Abstract
This paper provides an analysis of Australia’s legal provisions and policies regarding truancy. We examine how low frequency truants feature in Australia’s truancy law and policy and highlight similarities and differences in the cultural–legal context between Australian states and territories. Similarities include requirements to attend school from about six to 17 years of age and the legal culpability of (predominantly) the parents for children’s non-attendance. Differences include little consistency in the threshold at which schools in different Australian states and territories are required to intervene once truancy has been identified and disparities in prosecutions and fines. We conclude that harmonising truancy laws in Australia is likely to increase parental understanding and thereby compliance with school attendance laws.
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Notes
Considering that the truancy cases doubled from 1995 to 2007, the current figures may far exceed the 2007 estimate.
Australian territories that are not part of mainland Australia—Ashmore and Cartier Islands; Australian Antarctic Territory; Christmas Island; Cocos (Keeling) Islands; Coral Sea Islands; Jervis Bay Territory; and Territory of Heard Island and McDonald Islands (Australian Government, Undated)—are not part of this exercise.
We opted for Google searches rather than using the search facility on state education department websites, as websites’ search functionality is unlikely superior to Google (e.g. some website search facilities return nil results because the exact name of the document is not provided).
There are minor differences in the terminology used by each jurisdiction.
This is usually a school premises but may be another location, such as a location to participate in approved training or employment.
Or other types of education or participation.
In South Australia, each parent can be culpable (Education Act 1972, s. 76(3)). In other jurisdictions, they do not specify whether it is one or both parents. The term “parents” includes legal guardians and others regarded as parents, such as those from Aboriginal and/or Torres Strait Islander backgrounds who, because of tradition or custom, are “regarded as a parent of the child” (Education (General Provisions) Act2006, s. 10)).
Each Act contains defences that broadly relate to the following: the parent is not aware of the truancy (and the circumstances of their lack of knowledge are reasonable); the parent cannot control the child’s behaviour; or the child is living independent of her or his parents.
This applies to Queensland, New South Wales, Victoria, Australian Capital Territory, South Australia, and Tasmania.
Some Acts present dollar amounts, while others present the fine in penalty units. I have rendered all as dollar amounts (rounded to the nearest whole dollar) for comparability, using penalty unit values as of June 2019 (Australian dollars presented).
I remind the reader that this section describes the wording of the legal provisions regarding truancy, and that there is a gap between law and practice. A Minister’s preferences, state education policies, and decision making at the district, school, and individual level can each influence how laws are applied.
However, offences such as obstructing or hindering an authorised person in the performance of their official duties exist in other Acts in these jurisdictions, which have a general application.
References
Law Cited
Education Act 1972 (SA) §§76(3); 79; 80A-80B.
Education Act 1998 No. 8 (NSW) §§ 22B-22C; 122.
Education Act 2004 (ACT) §§ 11C(2); 16B-16C.
Education Act 2015 (NT) §§ 40(2)(3); 164–165; 171–174;175(5).
Education Act 2016 (Tas) §§ 40; 40(8); 42–43; 45; 52.
School Education Act 1999 (WA) § 26; 36–38.
Ahmad, F. Z., Miller, T. (2015) The high cost of truancy. Center for American Progress. Retrieved from https://cdn.americanprogress.org/wp-content/uploads/2015/07/29113012/Truancy-report4.pdf. Accessed 29 May 2019.
Clugston, H. (2019). “Revealed: Twice as many mothers prosecuted for their children’s truancy than fathers, figures show”. Independent.
Commonwealth of Australia Constitution Act 1900 § 51.
Conry, J. M., & Richards, M. P. (2018). The severity of state truancy policies and chronic absenteeism. Journal of Education for Students Placed at Risk, 23(1–2), 187–203.
Department of Education. (2016). Guidelines: Attendance - Compliance. Northern Territory Government Retrieved from https://education.nt.gov.au/__data/assets/pdf_file/0003/273144/attendance-compliance-guidelines.pdf. Accessed 14 June 2019.
Department of Education. (2018). Attendance matters in South Australian preschools and schools. Government of South Australia Retrieved from https://www.education.sa.gov.au/sites/g/files/net691/f/attendance-strategy-government-preschools-schools.pdf. Accessed 14 June 2019.
Department of Education. (2019a). Attendance advisory panel information: Trainer notes to accompany presentation. Government of Western Australia. Retrieved from https://det.wa.edu.au/redirect/?oid=com.arsdigita.cms.contenttypes.FileStorageItem-id-16240608&title=Attendance+Advisory+Panel+Powerpoint+Notes&stream_asset=true. Accessed 15 June 2019.
Department of Education. (2019b). Attendance policy and process. Tasmanian Government. Retrieved from https://documentcentre.education.tas.gov.au/Documents/Attendance-Policy-and-Process.pdf. Accessed 15 June 2019.
Department of Education and Communities. (2015). Student attendance in government schools - procedures. Sydney: Department of Education and Communities, New South Wales Government. Retrieved from https://education.nsw.gov.au/policy-library/associated-documents/Student-Attendance-in-Government-Schools-Procedures-2015-word-version.docx.docx. Accessed 14 June 2019.
Department of Education and Training. (2011). Attendance at ACT public schools - procedure. Canberra: Department of Education and Training, ACT Government. Retrieved from https://www.education.act.gov.au/__data/assets/pdf_file/0018/311436/Attendance_at_ACT_Public_Schools.pdf. Accessed 15 June 2019.
Department of Education Employment and Workplace Relations. (2014). Improving school enrolment and attendance through welfare reform measure (SEAM) trial (2009–2012). Canberra: Commonwealth of Australia. Retrieved from https://www.dpmc.gov.au/sites/default/files/publications/Improving_School_Enrolment_Attendance_through_Welfare_Reform_Measure_trial.pdf. Accessed 29 May 2019.
Dillon, M. (2017). Adelaide domestic violence mother convicted, fined for failing to send her two children to school. The Advertiser.
Donaghey, K. (2014). “Alethea Solomon of Morayfield charged for teenage daughter Tylea's absence from school”. The Courier Mail.
Education and Training Reform Act 2006 (Vic) §§ 2.1.10; 2.1.11; 2.1.16; 2.1.22.
Education (General Provisions) Act 2006 (QLD) §§ 10; 16; 178(3).
Epstein, R., Brown, G., O’Flynn, S. (2019). Prosecuting parents for truancy: Who pays the price? Retrieved from https://covrj.uk/wp-content/uploads/2019/01/PROSECUTINGParents.pdf. Accessed 29 May 2019.
Fuentes, A. (2012). “The truancy trap”. The Atlantic. Retrieved from https://www.theatlantic.com/national/archive/2012/09/the-truancy-trap/261937/. Accessed 30 May 2019.
Head, B. (2008). Three lenses of evidence-based policy. The Australian Journal of Public Administration, 67(1), 1–11.
Judicial Commission of New South Wales. (2019). Sentencing bench book: Fines. Retrieved from https://www.judcom.nsw.gov.au/publications/benchbks/sentencing/fines.html. Accessed 14 June 2019.
Legislation Act 2001 (ACT) § 133(2).
McIntyre-Bhatty, K. (2008). Truancy and coercive consent: Is there an alternative? Educational Review, 60(4), 375–390.
Monahan, K., VanDerhei, S., Bechtold, J., & Cauffman, E. (2014). From the school yard to the squad car: School discipline, truancy, and arrest. Journal of Youth and Adolescence, 43(7), 1110–1122.
Northern Territory Government. (2019). Territory Revenue Office. Retrieved from https://nt.gov.au/employ/money-and-taxes/taxes,-royalties-and-grants/territory-revenue-office/penalty-units. Accessed 14 June 2019.
Puzzanchera, C., Adams, B., & Sickmund, M. (2011). Juvenile court statistics 2008. Pittsburgh: National Center for Juvenile Justice.
Queensland Government. (2018). Managing student absences and enforcing enrolment and attendance at state schools (Process). Brisbane: Department of Education and Training Retrieved from https://ppr.det.qld.gov.au/education/management/Procedure%20Attachments/Managing%20Student%20Absences%20and%20Enforcing%20Enrolment%20and%20Attendance%20at%20State%20Schools/processes_attend.doc. Accessed 15 June 2019.
Redden, M. (2019). “The human costs of Kamala Harris’ war on truancy”. The Huffington Post.
Sampson, R. J., & Laub, J. H. (1993). Crime in the making: Pathways and turning points through life. Cambridge: Harvard University Press.
Sampson, R. J., & Laub, J. H. (1997). A life-course theory of cumulative disadvantage and the stability of delinquency. In T. P. Thornberry (Ed.), Developmental theories of crime and delinquency: Advances in criminological theory (pp. 133–161). New Brunswick: Transaction Publishers.
Shorten, A. R. (1996). The legal context of Australian education: An historical exploration. Australia New Zealand Journal of Law Education, 1(1), 2–32.
Strauss, V. (2014). “Mother of 7 in jail because her kids skipped school dies in cell”. The Washington Post.
Taylor, M. (2019). “10 parents ordered to pay thousands at court for their children's school absences”. SomersetLive. Retrieved from https://www.somersetlive.co.uk/news/somerset-news/parents-charged-children-school-courts-2880467. Accessed 30 May 2019.
Webb, S. (2017). “All else has failed’ Parents given electronic tags and could face jail if they go out at night as punishment for their kids’ poor attendance at school”. The Sun.
White, N. A. (2007). Parental responsiblity for the illicit acts of their children. Adelaide: The University of Adelaide.
Zhang, M. (2007). School absenteeism and the implementation of truancy-related penalty notices. Pastoral care, 25(4), 25–34.
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A scholarship was received from the Australian Research Council Centre of Excellence for Children and Families over the Life Course.
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Collingwood, P., Mazerolle, L. Parental Responsibilities for Truanting Children: An Analysis of the Laws in Australia. Asia-Pacific Edu Res 31, 71–80 (2022). https://doi.org/10.1007/s40299-020-00539-5
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DOI: https://doi.org/10.1007/s40299-020-00539-5