In South Australia, it is not compulsory for a child to attend early childhood services (education prior to the age of 6).

Children are not permitted to be enrolled in or attend early childhood services unless all immunisation requirements are met [see Part 12A of the South Australian Public Health Act 2011 (SA)]. For more information, visit the SA Health website. See also Early childhood services and immunisation requirements.

Attending school is compulsory for all compulsory school age children: children of or above 6 years of age and less than 16 years of age [Education and Children's Services Act 2019 (SA) ss 3, 68]. Each child of compulsory school age must be enrolled at a primary or secondary school, and if absent from school the person responsible for them (usually their parent) must, within 3 school days, advise the school principal of the reason for the absence [s 60, 68(3)].

Children of compulsory education age (16 years of age) must remain in full time education or training until they turn 17 or gain a qualification [Education and Children's Services Act 2019 (SA) s 61].

It is an offence for a child not to attend school or education when required without good reason (such as illness or other unavoidable circumstances) [see Education and Children's Services Act 2019 (SA) s 68(2), (3) and Education and Children's Services Regulations 2020 (SA) reg 22]. Where a child fails to attend without reasonable excuse, each person responsible for the child is guilty of an offence [Education and Children's Services Act (SA) ss 68(2), 69(2)]. The maximum penalty for this offence is a fine of $5,000. A defence exists where it can be proven that the person responsible for the child took reasonably practicable steps to ensure that their child attended school or participated in an approved learning program [ss 68(4), 69(4)].

A person responsible for a child who has failed to attend school or education as required may not be prosecuted unless they have been given a written notice outlining their obligations and warning them of the risk of prosecution if they do not ensure their child's attendance at school or education [ss 68(5), 69(5)].

The Chief Executive may choose to convene a family conference (after consulting with the principal of the school or head of the approved learning program) where they are of the opinion that a student of compulsory school or education age is regularly absent, and arrangements should be made to attempt to improve their attendance or participation. The procedures for a family conference are outlined in the Education and Children's Services Act 2019 (SA) sections 70-73.

A child or young person of compulsory school age who is persistently absent from school without a satisfactory explanation is regarded as being 'at risk' for the purposes of the Children and Young People (Safety) Act 2017 (SA) s 18(1)(e). Persistent failure to attend school means being absent for 10 or more days in a particular school term without reasonable excuse [Education and Children's Services Act 2019 (SA) s 75(4)].

The principal of a school, or head of an approved learning program, must notify the Chief Executive if a student is persistently failing to attend [s 75(1)]. This requirement will be met if the principal or head of an approved learning program includes the persistent absence in a report to the Chief Executive each school term [s 75(2a)].

Any authorised officer (for example, a police officer or an authorised employee of the Department) who sees a child of compulsory school or education age in a public place during normal school hours has the authority to stop and ask the child’s name, age and address and why they are absent from school or an approved learning program [s 127]. A police officer can, without a warrant, take a child who is reasonably suspected of being a truant to their home or school [s 127(3)]. An authorised officer may, at any time, attend residential premises and require those present to provide information about any child of compulsory school age or compulsory education age who lives there [s 127(4)].

It is an offence to employ a child of compulsory school or education age during school hours, or during hours at which participation in an approved learning program is required. The maximum penalty for this offence is $10,000 [s 74].