Exemptions from Attendance and Enrolment

Under section 25 of the Education Act a child may be eligible for an exemption from enrolment or attendance if the NSW Minister for Education and Early Learning (or delegate) is satisfied that conditions exist which make it necessary or desirable.

The Minister has delegated the power to grant or cancel certain types of exemptions to the principal of an independent school.

There are two different types of exemptions:

  • exemption from enrolment
  • exemption from attendance.

Delegations by the NSW Minister for Education and Early Learning

Independent school principals have the authority to approve or cancel exemptions from enrolment and exemption from attendance for students on behalf of the NSW Minister for Education and Early Learning.

Exemptions from enrolment delegations
Principals of independent schools have been delegated the authority to grant or cancel the following exemptions on behalf of the NSW Minister for Education and Early Learning:

  • Age, where a child turns six years on or after 1 October or later in a school year
  • Health, learning or social needs or disability of a child necessitating the continuation of an individual program supported by medical specialists not longer than six months after the child’s sixth birthday
  • Special Circumstances – for apprenticeships and traineeships only.

Exemptions from attendance delegations
Principals of independent schools have been delegated the authority to grant or cancel exemptions from attendance for 100 days or more for students in the following circumstances on behalf of the NSW Minister for Education and Early Learning:

  • Engagement in approved entertainment industry activities
  • Participation in elite arts or elite sporting events
  • Exceptional circumstances (including the health of the student where sick leave or alternative enrolment is not appropriate).

Exemptions from attendance can be approved for part or whole days. They can be approved for individual days or for multiple consecutive days for a defined period of time. Principals have the authority to grant exemptions from attendance for periods of up to 100 days or more than 100 days.

General information
Independent school principals can assess and subsequently approve or deny any application for any of the above exemptions within their school and do not require external approval.

Independent schools are encouraged to review and update their policy and procedures for exemptions from enrolment and attendance. Member schools can access a gap analysis tool to support a review of their current exemption policy and procedural documentation.

Guidelines for exemptions from attendance and enrolment for independent schools

Details of the conditions for which an exemption may be granted and the delegations for granting exemptions are outlined in the Guidelines for exemptions from attendance and enrolment for independent schools available in the AISNSW Resource Centre.

Parents/carers are required to make an application for exemption to the school in advance of the period sought, with the exception of an exemption under the Public Health Order where no application is required.

Exemptions cannot be applied for the reason of travel.

Exemption from attendance

Reasons for an exemption from attendance may include:

  • employment in the entertainment industry
  • participation in elite arts or sporting events
  • exceptional circumstances.

All of the above exemptions can be approved or cancelled by an independent school principal.

Schools must have school-based procedures for the assessment of an exemption from attendance application.

Another reason for an exemption form attendance may include:

  • Direction under the Public Health Act 2010.

Exemption from enrolment

Reasons for an exemption from enrolment may include:

  • age – where a child turns six years on or after 1 October or later in a school year
  • age – in certain circumstances relating to health, learning or social needs or disability, up to a maximum of 6 months after the child’s 6th birthday
  • special circumstances (apprenticeship or traineeship) – students who have completed Year 9 but not yet completed Year 10 and are not 17 who have secured a full-time apprenticeship or traineeship.

All of the above exemptions can be approved or cancelled by an independent school principal.

Schools must have school-based procedures for the assessment of an exemption from enrolment application.

AISNSW Resources for Schools

A range of information about exemptions and sample documentation to be used for exemption applications are available for member schools, including:

  • Guidelines for exemptions from attendance and enrolment for independent schools
  • Sample exemption application forms
  • Sample exemption certificates
  • Support documents 
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