I, JENNY MACKLIN, Minister for Families, Housing, Community Services and Indigenous Affairs, acting under section 124C of the Social Security (Administration) Act 1999 and on behalf of the Minister for Education and the Minister for Employment and Workplace Relations, make this Determination.

Dated 27 January 2009

1 Name of Determination

  This Determination is the Social Security (Administration) (Schooling Requirement) Determination 2009 (No. 1).

2 Commencement

  This Determination commences on the day after it is registered.

3 Definitions

  In this Determination:

Act means the Social Security (Administration) Act 1999.

attendance plan, for a schooling requirement person, means an arrangement entered into between the person and a person responsible for the school at which the schooling requirement child of the schooling requirement person is enrolled that identifies actions to be taken or strategies to be employed in order to encourage adequate attendance at school by the child.

4 Period for which schooling requirement person remains subject to Part 3C under subparagraph 124 (1) (b) (ii)

For subparagraph 124 (1) (b) (ii) of the Act, the period is 13 weeks.

5 Schooling requirement period

  For subsection 124B (2) of the Act, a schooling requirement period is:

 (a) for Division 2 of Part 3C of the Act — the period of time that the first person is required, under a law of a State or Territory, to be enrolled at a school (or a relevant place in relation to alternative enrolment); and

 (b) for Division 3 of Part 3C of the Act — a school term (however described) at any time during which the first person is required, under a law of a State or Territory, to attend the school at which they are enrolled (or the relevant place for alternative attendance).

Note 1   For first person, see subsection 124B (1) of the Act.

Note 2   For alternative attendance and enrolment, see the definitions of attendance and enrolment in section 124A of the Act.

6 Reasonable excuse

 (1) For subparagraph 124G (2) (b) (i) of the Act, the Secretary may determine that a person has a reasonable excuse if:

 (a) that particular excuse is an excuse of a kind mentioned in Part 1 of Schedule 1 to this Determination; and

 (b) the person’s excuse is reasonable in the circumstances.

 (2) For subparagraph 124L (2) (b) (i) of the Administration Act, the Secretary may determine that a person has a reasonable excuse if:

 (a) that particular excuse is an excuse of a kind mentioned in Part 2 of Schedule 1 to this Determination; and

 (b) the person’s excuse is reasonable in the circumstances.

 (3) Nothing in this Determination limits the circumstances in which the Secretary may determine that a person has a reasonable excuse for subparagraph 124G (2) (b) (i) or 124L(2) (b) (i) of the Act.

7 Special circumstances for failure to comply with enrolment or attendance notice

 (1) In determining whether special circumstances apply, for subparagraph 124G (2) (b) (ii) of the Act, the Secretary must have regard to the following:

 (a) the personal and family circumstances of the person;

 (b) any actions or omissions of the Secretary or a person responsible for the operation of a school that have adversely affected the person’s ability to comply with the enrolment notice.

 (2) In determining whether special circumstances apply, for subparagraph 124L (2) (b) (ii) of the Act, the Secretary must have regard to the following:

 (a) the personal and family circumstances of the person;

 (b) any actions or omissions of the Secretary or a person responsible for the operation of a school that have adversely affected the person’s ability to comply with the attendance notice or the person’s attendance plan.

 (3) Nothing in this Determination limits the circumstances in which the Secretary may determine that special circumstances apply for subparagraph 124G (2) (b) (ii) or 124L (2) (b) (ii) of the Act.

8 Special circumstances for payment of arrears of schooling requirement payment

 (1) In determining whether special circumstances apply, for paragraph 124J (4) (b) or 124N (5) (b) of the Act, the Secretary must have regard to the following:

 (a) the personal and family circumstances of the person;

 (b) whether the person’s circumstances prior to the reconsideration day prevented the person from identifying a reasonable excuse for not complying with the enrolment notice or attendance notice;

 (c) any actions or omissions of the Secretary or a person responsible for the operation of a school that have adversely affected the person’s ability to comply with the enrolment notice or attendance notice prior to the reconsideration day.

 (2) Nothing in this Determination limits the circumstances in which the Secretary may determine that special circumstances apply for paragraph 124J (4) (b) or 124N (5) (b) of the Act.

9 Reasonable steps to ensure that a child attends school

 (1) For subsection 124K (2) of the Act, the Secretary must take into account the following when determining reasonable steps for an attendance notice:

 (a) the person’s attendance plan (if any);

 (b) advice from the person responsible for the school at which the schooling requirement person’s child is enrolled on reasonable steps;

 (c) the personal and family circumstances of the person.

 (2) The following are examples of reasonable steps the Secretary may require a schooling requirement person to undertake under an attendance notice:

 (a) negotiate an attendance plan with the person responsible for the school at which the schooling requirement child is enrolled;

 (b) comply with the person’s attendance plan.

Note   These examples are not exhaustive of the kinds of reasonable steps that the Secretary may require a person to undertake.

Schedule 1 Reasonable excuse

(section 6)

Part 1 Reasonable excuses for failing to comply with enrolment notice

Part 2 Reasonable excuses for failing to comply with attendance notice