The reply I received from Sally. "Dear Emma Thank you for your query regarding Home Education in South Australia. There is very little I can add by way of explanation of why both parents need to consent to the home education of their child- it is a requirement of the Family Law Act 1975, as Anne Millard has already stated. DECD does not have the authority to override a legislative requirement. If you have issues with your former partner, the appropriate authority to resolve these issues is the Family Court, where a judge can make the appropriate orders. Section 76 (1) and Section 76 (2) of the SA Education Act 1972 require students of compulsory school age to be enrolled at and attend a school. Unlike some other states, there is no option for Home Education stated within this legislation. The legal mechanism that allows parents to home educate is Section 81(A) which states the Minister may grant an exemption from Section 76. Obviously the Minister must have regard for the Family Law Act 1975 when considering such exemptions. As stated above, the SA Education Act 1972 requires students of compulsory school age to be enrolled at and attend a school, which is why you do not require your former partner’s consent for this to occur – it is a requirement of law that your child attends a school. The Family Court is equipped with the authority, expertise and resources to resolve the mental anguish you are experiencing with regard to your former partner’s rights under the Family Law Act 1975. Regards Sally Robbins" They are going by a law from 1972! I shall do some further digging around and see what I can find.