For free and confidential legal advice about this topic, please contact us here. If you go to a public school in the ACT, you can check out our other pages here.
Generally, private (or independent) schools can set their own rules and can discipline students for not following them (as long as the rules are not unreasonable or harmful to students). This is because when you enrol at a private school, you and your parents agree to follow these rules. If you break the school rules, you can be disciplined under the school’s policies.
However, there are some rules that apply to all schools in the ACT and Australia, and some rights that all Australian children have, no matter which school they go to. If your school breaks any of these rules or treats you unfairly, you may be able to make a complaint.
Every child in the ACT has a right to education. Schools cannot limit your access to education (for example, by suspending you from school or making it significantly harder for you to engage in your learning) without very good reasons and a clear process.
Schools also cannot discriminate against you for reasons such as a disability, your sex, your age or your race.
Private schools must also make sure they have processes in place to make sure school is a safe and supportive environment for all students.
Every private school will have its own set of school rules. These rules say what students can and can’t do, and how the school can or must respond to particular situations.
Usually these rules will be on your school’s website, in your student diary or in the enrolment pack you were given when you started school.
Rules can cover things like:
If you are having trouble finding your school rules, you can ask your student office or a teacher.
If you think a school rule is unfair, you can try talking with a teacher you trust at school about why the school rule exists.
You can also ask a parent or guardian to arrange a meeting with the school to talk about this rule. You can try explaining to the school why you think the rule is unfair, and give some examples of how it impacts you or others in an unfair way. You can also suggest some ways that the rule can be changed.
If you think a school rule discriminates against you for a particular reason (for example, because of a disability or because of your race or gender), then you might be able to make a complaint if the school doesn’t agree to change it.
For more information about discrimination at school, check out our webpage here.
If you get in trouble at a private school, the school should follow its policies when deciding how to respond. These policies must be based on natural justice and procedural fairness.
Procedural fairness is especially important if a school is thinking of suspending, expelling or excluding you. It means that:
There are laws that say when a private school can suspend, expel or exclude a student. A private school can also only expel you if they have exhausted all reasonable alternatives. If you have been suspended, expelled or excluded from a private school, and you would like some advice about your situation, you can contact us here.
Physical punishment of students is never allowed.
1. Follow the school’s complaints procedure
All private schools are required to have a complaints procedure, and to make this publicly available.
If you think you have been treated unfairly, or you disagree with how your school has treated you, it’s a good idea to start by following the school’s complaints procedure. Sometimes this procedure will have several steps – for example, you can start by making a complaint to the principal, and if you aren’t happy with the outcome, you can make a complaint to the chair of the school’s board.
2. Make a complaint to the school’s governing body
Private schools generally have a governing body that oversees their operation. In some cases, if you can’t resolve an issue with your school, you can make a complaint to the school’s governing body. For example:
If your school’s complaints policy doesn’t have information about this option, we recommend you ask the school principal or a teacher you trust about making a complaint to the school’s governing body. It can be a good idea to talk with a parent or guardian about your plans, and see if they will support you.
3. Make a complaint to the Registrar of Non-government Schools
If you aren’t happy with the private school’s response, you might also be able to make a complaint to the Registrar of Non-government Schools.
The Registrar can only investigate complaints about a private schools breaching its obligations under the Education Act 2004 (ACT) or the Registration Standards.
You can read more about the process for making a complaint here.
4. Other complaints
There are some other government organisations that can deal with complaints about private schools. For example:
If we haven’t answered your question, or if you want more legal help, you can contact us here.
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