The Education Act 1966 does not have an enforcement mechanism for its compulsory education policy for children between the ages of six and 15.
Ministry of Education legal drafter consultant David Solvalu said while the law makes education compulsory, it did not create consequences for what happens if you don’t send your child (to school).
“It does not follow up with a system to make sure that it is (compulsory),” he said.
He said they had heard a few suggestions during the nationwide consultations and the committee had looked at what other countries had adopted in their related legislations.
“For example, in New South Wales in Australia, they have a system for enforcing compulsory education. In Singapore they do as well.
“But it is up to us to listen to suggestions from the public on how you think we should make it compulsory.
“Because if a law just says you have to but does not create a consequence if you don’t do it, then it is pointless or rather it doesn’t really have any effect.”
Mr Solvalu said there could be measures put in place to enforce the mandatory policy.
“For example in New South Wales what they do is, there are step-by-step measures like they have to have a conference meeting with the parents to find out why the parent hasn’t been sending their kids to school.
“And when they meet with the parents and they find out that it has something to do with finance or they are unable to transport the child to school then they try and help by giving them those facilities.
“If that does not work and if the parent is still refusing then they might be able to seek a court order or to fine the parent.
“So that is one way that they make sure that child gets to school by creating a penalty if the child isn’t attending school.
“We don’t have that. For us, it is just saying that it is mandatory but we don’t create a system following up on that.”
Consultations on the 1966 Act are conducted in the Central Division this week.
