Northern Territory Numbered Acts Northern Territory Numbered Acts(1) This section applies to a student of compulsory school age whose usual place of residence is in the Territory and who is enrolled in a school that is not a distance education centre.
(2) If the student is a child not living independently, a parent who has daily care and control of the student must ensure that the student attends the school each school day, or each part of a school day, on which instruction is provided for the student.
Maximum penalty: For a first offence – 15 penalty units.
For a second or subsequent offence – 20 penalty units.
(3) If the student is a child living independently, the student must attend the school each school day, or each part of a school day, on which instruction is provided for the student.
Maximum penalty: For a first offence – 1.5 penalty units.
For a second or subsequent offence – 2 penalty units.
(4) An offence against subsection (2) or (3) is an offence of strict liability.
(5) It is a defence to a prosecution for an offence against subsection (2) or (3) if the defendant has a reasonable excuse.
(6) Subsections (2) and (3) do not apply if:
(a) the student is exempted from attending school under this Part; or
(b) the student is directed not to attend school under section 41 ; or
(c) the student is, under Part 5, Division 8:
(i) suspended or expelled from school; or
(ii) excluded from any land, premises or facility occupied or used by the school; or
(iii) excluded from participation in any program or activity conducted by or on behalf of the school; or
(d) a parent of the student or, if the student is a child living independently, the student, gives a reason acceptable to the principal of the school for the student's absence; or
(e) the student's absence is on a day, or part of a day, of significance to the student's cultural background and a parent of the student or, if the student is a child living independently, the student, gives that as the reason for the absence to the principal of the school.