Education Act Prosecutions Terms of Reference

Aim:

The Education Act Working Group aims to improve access to legal services (in particular legal advice and representation) for parents and children involved in Compulsory School Order (CSO) proceedings in the Children’s Court and Education Act prosecutions (EA prosecutions) in the Local Court.

The Working Group will note the particular issues arising out of Education Act litigation in disadvantaged communities in regional and remote NSW.

Objectives: 

The Working Group will:

1. Map the programs and service providers (NSW and Commonwealth-funded) that are currently addressing truancy and school attendance in NSW.
2. Collect and collate case studies illustrating the need for improved practices, processes and collaboration around CSO proceedings and EA prosecutions.
3. Clarify and promote the availability of legal services in CSO proceedings and EA prosecutions – including raising awareness with the legal profession, Courts, schools, community workers and the Department of Education and Communities and Police Force of NSW.
4. Engage with the Department of Education and Communities and the Courts to settle agreed procedures for conducting litigation in relation to CSO proceedings and EA prosecutions, including:
   1. exploring practical and workable procedures in relation to listing arrangements
   2. clarifying practices and jurisdiction in relation to the issuing of bench warrants.