section 22A Parents to ensure participation in eligible option.

The proposed new section would require parents of young Territorians who have have completed year 10 but not yet reached the age of 17 years, to ensure that their child participates in one or more eligible options; that is, education, training, employment or some combination of those. Sub-section (1)(b) makes it clear that this obligation does not apply if for some reason the child is exempt from the requirement to participate. The penalty proposed for non-compliance with this provision is low, as are other penalties provided for in the Act. 

Although it is desirable that parents cooperate with these measures for their children’s benefit, in practice, the parents of, say, a reluctant 16-year-old may be hard pressed to ensure the child participates. Consequently in the proposed sub-section (3) there is a provision offering a defence to a prosecution under this new provision. However also in practical terms, I understand that such a child will be unlikely to be able to access benefits under the terms of the Commonwealth Government’s new Centrelink arrangements. Such a child will have to go back to school, training or take up employment until they turn 17.

Clause 7.	Amendment of section 30 (Employment of children)

This clause proposes the insertion into the Act of a provision to ensure that young people may seek employment and employers may give them paid work, once the young people have fulfilled the requirement for completion of year 10 of secondary education.

Clause 8.	New section 31A

This clause proposes that a new section be added to the Act to facilitate inquiries as to whether a young Territorian is complying with the participation requirement.

Sub-section (1) of this proposed new section would give the Chief Executive Officer the power to make such inquiries as he considers appropriate about a child’s participation in an eligible option. 

Sub-section (2) would provide that the Chief Executive Officer may ask questions of a person such as an employer or the provider of another eligible option such as an educational program. This provision is necessary so that the Chief Executive Officer can determine whether a particular young person is actually participating in an eligible option such as employment. 

Under sub-section (3) the Chief Executive Officer must make his request for information in writing. In practical terms, he would specify some reasonable time limit for a response. 

Sub-section (4) provides that the person from whom the information is requested must comply with the notice. There is provision for a penalty to be imposed if the person does not comply with the notice. The penalty is more substantial because if such a person does not provide the necessary information it may prejudice the outcome for the child concerned.

Under the proposed sub-section (5) the Chief Executive Officer would also be empowered to ask the child directly for relevant information about their participation. However there is, deliberately, no penalty provided for a child who does not comply.

Sub-section (6) would provide that the Chief Executive Officer is not limited to the particular measures set out in sub-sections (2) and (5) in conducting his inquiries about a child’s participation.

Sub-section (7) would define provider, as used elsewhere in the new provision in relation to eligible options. The term provider would mean a child’s employer or the person who provides an approved course of education or training in which a child is engaged.

Of course under the terms of the Information Act and the privacy provisions, any information acquired by the Chief Executive Officer or an employee about a child under the proposed new legislation may only be disclosed in specific circumstances and may only be used for the defined specific purpose.

Clause 9.	Repeal and substitution of section 75

This clause proposes a new section 75 conferring on the Administrator powers to make regulations under the Act. It is much simpler and does the same thing as the existing section 75, bringing it into line with similar amendments being made in other Northern Territory legislation. 

This amendment is of the kind normally proposed in Statute Law Revision legislation. There are a number of other minor amendments contained in the Schedule to the Bill, and I will discuss them in due course.

Clause 10.	New Part 11

This clause proposes a new Part 11 be included in the Act with a transitional clause. The new Part 11 would contain a new section 76 - Application of amendments.

The new section 76 proposes that young Territorians who have turned 15 years of age before the commencement of the new legislation on 1 January 2010 will be exempt from its provisions.

This clause is included for young people who now at school and are approaching the age of 15 and the current school leaving age. These students and their parents will have made decisions about their futures based on the law as it is at present. It seems unfair that they should be subject to the new provisions which would in effect apply to them retrospectively. Consequently, the Bill proposes that for this cohort, and this group alone, there will be no obligation to participate in terms of the new legislation when it takes effect. Of course these students will be able to participate voluntarily and they are strongly encouraged to do so.

Clause 11.	Further amendments

This clause proposes a schedule of minor amendments. The amendments proposed in the schedule to the Bill are of the kind normally contained in Statute Law Revision legislation. 

There are a number of minor amendments included to take account of changes in the Interpretation Act, particularly recent amendments concerning subordinate legislation. The Bill also proposes that references in the Education Act to the Department of Education and to the Secretary of the department be updated. The Bill proposes that they be replaced with the current terminology, Agency instead of the current name of the department concerned, and Chief Executive Officer for the officer leading that department.

There are no policy implications in these proposed amendments.