Complaints about private schools

For free and confidential legal advice about this topic, please contact us here. If you go to a public school in South Australia, you can check out our other pages here.

Generally, private 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 South Australia 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.

Your right to an education

Every Australian child 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.

Which school rules apply?

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 will be on your school’s website, in your student diary or in the enrolment pack you were given when you started school.

Private schools in South Australia must have and follow certain policies, including policies on child protection, student behaviour management, and managing complaints.

If you are having trouble finding your school rules, you can ask your student office or a teacher.

I think a school rule is unfair – what can I do?

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), 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.

What can the school do if I get in trouble?

If you get in trouble at a private school, the school should follow its policies when deciding how to respond.

Behaviour management policies in schools should be based on procedural fairness, especially if a school is thinking of suspending, expelling or excluding a student. Procedural fairness means that:

• you should be told why you are in trouble, what process the school will follow, and be given a chance to say what happened
• people who are investigating or making a decision should be neutral
• a decision should be based on proper evidence.

Physical punishment of students is never allowed.

My school has treated me unfairly – what can I do?

1. Follow the school’s complaints procedure

All private schools are required to have a complaints procedure.

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 operations. 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 the school has a board, you might be able to make a complaint to the chair of that board;
• if the school is a Catholic school, you might be able to make a complaint to Catholic Education South Australia

If your school’s complaints policy doesn’t have information about this option, we recommend you ask the school principal about making a complaint to the school’s governing body. It is 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 Education Standards Board

If following the school’s complaint’s procedure has been unsuccessful, you can make a complaint to the Education Standards Board. However, the Board can only deal with certain complaints, for example complaints that the school has not met the standards for registration, or the school is not protecting the safety and welfare of students. The Board will send other complaints back to the school.

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:

• The Australian Human Rights Commission and Equal Opportunity SA can deal with some complaints about discrimination by private schools. For more information, check out our page on discrimination.
• The Office of the Australian Information Commission can deal with complaints about mishandling of personal information by most private schools.

If you want advice about making a complaint about a private school, you can contact us here.