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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-11-14 Daily Xml
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EDUCATION (COMPULSORY EDUCATION AGE) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (18:02): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Education (Compulsory Education Age) Amendment Bill will amend the Education Act 1972 to ensure all young people in South Australia are in school, training or work until they have completed a qualification or turn 17 years of age.

The Bill is a key part of the Government's commitment to better prepare all young people for the future and an important plank in the Government's broader reform of the State's education and care legislation.

This Government made history when the school leaving age was raised from 15 years to 16 years from the start of 2003. To support this legislative change, the Government injected $28.4 million into the school retention initiative working to improve the outcomes for young South Australians.

This new legislative reform is the next step in the Government's $84 million 'school to work' package of education reforms to give every young South Australian the best chance of success in life. It is part of a plan that includes 10 new trade schools for the future and a new SACE certificate for senior students, which is being developed with all three schooling sectors to provide a certificate that is more flexible and rigorous.

The Government is committed to supporting every young South Australian to be engaged full time in school, training or meaningful work. It is well recognised that the positive engagement with education and training and the achievement of formal qualifications markedly increase young people's opportunities and increases their chances of success in later life.

At age 16, some students, for example, are motivated to learn practical trade skills. Young people may also wish to take advantage of other education and training activities beyond the traditional school that provide pathways to their chosen careers. This Bill will provide for this broader range of learning opportunities and experiences matched, as far as possible, to each student's learning needs and, together with the future SACE certificate, will give the necessary flexibility to allow for a greater range of activities, in addition to traditional schooling, for 16 year olds.

As Members will be aware, the Government has also introduced a Bill to amend the Senior Secondary Assessment Board of South Australia Act 1983 which will underpin changes to the SACE that are fundamental to achieving our vision for the State's young people.

When the changes enabled by these measures are implemented from the start of the 2009 school year, 'schooling' for 16 year olds could include traditional school lessons, TAFE courses, part time work, apprenticeships, university studies, alternative education programs and community volunteer work.

It is estimated that there will be approximately 2,000 16 year olds who will be embraced by the new legislation who would otherwise not have been attending school and at risk of falling through the cracks. These young people will be required to enrol and participate in full-time education or training or a combination thereof, until they have completed the SACE, achieved an equivalent qualification or turned 17 years of age.

Young people under the age of 17 who are already employed or who wish to take up full time employment will be able to seek an exemption from these requirements. Exemptions may also be granted where students have special circumstances that preclude them from participating in full time education or training.

The passage of the Bill now will provide the necessary lead time to enable Catholic, Independent and Government schools, and other parts of the education and training system such as TAFE, time to plan and develop further opportunities for senior students, including those at risk, as part of our investment in the future SACE.

Cross-agency work has already commenced on transition planning for the changes to support and enable a smooth implementation from the start of 2009.

The proposed changes have been the subject of extensive public consultation and feedback has indicated overwhelming support for these measures.

In developing the Bill, valuable input was received from educators, community members, Parent and Professional Associations, the Catholic and Independent schooling sectors, the Independent Education Union, the Australian Education Union and the Department of Further Education, Employment and Training, particularly the Office for Youth.

Key features of the Bill include:

retaining the current requirements for children to attend school full-time until they turn 16;

establishing a new class of young people (those aged 16 years), namely children of compulsory education age;

requiring that a child of compulsory education age be enrolled and participate in approved learning programs until they achieve the SACE or an equivalent qualification, or turn 17;

provision for an exemption from these requirements to be granted where a young person wishes to take up full time employment, or if they have special circumstances;

defining the following activities as constituting approved learning programs:

courses of secondary education eg the SACE;

approved University degree or diploma courses;

TAFE courses;

accredited vocational education and training offered by other registered training organisations;

apprenticeships and traineeships;

other learning programs approved by the Minister.

Workforce forecasts suggest there will be a demand for more people with formal, higher level qualifications. We must not let young people fail to meet their full potential at a time when South Australia and the rest of the nation demands people with practical skills for real jobs.

The Bill will ensure that young South Australians remain engaged in flexible schooling and training options to provide them with the best foundation for future success.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Education Act 1972

4—Amendment of section 5—Interpretation

This clause inserts the definition of child of compulsory education age used in the measure, and is defined to mean a person who is 16 years of age.

5—Substitution of section 8

This clause substitutes a new section 8 into the Act, replacing the current provision with a power of delegation reflecting current drafting practice.

6—Substitution of section 13

This clause substitutes a new section 13 into the Act, replacing the current provision with a power of delegation reflecting current drafting practice. The proposed section also provides for a Deputy Director General to act in the absence of the Director General.

7—Substitution of heading to Part 6

This clause makes a consequential amendment to the heading of Part 6 of the Act.

8—Amendment of section 74—Interpretation

This clause inserts definitions of terms used in Part 6 of the Act as amended by the measure.

9—Amendment of section 75—Compulsory enrolment of children

This clause amends section 75 of the Act, reflecting the amendments made by the measure to require children of compulsory education age (ie, a child of 16 years of age) to be enrolled in an approved learning program, and makes related procedural provisions.

10—Amendment of section 75C—Appeal against direction of Director General or Minister

This clause deletes an obsolete reference in section 75C of the Act.

11—Insertion of sections 75D and 75E

This clause inserts new sections 75D and 75E into the Act.

75D—Approved learning programs

This proposed section establishes and defines approved learning programs, which is the substantive part of the measure. The type of programs specified in the clause provide a range of education alternatives to traditional secondary education for, primarily, children who are 16 years of age.

75E—Report on operation of Part

This proposed section requires the Director General to prepare and provide the Minister with a report in each year on the operation of Part 6 of the Act as amended. The report must include information in relation to compliance. The clause also addresses procedural matters related to the report.

12—Amendment of section 76—Compulsory attendance and participation

This clause amends section 76 of the Act to require participation on the part of a child of compulsory education age in the approved learning program in which he or she is enrolled. To that extent, the provision reflects the current requirement of compulsory attendance at school for children of compulsory school age.

13—Substitution of section 78

This clause substitutes a new section 78, reflecting the inclusion of the concepts of children of compulsory education age and approved learning programs in the Act.

14—Amendment of section 79—Attendance

This clause makes a consequential amendment.

15—Substitution of section 80

This clause extends the powers of authorised officers to take into account children of compulsory education age and/or approved learning programs. The old section 80 is split, for clarity, into the 3 proposed sections, and penalties for breaching the sections updated reflect modern standards.

16—Amendment of section 81—Evidentiary provision

This clause makes a consequential amendment.

17—Amendment of section 81A—Exemptions

This clause amends section 81A of the Act to enable the Minister to publish certain guidelines (related to the granting etc of exemptions under that section) by notice in the Gazette.

18—Amendment of section 107—Regulations

This clause amends section 107 of the Act to allow regulations to be made relating to the collection, recording and collation of information on any matter relating to the administration or enforcement of Part 6 and the provision of the information to the Minister or other body determined by the Minister.

19—Amendment of long title

This clause amends the long title of the Act to reflect the inclusion of the provision of approved learning programs within the purposes of the Act.

Debate adjourned on motion of the Hon. J.M.A. Lensink.

[Sitting suspended from 18:02 to 19:45]

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