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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-08-01 Daily Xml
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Student Enrolment, Separated Parents

The Hon. C. BONAROS (14:59): I will ask my own. I seek leave to make a brief explanation before asking a question of the Treasurer, representing the Minister for Education.

Leave granted.

The Hon. C. BONAROS: In 2007, Melissa Maschotta went through a separation from her former husband. Heads of agreement were put in place in approximately 2011 that made Melissa the primary carer of their child; however, no official court orders were made. On 29 August 2016, the child of the parties was picked up from school by her father, but he did not return her to Melissa two days later as agreed, nor did the child attend school during this time. On 19 September of the same year, the father enrolled the child of the parties in a new school without the consent of the mother.

The father had provided the new school with draft orders prepared by his lawyers, which were not orders made under seal by the court. Despite this, the school proceeded to enrol the child, believing that the father was the primary carer and that the orders had been in place, which was not the case. It took six weeks before Melissa could get the orders that saw the child returned to her and re-enrolled in her former school. Former senator Skye Kakoschke-Moore wrote to the minister for education at the time to determine how this all could have occurred. In a response, it was said:

While legal advice indicates that the consent of only one parent is required to progress an enrolment application, it is considered best practice for schools to involve both parents in the process to ascertain all relevant information in relation to the student involved.

The minister also informed the former senator that the department's policy for the enrolment of students with separated parents and consequent procedures were being reviewed as 'it has been identified that more guidance for schools in relation to custody arrangements, disputes and short-term placements is required'. The department also organised for Melissa to make recommendations to DECD.

After those recommendations were made, she was informed that a review would take place and that there would be public consultation in the latter half of 2017. The policy and procedures have still not moved to public consultation, nor has that draft policy been provided. My questions to the Treasurer are:

1. Can the minister provide details of when the review of the policy and procedures for the enrolment of students with separated parents by the Department for Education and child development will be completed and move to the public consultation phase and explain why it has taken so long—almost two years—for the department to review the policy?

2. Can the minister advise whether the department is aware of any other similar cases to Melissa's?

The Hon. R.I. LUCAS (Treasurer) (15:02): I am very happy to take the honourable member's question on notice and ask the Minister for Education to bring back a comprehensive reply.

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