Exemptions
NSW government schools
A student who has completed Year 9 and wants to leave school to undertake a full time (as defined in appropriate award) apprenticeship or traineeship, should lodge an Application for Exemption from Attendance/Enrolment at School with their School Principal.
A student who has not completed Year 9 and wants to leave school to undertake a full time (as defined in appropriate award) apprenticeship or traineeship may do so under extraordinary conditions. They may lodge an Application for Exemption from Attendance/Enrolment at School with their School Principal for consideration by the Executive Director.
For further details see Exemption from School Procedures policy.
NSW non-government schools
In all cases, where a student wants to leave a non-government school and undertake a full-time apprenticeship or traineeship, whether they have completed Year 9 or not, they should lodge an Application for Exemption from Attendance/Enrolment at School from enrolment with their School Principal.
Non-government schools may have differing policies and processes across the Catholic and Independent sectors, it is important to always approach and discuss exemption applications with the School Principal.
All NSW schools
Young people who have completed Year 10, but are younger than 17, may leave school if they are engaged in full time approved education or training, employment (must be over 15 years) or a combination of the two.
For paid employment, full time is defined in the Act as a minimum of 25 hours per week.
For approved education or training, full time is defined in the Act as where the provider of the education or training certifies the education or training is being delivered on a full-time basis.
For a combination of the two, full time is defined in the Act as either 25 hours per week of work or 25 hours per week of face-to-face instruction related to the approved education or training.
No official application for exemption is required.
Should a situation arise where a student is unable to meet the hour requirements above, however it is in their best interest to leave school and access an alternative pathway, please contact the School Principal to discuss applying for an exemption.
Note: If a learner is working part time, that is, more than the 25 hours per week minimum requirement, but less than the full time hours (as specified in the appropriate award), then parties should indicate the actual hours of work/training and "Part Time" against question 39 of the Training Contract. Parties also need to indicate a part time nominal term against Question 4 of the Training Contract.
Note: If a young person gains an exemption to undertake an apprenticeship or traineeship, and that apprenticeship or traineeship is cancelled before they turn 17, the NSW Education Act requires them to return to school.
Home Schooled Students
Home Schooled Students are required under the NSW Education Act to be registered with NSW Education Standards Authority (NESA) and engaged in a formal educational program up until the age of 17 or until the completion of Year 10 curriculum. Home schooled students are not generally registered with NESA past this requirement being met. Home schooled students wishing to participate in the HSC and sit the HSC exams need to enrol with a registered secondary education institute i.e. school or TAFE at which time they transfer from being "home schooled" to being "at school".
A young person who is being home schooled who is under the age of 17 years and who has not completed the Year 10 curriculum may undertake a government subsidised part time apprenticeship or traineeship as part of their educational program without gaining any special permission. Such training arrangements must not be registered as a school based apprentice or trainee. Home schooled students applying to undertake a part-time apprenticeship or traineeship will need to provide a copy of their current Home Schooling registration certificate when completing the Training Contract application and must meet their obligations under the Apprenticeship and Traineeship Act by completing the minimum number of part time hours as per the Vocational Training Order.
A young person who is being home schooled who is under the age of 17 years and who has not completed the Year 10 curriculum may seek an exemption from NESA to take up a full time apprenticeship or traineeship as an alternative to a formal educational program under the Education Act. The parent or guardian is responsible for lodging any documentation for an exemption to NESA, and should contact NESA to discuss the formal process.
Note: Young people who are not currently enrolled in a school or registered for home schooling and are seeking an exemption from enrolment to undertake a full-time apprenticeship or traineeship must contact attendance@det.nsw.edu.au for further advice.
Examples
An exemption is required from the school principal as the learner did not complete year 10 (or equivalent).
An exemption from enrolment is provided to undertake a traineeship or an apprenticeship, if the Training Contract is cancelled or withdrawn before they turn 17, the NSW Education Act requires them to return to school.
Further information
For further information or clarification regarding requirements under the Education Act,
Students enrolled in NSW government schools contact the School Principal.
For students enrolled in NSW non-government schools contact the School Principal.
For young people who are not currently enrolled contact attendance@det.nsw.edu.au.
Apprenticeship Network Providers – If clarification is provided by the Department of Education in relation to a learner's exemption (for attendance or enrolment), this advice together with exemption documentation must be provided to Training Services NSW as part of the training contract application process.