Belinda Moore

I’ve been looking at the legal stuff a bit lately as it’s always changing. I’m often getting emails and phone calls asking me about Queensland homeschooling laws, so thought I’d write about a few of my findings here.

Following a review of home education legislation in 2003, a new Act was passed by parliament in August 2006. Yet, an estimated 80% of Queensland homeschoolers still aren’t registered. Since the development of the Home Education Unit and new registration process, few families have decided to become legal homeschoolers.

For families who have not been in the school system, this seems to be fine. It’s when families are taking children out of school (or quitting Distance Ed) that the Education Department have asked questions.

In the Education (General Provisions) Act 2006, Chapter 9 Part 1 Division1 176(1) it states that, “Each parent of a child who is of compulsory school age must - (a) ensure the child is enrolled at a State school or non-State school; and (b) ensure the child attends the State school or non-State school, on every school day, for the educational program in which the child is enrolled; unless the parent has a reasonable excuse.”

If the Education Department is notified that your child is not attending school, and they discover that that child is not registered for homeschooling, they will send you a letter requesting an explanation and outlining your responsibilities. If this letter is ignored, they will send you a letter requesting an appointment for an interview. If you still have no contact with the department, you might be fined. They don’t just find you and fine you.

To clear up some confusion regarding the penalties - the first offence is 6 penalty units, which is 6 x $75 and second and subsequent offences are 12 penalty units, which is 12 x $75. The details of this are in the same act quoted above, but Section 179 - Limits on proceedings against a parent. The info about penalty units is in Section 5 of the Penalties and Sentences Act 1992 (Qld). It’s a very rare occurrence for the Department to take families to court.  Historically, I believe that it has only happened with regard to family law issues (where separated parents disagree about home education) or when neglect or abuse are apparent.

From 2008 the compulsory school starting age has risen to 6 years 6 months, so that buys some time for many families looking into homeschooling to do some research and make a decision about registration.

Benefits of registration include the practical support of the Unit, eligibility for the Education Tax Refund, eligibility for Parenting Payment and access to the Textbook and Resource Allowance. Common complaints about the registration system include controlling behaviour by staff at the Unit, the unsatisfactory reporting process (described as jumping through hoops by many) and a lack of understanding about the Natural Learning philosophy.

If you do end up registering, talk to the Home Education Unit about programs of Natural Learners on their books. These might not be included in samples they usually share, but I know Natural Learning families who are registered in Queensland.
The website for the Home Education Unit explains thoroughly what your rights and responsibilities are as a home educating parent. Remember that the majority of Queensland homeschooled children aren’t registered and their families are busily getting on with their home education journeys under the radar. Once you enter the system, it’s difficult or impossible to change your mind and become unregistered homeschoolers.

Resources:
The Home Education Unit
Unit A, Level 1
52-54 Manning Street
South Brisbane
Phone: 07 3405 3916 or 1800 677 176 (outside Brisbane)
Fax: 07 3405 3914
PO Box 3710
South Brisbane BC Q 4101
Email: homeeducation@deta.qld.gov.au
http://education.qld.gov.au/homeeducation

Education (General Provisions) Act 2006 - http://www.legislation.qld.gov.au/LEGISLTN/ACTS/2006/06AC039.pdf

I hope some of this helps parents currently researching homeschooling in Queensland.