Expulsions

For free and confidential legal advice about this topic, please contact us here. 

The rules on suspensions and expulsions are different depending on whether you go to a public government school or a private school. This page only applies if you go to a public school in New South Wales. If you go to a private, independent or Catholic school please contact us here with your question.   

Every Australian child has a right to education. This means your school cannot expel you without very good reasons and a clear process. If you think you have been treated unfairly, then you can appeal an expulsion. 

What is an expulsion?

Expulsion is when you are asked to leave school permanently. Expulsion is normally a last resort, for example, after you have already been given warnings and suspensions.  

What can you be expelled for?

You can be expelled if:  

• You have displayed serious behaviour/s of concern, and strategies to address your behaviour (including suspensions) have not been successful; or 
• You are over 17 years old and have shown an unsatisfactory participation in learning.

What process does the school have to follow?

1. Consider your individual needs, communicate with you and offer support

When deciding whether to expel you, your principal and the Department of Education do certain things first, for example they must:  

• Make sure that you have been given an opportunity to be heard; 
• Make sure that all appropriate learning and support strategies have been implemented;  
• Explore alternative ways that you can engage with learning;  
• Consider your educational and safety needs and individual circumstances (such as a disability, trauma background, or socioeconomic disadvantage); 
• Speak with you and your parent, carer or support person to explain why expulsion is being considered by the school and the impacts of an expulsion; 
• Make sure that all important documents are shared between the principal and the Department of Education; 
• Make sure that advice has been sought from school counselling staff.

A) Serious behaviour/s of concern 

If the school is thinking of expelling you because you have displayed serious behaviour/s of concern, your principal and the Department of Education must also think about:  

• Whether your behaviour was developmentally appropriate; 
• The context in which your behaviour occurred, and what motivated your behaviour; 
• Whether a similar incident has happened before or if you have been suspended before; 
• Whether you have received support to address your behaviour; 
• Your educational and safety needs; 
• The impact of the expulsion on your learning and wellbeing; 
• Whether it is safe for you to be at home while expelled and whether you will be able to continue your learning;
• Whether the principal and school have treated you in accordance with the student behaviour policies in the past.

B) Unsatisfactory participation in learning

If the school is thinking of expelling you because you are over 17 years old and have shown an unsatisfactory participation in learning, your principal must also:  

• Advise you of the task or actions that you can take to fix the problem, and the consequences of receiving two written ‘N’ warnings or an ‘N’ determination; 
• Advise your parent or carer in writing of the initial ‘N’ warning’; 
• Give you another ‘N’ warning letter if the first one is not effective; 
• Give you the opportunity, time and appropriate support to complete the course requirements.

2. Notice of potential expulsion 

If your principal and the Department of Education are considering expelling you, they have to give you and your parent, carer or support person a written notice of potential expulsion.

The notice must: 

• Tell you and your parent, carer or support person that the principal and Department of Education are considering expelling you from school; 
• Explain why they are considering expelling you;  
• Give your parent, carer or support person the opportunity to formally meet with the principal and support services; 
• Tell you that your parent or carer has the right to a support person in any meetings with the school.

If the school is considering expelling you because you have displayed serious behaviour/s of concern, the notice must also tell you that you are suspended until the outcome of the decision-making process (up to 15 consecutive school days).47 This must include the same information as required for a notification of suspension, which you can read more about here.

You and your parent or carer must be given at least 7 school days to respond to the information in the notice before the principal and the Department of Education decide whether you will be expelled.

3. Organise a meeting

The principal has to organise a meeting with you, the principal and your parent, carer or support person to discuss why the principal and the Department of Education are considering expelling you and what the consequences of this are. The meeting should be held face-to-face unless there are special circumstances which mean that it can only be held over the phone.

4. If the school decides to expel you

Your principal and the Department of Education have to co-sign a decision to expel you from school. If they have decided to do this, they must:  

• Tell you and your parent or carer by phone (if possible); 
• Formally notify you of the expulsion in writing within 24 hours (including the consequences of expulsion and your right to appeal the decision); 
• Finalise and record the expulsion.

5. Your right to be heard

Throughout the suspension or expulsion process, you have the right to be heard. This means you have: 

• The right to know why you are being punished; 
• The right to know the way the decision will be made; 
• The right to know the problems and any other information which will be used to decide the decision; 
• The right to respond to any allegations against you; 
• The right to appeal the decision;  
• The right to a fair investigation.

Can you appeal the expulsion?

You have a right to appeal against a decision to expel you from school if you think that the decision was unfair or the school didn’t follow the correct procedures. It’s very important that you make an appeal as soon as possible after you find out that you have been expelled. 

It’s important in your appeal to explain what you think is unfair, or which rules the school didn’t follow in deciding to expel you. You should also attach any relevant documents, including the notice of expulsion. 

The NSW Department of Education has to make a decision about your appeal within 20 days after receiving it.

For more information about the appeal process, see this website. 

Can you go back to the same school after being expelled?

If you have been expelled for serious behaviour/s of concern, you can only re-enrol in that school with the special permission of the Department of Education.

If you have been expelled for unsatisfactory participation in learning, your principal can allow you to re-enrol in the school at a later date.

Can you go to another school if you have been expelled?

If you are over 17 and have been expelled for unsatisfactory participation in learning, your school does not have to find you somewhere else to study.

If you have been expelled because of serious behaviour/s of concern, the principal and the Department of Education must organise somewhere else for you to study. They have to do this within 15 school days from the date you were told about the expulsion. In some cases, the Department can consider other options, like TAFE or distance education, and in very serious cases, the Department of Education may refuse admission to any government school.

What will an expulsion mean for your future?

An expulsion will be recorded in the Department of Education’s information register. However, information about your expulsion is not public information as your personal information is protected by privacy laws.

In most cases, another school or TAFE will be able to find out about an expulsion, and they might consider what happened when deciding whether to enrol you, or when considering any support arrangements.

For more information and support

If you want legal help with an issue at school, and you are under 25, you can contact us for free and confidential help here.  

If you want to know more about the NSW Department of Education’s policies around student behaviour and the support options that are available, you can read the NSW Department of Education’s website here. 

If you are feeling stressed or unhappy at school, or if there is anything else that is troubling you, you can contact the Kids Helpline for 24/7 free and confidential support. Their number is 1800 55 1800 and their website is here.