Australia Rights Guide

Child Expelled from School in Australia — Your Rights

Schools in Australia must follow a formal process before suspending or expelling a student. You have the right to appeal. Here is what to do by state.

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Direct Answer

In every Australian state, schools must follow a formal process before expelling a student — including informing parents, conducting an investigation, and giving the student an opportunity to respond. You have the right to appeal any expulsion decision through the state's education authority. Expulsion for discriminatory reasons (disability, race, religion) is unlawful under Commonwealth law.

What the Law Says

Your Legal Foundation

Education Act 2004 (ACT)

Section 38

“Before a student is suspended or expelled, the principal must notify the parents and give them an opportunity to be heard.”

Education and Training Reform Act 2006 (VIC)

Section 2.2.26

“A student may be expelled only after a suspension and a formal review process. Parents must be given a full opportunity to participate in the review.”

Disability Discrimination Act 1992 (Cth)

Section 22

“It is unlawful to exclude a person from education on the grounds of disability.”

What to Do

Step-by-Step Guide

1Request the school's suspension/expulsion policy — schools are required to have formal procedures and must follow them. Ask for a copy of the procedural steps they followed.
2Request written reasons for the expulsion and all documentation from the school's investigation. You have the right to see the evidence used against your child.
3Appeal within the school first — most schools have an internal review or Board of Governors process. Submit your appeal in writing within the deadline stated in the expulsion notice.
4If the school's internal appeal fails, escalate to your state's education department: NSW Department of Education, Victorian Department of Education, Queensland Department of Education, etc.
5If the expulsion involves disability, race, or religion, file a complaint with the Australian Human Rights Commission (AHRC) under the relevant discrimination law.

What to Say

Exact Words to Use

“"We dispute this expulsion and request a formal review under the school's expulsion policy. We were not given adequate opportunity to respond. We are requesting all documentation, including the investigation record, and are appealing this decision formally."”

Tone: Written — to the school principal and Board of Governors

Common Questions

Frequently Asked Questions

Can a school expel a student with a disability?

Excluding a student because of disability-related behaviour (without reasonable adjustments) may constitute disability discrimination under the Disability Discrimination Act 1992 and the Disability Standards for Education 2005. File with the AHRC if this applies.

My child attends a private school — do the same rules apply?

Private schools have more discretion but must still follow their own stated policies and comply with Commonwealth anti-discrimination laws. A private school that expels a student contrary to its own enrollment contract may face breach of contract claims.

What if my child is being bullied and the school is not acting?

Schools have a duty of care to protect students from foreseeable harm including bullying. If the school is not acting, escalate to the state education department. In serious cases, civil action against the school for breach of duty of care is possible.

Can the school deny enrolment or re-enrolment?

For government schools, every child in the school's local area has a right to enrolment. For out-of-area enrolments, schools can decline based on capacity. Contact the state education department if your child is unlawfully denied a local enrolment.

Get Help Now

Resources & Helplines

NSW Department of Education
education.nsw.gov.au / 1300 679 332
NSW school complaints and expulsion appeals.
Victorian Department of Education
education.vic.gov.au / 1800 338 663
VIC school complaints and review processes.
Australian Human Rights Commission (AHRC)
humanrights.gov.au / 1300 656 419
Discrimination complaints in education. Free.
P&C Federation / School Parent Groups
Your state P&C body
Parent advocacy and support for school disputes.

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