Queensland Education Code For Homeschooling
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Education
(General Provisions) Act 2006 
SMS-PR-014:
Home Education in Queensland
Home Education is a lawful alternative when considering the education
of children of compulsory school age, or in the compulsory participation
phase, in Queensland.
The compulsory school age
Compulsory school age in Queensland means the child is at least
6 years of age and less than 16 years of age or has completed
Year 10, whichever happens first.
The compulsory participation phase
The compulsory participation phase starts when a young person
stops being of compulsory school age and ends when the person
gains a senior certificate, certificate III or certificate IV,
or has participated in an eligible option for two years after
compulsory school age; or turns 17 years.
A family wishing to homeschool need
not enrol until their child turns 6 on or before the 30th of
June the year they'd normally be entering Year 1, commencing
in 2008.
In 2007, the compulsory age is 6 months earlier, or
turning 6 before the 1st of January, before the start
of the school year in late January.
Part 5 Home education
Division 1 Preliminary
205 Definitions for pt 5
In this part-
home education, for a child, means the education
of the child
provided by 1 or both of the child's parents, or a registered
teacher, primarily at the child's usual place of residence.
provisional registration, of a child for home education,
means
the provisional registration of the child for home education
under section 207.
registration, of a child for home education,
means the
registration of the child for home education under section 213.
standard conditions of registration see section
217(1).
206 Who is eligible for provisional registration or registration
A child who is of compulsory school age, or in the compulsory
participation phase, is eligible for provisional registration,
or registration, for home education.
Division 2 Applications for provisional registration
207 Provisional registration
(1) An application for provisional registration of a child
for home education must-
(a) be made in writing to the chief executive; and
(b) state-
(i) the applicant's name; and
(ii) the child's name and date of birth; and
(iii) the address of the child's usual place of residence; and
(c) be accompanied by evidence, satisfactory to the chief
executive, that-
(i) the child is eligible for provisional registration for
home education; and
(ii) the applicant is a parent of the child.
(2) The chief executive must, as soon as practicable after
receiving the application, notify the applicant that the child
is provisionally registered for home education.
(3) Provisional registration of the child for home education
ends 60 days after the giving of the notice under subsection
(2).
(4) However, if an application is made for registration of
the child for home education during the provisional registration
period, the provisional registration continues until the day
the chief executive notifies the applicant of the chief executive's
decision on the application.
(5) An application under this section may relate to only 1
child.
Division 3 Applications for registration
208 Procedural requirements for application
(1) An application for registration of a child for home education
must be-
(a) made to the chief executive; and
(b) in the approved form; and
(c) accompanied by-
(i) evidence, satisfactory to the chief executive, that-
(A) the child is eligible for registration for home education;
and
(B) the applicant is a parent of the child; and
(ii) a summary of the educational program to be used,
or learning philosophy to be followed, for the home education;
and
(iii) any other documents, identified in the approved form,
the chief executive reasonably requires to decide the application.
(2) Information in, or accompanying, the application must,
if the approved form requires, be verified by a statutory declaration.
(3) An application under this section may relate to only 1
child.
209 Withdrawal of application
(1) A person may, by notice given to the chief executive,
withdraw the person's application for the registration of a child
for home education.
(2) If, under subsection (1), a person withdraws the person's
application for the registration of a child for home education,
the child's provisional registration for home education under
section 212 is cancelled.
210 Chief executive must ensure compliance with procedural
requirements
(1) If the chief executive considers an application for the
registration of a child for home education does not comply with
a procedural requirement, the chief executive must, by notice
given to the applicant, require the applicant to comply with
the requirement within a reasonable period, of at least 28 days,
stated in the notice.
(2) However, the chief executive and applicant may, within
the period stated in the notice, agree to extend the period for
complying with the procedural requirement to a day (the agreed
compliance day) after the end of the period stated in
the notice.
(3) If the applicant does not comply with the procedural requirement
within the period stated in the notice, or by the agreed compliance
day, the chief executive may decide to refuse to grant the application.
(4) If the chief executive decides to refuse to grant the
application-
(a) the chief executive must give the applicant an information
notice about the decision; and
(b) the child's provisional registration for home education
under section 212 is cancelled.
211 Chief executive may require further information or
documents
(1) If the chief executive considers further information or
a document is required for deciding an application for the registration
of a child for home education, the chief executive may, by notice
given to the applicant, require the applicant to give the information
or document to the chief executive within a reasonable period,
of at least 28 days, stated in the notice.
(2) The chief executive may also require the information or
document to be verified by a statutory declaration.
(3) Despite subsection (1), the chief executive and applicant
may, within the period stated in the notice, agree to extend
the period for complying with a requirement under subsection
(1) to a day (the agreed compliance day) after
the end of the period stated in the notice.
(4) If the applicant does not comply with a requirement under
subsection (1) within the period stated in the notice, or by
the agreed compliance day, the chief executive may decide to
refuse to grant the application.
(5) If the chief executive decides to refuse to grant the
application-
(a) the chief executive must give the applicant an information
notice about the decision; and
(b) the child's provisional registration for home education
under section 212 is cancelled.
212 Child taken to be provisionally registered while application
decided
(1) This section applies if an application is made for the
registration of a child for home education.
(2) The child is provisionally registered, under this section,
for home education until-
(a) if the chief executive decides to grant the application-the
day the decision is made; or
(b) if the chief executive decides to refuse to grant the
application-the day an information notice about the decision
is given to the applicant under section 214(2).
(3) The chief executive must, as soon as practicable after
receiving the application, notify the applicant that the child
is provisionally registered, under this section, for home
education.
213 Decision
(1) The chief executive must consider an application for the
registration of a child for home education and decide whether
the chief executive is satisfied the standard conditions of registration
will be complied with.
(2) If the chief executive is satisfied the standard conditions
of registration will be complied with, the chief executive must
decide to register the child for home education.
214 Steps to be taken after application decided
(1) If the chief executive decides to grant an application
for the registration of a child for home education, the chief
executive must as soon as practicable issue a certificate of
registration, for the child, to the applicant.
(2) If the chief executive decides to refuse to grant an application
for the registration of a child for home education, the chief
executive must as soon as practicable give the applicant an information
notice about the decision.
215 Failure to decide application
(1) Subject to subsection (3), if the chief executive fails
to decide an application for the registration of a child for
home education within 90 days after its receipt, the failure
is taken to be a decision by the chief executive to refuse to
grant the application.
(2) Subsection (3) applies if the chief executive has, under
section 211(1), required an applicant for the registration of
a child for home education to give the chief executive further
information or a document.
(3) The chief executive is taken to have decided to refuse
to grant the application if the chief executive fails to decide
the application within 90 days after the chief executive receives
the further information or document.
216 Minimum details to be recorded on certificate of registration
A certificate of registration of a child for home education
must include at least the following-
(a) the child's name and date of birth;
(b) the address of the child's usual place of residence;
(c) the names of the child's parents;
(d) any conditions of registration imposed by the chief executive.
Division 4 Conditions of registration
217 Standard conditions
(1) The registration of a child for home education is subject
to the following conditions (the standard conditions of
registration)-
(a) the child's parents must ensure the child receives a high-quality
education;
(b) a parent of the child must give to the chief executive
a written report on the educational progress of the child while
undertaking home education;
(c) a parent of the child must notify the chief executive
of any change in the address of the child's usual place of residence
within 28 days after the change happens.
(2) A report mentioned in subsection (1)(b) must-
(a) be given to the chief executive at least 2 months, but
not more than 3 months, before each anniversary of the registration;
and
(b) be in the approved form; and
(c) be accompanied by any other documents, identified in the
approved form, the chief executive reasonably requires.
218 Imposition of conditions
(1) The chief executive may, in granting an application for
the registration of a child for home education, decide to impose
conditions on the registration that are relevant and reasonable.
(2) If the chief executive decides to impose conditions on
the registration, the chief executive must as soon as practicable
give the applicant an information notice about the decision.
219 Changing conditions
(1) The chief executive may change the conditions of the registration
of a child for home education imposed by the chief executive
if there is a reasonable basis to make the change.
(2) Before deciding to change the conditions, the chief executive
must-
(a) give notice to a parent of the child stating-
(i) the particulars of the proposed change; and
(ii) that the parent may make written submissions to the chief
executive about the proposed change within a reasonable period
of at least 21 days stated in the notice; and
(b) have regard to written submissions made to the chief executive
by the parent within the stated period.
(3) If the chief executive decides to change the conditions,
the chief executive must as soon as practicable give the parent
an information notice about the decision.
(4) If the chief executive decides to change the conditions,
the change takes effect on the day an information notice about
the decision is given to the parent and does not depend on a
replacement certificate of registration being issued under section
220.
(5) The power of the chief executive under subsection (1)
includes the power to add conditions to the registration of a
child for home education that is not subject to conditions imposed
by the chief executive.
220 Replacing certificate of registration
(1) This section applies if a child's parent receives an information
notice, under section 219(3), about a decision relating to a
change of the conditions of the registration of the child for
home education.
(2) The parent must return the certificate of registration
to the chief executive within 14 days after receiving the notice.
(3) On receiving the certificate, the chief executive must
issue another certificate of registration to the parent to replace
the certificate returned to the chief executive.
Division 5 Cancellation of registration
221 Grounds for cancellation
Each of the following is a ground for cancelling the registration
of a child for home education-
(a) a parent of the child has contravened a condition of the
registration;
(b) the chief executive is not reasonably satisfied about
the educational progress being made by the child;
(c) the child was registered because of a materially false
or misleading representation or declaration.
222 Show cause notice
(1) If the chief executive reasonably believes a ground exists
to cancel the registration of a child for home education, the
chief executive must give a parent of the child a notice under
this section (a show cause notice).
(2) The show cause notice must state the following-
(a) the action (the proposed action) the chief
executive proposes taking under this division;
(b) the ground for the proposed action;
(c) an outline of the facts and circumstances forming the
basis for the ground;
(d) an invitation to the parent to show within a stated period
(the show cause period) why the proposed action
should not be taken.
(3) The show cause period must be a period ending at least
30 days after the show cause notice is given to the parent.
223 Representations about show cause notice
(1) The parent may make written representations about the
show cause notice to the chief executive in the show cause period.
(2) The chief executive must consider all written representations
(the accepted representations) made under subsection
(1).
224 Ending show cause process without further action
If, after considering any accepted representations for the
show cause notice, the chief executive does not believe the ground
exists to cancel the registration, the chief executive-
(a) must not take further action about the show cause notice;
and
(b) must, as soon as practicable, notify the parent that no further
action will be taken about the show cause notice.
225 Cancellation
(1) This section applies if, after considering any accepted
representations for the show cause notice, the chief executive-
(a) still believes the ground exists to cancel the registration;
and
(b) believes cancellation of the registration is warranted.
(2) This section also applies if there are no accepted representations
for the show cause notice.
(3) The chief executive may decide to cancel the registration.
(4) The chief executive must as soon as practicable give an
information notice about the decision to the parent.
(5) The decision takes effect on the day an information notice
about the decision is given to the parent.
226 Return of cancelled certificate of registration to
chief executive
(1) This section applies if-
(a) the chief executive decides to cancel the registration
of a child for home education under section 225; and
(b) the decision takes effect under section 225(5).
(2) The parent must return the certificate of registration
to the chief executive within 28 days after the decision takes
effect.
(3) However, subsection (2) does not apply until-
- (a) the last day to apply for a review of the decision; or
(b) if the decision is reviewed-
- (i) the last day to appeal against the review decision; or
(ii) if an appeal is started against the review decision-the
day the appeal is decided.
-
- (4) In this section-
appeal, against a review decision, means appeal
against the decision under chapter 15, part 2.
review decision see section 392(2).
review, of a decision, means review of the decision
under chapter 15, part 1.
Division 6 Surrender of provisional registration or registration
227 Surrender
(1) A parent of a child who is provisionally registered, or
registered, for home education may, by notice given to the chief
executive, surrender the provisional registration or registration.
(2) The surrender takes effect-
- (a) on the day the notice is given to the chief executive;
or
- (b) if a later day of effect is stated in the notice-on the
later day.
(3) If the child is registered for home education, the parent
must return the certificate of registration to the chief executive
within 14 days after the day the surrender takes effect.
228 Obligation to surrender
(1) This section applies if a child who is provisionally registered,
or registered, for home education stops receiving home education.
(2) A parent of the child must-
- (a) as soon as practicable after the child stops receiving
home education, surrender the provisional registration or registration
under section 227; and
- (b) if, at the time of the surrender, the child is enrolled
by the parent, or an application has been made by the parent
for the enrolment of the child, at a State school or non-State
school-when giving notice of the surrender, notify the chief
executive of the enrolment or application, and the school's name.
Division 7 Miscellaneous
229 Simultaneous enrolment at State school or non-State school
prohibited
(1) A child who is provisionally registered, or registered,
for home education may not be simultaneously enrolled at a State
school or non-State school.
(2) A child is not eligible for provisional registration,
or registration, for home education while the child is enrolled
at a State school or non-State school.
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