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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-10-28 Daily Xml
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Education and Children's Services (Enrolment and Attendance) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 16 October 2025.)

Mr TELFER (Flinders) (12:22): I rise to speak on this Education and Children's Services (Enrolment and Attendance) Amendment Bill 2025, and to reflect on the speech the minister gave when he was introducing this bill, where it is aiming to strengthen the enforcement of compulsory school enrolment, attendance and participation in South Australia, particularly in cases of noncompliance.

We know that the issues of non-enrolment and non-attendance in South Australia drives the poor outcomes we can see in different areas. We recently saw a report come out around which schools were the strongest ones when it came to attendance, and I will give a shout-out to one in my electorate that highlights this well. I give a shout-out to the Kimba Area School, which is highlighted in reports as having really good, high-level attendance, being either number one or number two in the state.

That also correlates to the positive educational outcomes we have seen delivered by the Kimba Area School. It is no surprise that there is a correlation between the two: attendance is high and outcomes are strong. To see that in a regional school, in particular, as we have at the Kimba Area School, really shows that the culture at that school is strong, that the community is strong, and that the leadership and teaching at the school is strong. That is borne out by the positive outcomes that we are seeing for the school's student numbers and educational outcomes as well. So I give a big shout-out to Kimba Area School, a great regional school that is delivering really good results.

This really does highlight the need for there to be accountability when it comes to school attendance, and that is what this bill is looking to really home in on. It aims to strengthen enrolment. The minister, in his second reading speech, noted a slight improvement in school attendance from 2022 to 2024. We do note that, unfortunately, it is still remaining below the pre-COVID level. We are facing a situation at the moment where the percentage of school attendance is still not back to the pre-COVID level, so it is something that certainly needs to have the attention of decision-makers.

It has also been concerning to hear that the number of children attending school more than 90 per cent of the time is significantly lower than pre-pandemic levels and that a small number of children are not enrolled at school at all. This is something that is obviously front and centre and something that I am sure both sides of the aisle have eyes on, because the future prosperity of our state is really hinging on the education that the next generation are getting and that our schools are delivering.

The bill aims to address issues of non-enrolment and non-attendance by, firstly, introducing statutory written warning notices prior to commencing prosecution for non-enrolment or non-attendance, putting in place measures to make sure there is a step-by-step escalation; reducing the notification period for parents to notify a school of absences from five to three days; and removing from the act an exemption that enables students to not attend school for fear of them being affected by an infectious or contagious disease. The minister in his explanation said that this only exists in South Australia, so I will have to take his word for it as I have not done my cross-jurisdictional research.

The bill also seeks to clarify and expand the range of information that the chief executive requires for non-attendance to include medical, psychological and social wellbeing reports and allied health referrals. The bill also aims to increase the power of authorised officers attending residential premises to require certain information about a compulsory school-age child, rather than just request it.

In considering our position on this bill, I know that the shadow minister in the other place, the Hon. Heidi Girolamo MLC, has done a lot of legwork to ensure that the consultation process has been vigorous for this bill because obviously there is a range of different arrangements with schools in South Australia—we have the Catholic sector, the independent sector and the public sector. I understand that the Association of Independent Schools of South Australia provided feedback in the consultation that preceded this bill and they have no objections to the proposed legislation.

I also understand, from talking with the shadow minister about this subject in particular, that Catholic Education South Australia have indicated their support, while also flagging their strong belief that providing support for families should come before the imposition of penalties. I think this is the crucial balance that needs to be made when it comes to education: if there are students who are in a situation where their non-attendance or non-enrolment comes to the attention of the department, the first step should be trying to ensure that supports are in place for those families because there might be some really tragic, sad or other reasonable excuses for that situation, and there needs to be understanding.

I know that Catholic Education South Australia also highlighted the necessity for prioritising proactive, relationship-based collaboration with families to address attendance barriers, not just making carte blanche decisions based purely on the situation on a piece of paper. I understand that Catholic Education South Australia have also warned that the imposition of fines may disproportionately affect vulnerable families, emphasising an equity-focused approach to informing policy implementation and early intervention and engagement.

There are a few different aspects of this bill. The opposition, in principle, supports this bill because we are looking at the intention of what it is trying to achieve but we are also aware there are a few different aspects we are looking for clarity on when it comes to our consideration of this bill. The expansion of powers to authorised officers is one, and this is obviously an increased level of ability for these authorised officers to require, as I said, rather than to just request.

Also, in consideration of this, in the committee stage in particular, we need to consider the impacts on disadvantaged families, the range of fines and the legal consequences that can be imposed and also some of the other impacts that this bill could have inadvertently. This is where, when it comes to our decision-making and law making, we need to ensure that the legislation is fit for purpose.

On the weekend, I was watching 60 Minutes—and we have seen this in a number of different news articles recently—and saw the expanded number of homeschooled children right across Australia, including in South Australia. That interaction between the education department and families who decide to school their children at home also needs to be unpacked a little bit.

As far as my perspective goes, the core essential foundation as to who we are as a society is built around family and making sure that families are the ones helping drive the future outcomes of their children in education, health and a range of different aspects. Government is there as a safety net, as a support structure, because we know there are times when that family unit can break down and government can be there to support it. The intrinsic value that we have on this side is that the family unit should be the core driver for outcomes. That is the balance we need to make sure we are making when it comes to legislation that we are considering.

As I said, on this side, we are broadly supportive of this legislation and the changes that it is looking to bring in. Through the committee stage, we look forward to seeking some clarity on a few different aspects of this legislation. With that, I commend the bill.

Ms SAVVAS (Newland) (12:32): I am always really pleased to be able to speak in the house about the strength of our schools and particularly as an MP who represents 15 schools, which is actually quite a lot for a metropolitan electorate. I visit all of them really regularly and I would like to acknowledge the role that our educators and support staff play in creating safe spaces for our students. I think it is really important for us to acknowledge that.

A couple of weeks ago, I went along to an event celebrating Department for Education staff. One of the teachers told the story of how they were invited along as a student's special person on Special Persons Day—the kid invited their own teacher. I think that goes to the importance that teachers, support staff, SSOs, etc., play in the lives of our young people and, of course, also to the importance of having a village assist to raise your children in whatever way that village may look for you and your family.

This bill is really important. It makes modest but important changes to the act to strengthen the effectiveness of the current scheme for the enforcement of compulsory enrolment, attendance and participation of South Australian children at schools and other approved learning programs. I do not think we can possibly overstate, particularly in an increasingly complex world, the importance of attending school.

More and more we are seeing the impact of our new world on young people. I am someone who is incredibly proud of the work that we are doing to ensure that social media stays out of the hands of our kids. I am probably one of the only ones, at least on this side of the house—there may be one or two elsewhere in the parliament—who was actually raised on social media. I was on Myspace in primary school and I remember getting my first Facebook account when I was in year 8.

I have seen firsthand the impact that had on me and my friends, particularly as a teenage girl. I say it a lot that there is literally nothing worse than being a teenage girl, with all the pressures that you have around you, but particularly being a teenage girl for me with all my friends on social media, whether it was comparisons of outfits, how much was being spent on a party, all of those sorts of things. I was raised in a generation where that was on show for the first time.

I have seen firsthand the impact on so many of my friends—on their self-esteem and their mental health more generally—and it is as a result of being raised in that generation that I am so vehemently opposed to children being on social media. I am also someone who still has two teenage brothers and six teenage cousins, and I have seen firsthand what that next level is doing to our kids and what school is starting to look like again only now that phones are being banned too.

School is supposed to be a safe place for our children. It is a place where children are given their education in a clear, objective, moderated environment, safe from the perils of the outside world, particularly those perils that are put in such a way on social media. It is also a safe place for friendships, for building relationships, for learning to connect with others.

I think it is also really important for us to acknowledge the safe place that it can be for those who are struggling at home. Although of course, for the most part, there are lots of people being raised by healthy, happy, supportive families, we know that that is not the case for every child and that school can be a really safe escape for those who do not have safe spaces at home. I think it is really important that we acknowledge those students here, those students who we, as a government, well and truly have a duty to protect.

This change aims to address various issues which have been identified, to enforce the current arrangements and ensure procedural fairness for those parents who may be considered for prosecution. There has already been a public consultation, including through the YourSAy website earlier this year, and also strong levels of engagement compared with consultation on similar legislative reforms in the past.

In addition to the proposals in the bill, the consultation also sought views on two changes to the regulations regarding enrolment and the powers of authorised officers to address related issues with respect to the enforcement of enrolment and attendance requirements. I think it is really important that we acknowledge that alongside balance. One of the main changes is that we require written notice to be sent to a person responsible for a child before proceedings are commenced.

I think it is really important that we acknowledge that there could, of course, be a number of reasons why a student is not attending school. One of the things that has been listed here is removing the list of valid reasons that a child missed school, because there are already provisions in the act for medically compromised children, for example. There are lots of reasons why a student may not be attending school. It may be because of inaction by the parents, it may be complications at home, it may be mental health issues of the student. I think it is really important that we do have that balanced position where we are supporting children to return to those environments in a way that suits them.

I know, for example, that at one of my local schools, Modbury High School, they have an incredible FLO program, an alternative education program for those students who are unable, for whatever reason, to engage in a traditional formalised high school environment. There are a lot of other schools that do offer similar pathways, whether it be for the entirety of that education or whether it be a follow-through process to return those students to school. I think that balance when we are having that conversation is really important.

The bill is also empowering authorised officers who are visiting homes to require information from parents so that there is consistency as to those visits, and the authorised officer should require it when a child is at a public place at a time when they should be attending school. Of course, when we refer to public places, I am sure we have all seen students going to shopping malls, etc., in their school uniform in the middle of the day. You might have a bit of a look at them and wonder what is going on there.

It is really important that everyone plays a role in having that conversation and ensuring that those children are attending school. It also clarifies that authorised officers must take all reasonably practical steps to ensure a child's attendance. Adding the word 'reasonably' helps make it clear that authorised officers are expected to do what is practical to make sure a child attends, while retaining the focus on ensuring attendance.

Again, I would like to acknowledge all those individuals who play a role in that. I am sure that as members of parliament you have all received inquiries from either schools or parents about students' non-attendance. I would like to acknowledge, particularly at my high schools, the way that our teachers, our principals, those in leadership—at least in my community, I know firsthand—go above and beyond in supporting children back into that schooling environment or supporting their parents to get those students back into the schooling environment.

Again, we know that now, in 2025, young people's mental health is worse than it has been in generations gone by, particularly with the influence of things like social media, and that of course when an individual, for example, is being bullied on social media or bullied at school, that access to Facebook, Instagram, etc., when they go home means they do not often have that reprieve in the way that they have had in generations gone by.

That is why it is so important that the federal government are making the social media reforms and that we continue to do what we can as a state government to ensure that children are protected, that students are protected and that school is a safe place for students to be. I think that that is important to acknowledge—the role that people play, that teachers play, that support staff play, that counsellors and student psychologists all play in ensuring that pathway is viable for students to go back to school when perhaps they do not feel that school is a safe place for them.

There are also some other things that were looked to be considered outside of the draft legislation. Some of the things that respondents mentioned were that parents were only having the option to enrol their child in a South Australian school unless an exception applies. They also noted that they wanted to best support all South Australian students to attend a South Australian school. There were also questions about whether fines should be introduced for parents who fail to enrol their child in a school, fail to ensure they attend or fail to respond to reasonable requests for information about their child.

As a result of the feedback received during this consultation period there will be further work undertaken, particularly with respect to exploring expiations. I do think that that is really important. The member for Flinders mentioned before about how, of course, an expiation may be seen to disproportionately affect a vulnerable family, particularly those vulnerable families who may be more at risk of having their children not attend school. So I think it is really important that we do pursue that further work.

There was also the question of interstate enrolments to look into. Again, I think that is really important to consider when we think about things like separated families. In my own community I have seen examples where parents have broken up and are undergoing, perhaps, custody proceedings and both of those parents are trying to engage in the best way to enrol their child at school—perhaps a local school or perhaps one wants to move interstate, etc.—and I think it is very important that we consider that as we move forward as well.

We know that when a child is not enrolled in school or is not supported to regularly attend school they will be denied the opportunity to achieve their best and to contribute to society in a meaningful way. We know it can have short and long-term impacts not just on their prospects in things like the job market but also on their safety and their wellbeing, and that includes their mental wellbeing.

I think it is really important that we here in this place—the entirety of our parliament—do not ignore these things, that we ensure we work as well as we can to address them, that we continue to support students to be the best they can and to be in a school environment that nurtures their strengths and gives them that safe place and that we continue to pursue pathways that help those students get back into the formalised school environment in the way that best suits them. So I am really, really happy to be supporting this today.

Mr HUGHES (Giles) (12:43): I also rise to support this bill. In so doing I acknowledge there is a little bit of irony involved, given that I was one of those students who spent a fair amount of time not at school in the latter stages. Indeed, I had this unnerving ability to manage to get expelled from schools, two in particular: one for being, I would like to say, a rebel, and the other for being a ratbag. When I was the ratbag I often did not turn up, and the school eventually had enough, and the principal came around to speak to my mum and dad and said, 'We're going to expel your son.' He did say I could come back the next year if I mended my ways, but as a result of that I spent nearly 10 years as a labourer instead of going to university.

I never regret that. I think it was an incredibly valuable grounding in life. But I do recognise, as a parent of three children who fortunately did not replicate my behaviour and who went all the way through the public education system in Whyalla, how important it is that children do attend school on a regular basis. Clearly, not all children do. It has been flagged here that there can be a range of complex reasons why that might be the case.

Indeed the communities that I represent have had some educational challenges. The Whyalla Secondary College brought together 10 other schools: seven primary schools, because year 7s became high school students, and three high schools; two junior high schools fed into a senior high school.

All those kids from all those schools in one hit started at the brand-new Whyalla Secondary College. It coincided with the period of COVID and the impact that had. It would have been far more sensible, I believe, for the education department to have staggered the creation of the student body at the new school, starting, say, with years 7 and 8 and then working your way through, but that was the situation.

As a result of that situation, there was patchy attendance. There was a whole range of other issues. There were suspensions, there were clashes of all sorts, and the school at that time got some poor publicity. I am pleased to say that things have settled down and it is a lot better than it was but it indicated that there was a set of circumstances there that, in itself, led to some of those children—they might not have felt safe or it could be a whole range of other reasons—not attending school during that period.

In other parts of my electorate, at some of the schools: Roxby Downs sometimes has a particular issue given the shift patterns in Roxby Downs with the seven on and seven off. It was one of the discussions I used to have with the teachers and with the excellent then principal at the school, how some parents, during that seven days off, would sometimes take their kids out of school to go away on short holidays. That had implications for those students, their long-term education and what they hopefully might be able to attain.

Of course, I have the APY lands in my electorate: very small communities, very remote communities where English might be the second or the third language. It has a whole range of particular challenges when it comes to education. The teachers in the main, throughout our system, are dedicated and do try to do the right thing.

Sometimes kids do not attend school because some parents do not value education and that can be for a range of reasons but, as the member for Flinders has indicated, sometimes there are complex issues going on within families. You want to address the problems but you do not want to take a heavy-handed, punitive approach because that can often make the issue worse. In the extensive consultation that was carried out, whether fines can be used as one of the options in order to modify behaviour, there were some real question marks about that. There is that real prospect that the people who are already socio-economically disadvantaged would be further hit. It does need solid engagement with families and sometimes that is beyond the education system. Indeed, it often is beyond the education system to address some of those particular issues.

It is flagged in the bill that these are modest but important changes. It is an issue that schools have grappled with. I have had some parents who have separated. One of the parents will come to me because the other parent has responsibility for the children, and the children are not turning up to school for a variety of reasons. Other families have their own particular set of circumstances that lead to some difficulties.

As has already been mentioned, the impact of COVID has had a significant impact on children attending school—and this is a national issue—where school attendance obviously did drop off during COVID for very understandable and needed reasons. Subsequent to COVID, the recovery period and afterwards, the number of children attending schools nationally did drop off. Some ended up being home educated, but others just got out of that habit of being in school and engaging with their peers.

One of the changes is requiring a written notice to be sent to a person responsible for the child before any proceedings are commenced. That is an entirely reasonable thing. As has been flagged, that is a basic element of procedural fairness. I think that is a protective element that is important. It also clarifies the information that the parents have to provide. You need to get a picture of what is going on in that child's life, so I think it is a reasonable step. It also removes the list of valid reasons, and it mentions contagious diseases, infections, infectious diseases, and points out that that is actually already covered elsewhere. They are important changes.

It also reduces the amount of time available to a parent to explain exactly what is going on from five days down to three days. It also empowers authorised officers when visiting homes to require information from parents, and clarifies that officers need to take all reasonable and practicable steps to get things back on track.

Over the years, I think there have been some issues when it comes to the resourcing that is necessary to ensure that children attend school. In the past, certainly, there have been times when the effort has not been commensurate, the resources have not been commensurate, with the challenge that we face. We all know—I think most of us know in this chamber—the value of education, and wanting to ensure that all kids get to develop their potential.

Certainly not the exclusive element but one incredibly important element is what happens in the school setting. If our children are not in that setting, if they are away without a valid reason on a regular basis, it is going to have an impact. It was alluded to that the world is becoming more complex. When I got expelled from school, my dad made sure I turned up at the shipyard a few days later and got a job as a painter and docker. You could do that in those days. You could walk into a place with no skills, with no tickets, and get a job. That world has largely gone.

There is that wider issue when it comes to society as a whole. Not only does the child missing school impact on that child's life—and that impact could be incredibly prolonged—but it also deprives society more generally of what might have been if that child had attended school on a regular basis, and whether that child would then, with regular attendance, go on to get a trade, to get a job with some skills, to go to university, to go to TAFE.

There is something incredibly important here around equity. Not exclusively but often it is in areas with more of a socio-economic challenge, where kids are not thriving in the way that we would like to see them thrive. We need to be doing all we can to give all of our kids every opportunity in life, and school is an important part of that.

Addressing attendance at school is one element of that. If we do not do that in a decent and proper way, if we do not allocate the resources and the time to invest in families, whether it is through the education department and the relationships between the school and the family or, in some cases, that wider group of agencies that might be involved with the family, we are running the real risk of disadvantaging that child for many years to come. Even though these are relatively modest changes, they are important changes. I commend the bill to the house.

The Hon. K.A. HILDYARD (Reynell—Minister for Child Protection, Minister for Domestic, Family and Sexual Violence, Minister for Women) (12:56): As has been expressed, this bill makes modest but really important changes to the Education and Children's Services Act 2019. I thank the Minister for Education for bringing this bill to this place. These changes are designed to strengthen the effectiveness of the current scheme relating to the compulsory enrolment, attendance and participation of South Australian children at school.

We know that deep engagement in supportive and inclusive education can absolutely change a person's life. For children and young people, we know that attendance at school in those early years sets the foundation for a successful future adulthood and also creates the conditions in which children and young people can mentally, emotionally, physically and socially thrive. Schools are places where children and young people learn to write, to read, to explore concepts, to better understand the world, to innovate and to create. They are also places where children and young people learn to connect with other children and supportive adults, to contribute to collective learning and interactions, and to embrace routines and diverse experiences and people.

Schools are also places where layers of protective factors are in place and where risks to children and additional supports required can be identified. For many children and young people, as was the case for me when I was at school, schools are places where children find a sense of belonging, a community family, deep comfort and understanding that they are not alone. For some children, positive engagement with school, great teachers, SSOs and other staff can be the most consistent and nurturing aspect of their lives.

I come from a long line of teachers, who, I know, each approach their vocation with a deep sense of wanting to be there for the kids who need us most, who want to be that steady person in a young person's life, who meets them where they are at and encourages them. My older brother, Luke, has taught for decades and decades. He coordinates Aboriginal education at Sacred Heart College and has pretty much undertaken most of the teaching and many of the teaching leadership roles there for many, many years. I am really proud of him.

Wherever I go, I am asked by young people all the time if I am Luke's sister. I do not understand why they do not ask if he is my brother. Every time they ask—every single time—their faces light up, and they talk about what a difference he made for them, that he was the person who saw them, who was there for them. I seek leave to continue my remarks.

Leave granted; debate adjourned.

Sitting suspended from 12:59 to 14:00.

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