Legislation Administered by the Directorate

Changes to suspensions for all schools (public and non-government) from 20 December 2022

What are the changes?

Changes have been made to the Education Act 2004 to clarify when a student can be suspended from a school.

Why have these changes been made?

Since 2018, the ACT Government has been undertaking a phased approach to amending the Education Act 2004 (the Act). The amendments presented through the Education Amendment Act 2022 is the third phase in a larger program of legislative reform.

The current Act is confusing, with suspensions, transfers and expulsions all in the same section. The Education Directorate has undertaken a review of these sections of the Act and updated them.

The changes to the section on suspensions now provide clear guidelines as to when a student can be suspended. The changes ensure a balance between the right of the student to an education, alongside the safety and wellbeing of that student, other students and school staff.

Several reports have also highlighted that students with disability, across Australia, are suspended more often than students without disability. Therefore, amendments have been made to provide protections for students with disability by ensuring reasonable adjustments are being implemented, and where necessary adapted, to ensure they can be safely at school.

Who do they impact?

The changes apply to both public and non-government schools in the ACT.

When do they come into effect?

The changes come into effect on 20 December 2022.

Under the changes, when can a student be suspended?

From 20 December 2022, a student can only be suspended for the purpose of ensuring a safe and effective learning environment at the school (section 17B).

This means a student at a school can only be suspended if their behaviour is unsafe or non-compliant in a way that reduces the safety or effectiveness of the learning environment at the school because it is:

• persistently or disruptively noncompliant; or
• poses an unacceptable risk to the safety or wellbeing of other students, staff or other people at the school.

What steps must be taken prior to a student being suspended?

A student can only be suspended if the decision-maker is satisfied that the student’s behaviour has been:

• unsafe or noncompliant,
• the school has exhausted all reasonable alternatives to suspending the student, and
• it is considered reasonable to suspend the student after hearing the student’s views and the views of their parents/carers (section 17H).

What does ‘exhaust all reasonable alternatives’ mean?

If a suspension is proposed for a student, the decision-maker must be satisfied that no other alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour. This means that all other alternatives that a school is able to make must have been considered before making the decision to suspend a student (section 17D).

Who is the decision-maker?

The decision-maker for suspensions is usually the principal of a school.

Under section 17O, the decision‑maker for a public school or Catholic system school may delegate the decision‑maker’s powers. A delegation is where the decision maker gives permission to someone else to use the decision-making powers for suspensions.

For public and Catholic system schools, the decision maker’s powers can be delegated to the principal of a school. Independent schools are not part of a system, therefore the decision-maker is automatically the principal.

Does suspension only apply if the unsafe or noncompliant behaviour happens during school hours or on school grounds?

No, a student can be suspended if it happens outside of school hours or not on school grounds, but only if their behaviour:

• reduces the safety or effectiveness of the learning environment at the school; or
• poses and unacceptable risk to the safety or wellbeing of other students, staff or other people at the school.

An example of this would be using social media outside school hours to encourage violence against a student at school the next day. This behaviour has an impact on the safety of the victim’s learning environment whilst at school. Another example might be violent behaviour occurring offsite while the student is on an excursion which is an extension of the learning environment (section 17B (2)).

How long can a student be suspended for?

A suspension can be for a duration that the decision-maker considers necessary to ensure a safe and effective learning environment at the school. However, a single instance of suspension cannot be longer than 20 days.

When does a suspension start and end?

A suspension begins on the day the decision-maker gives a suspension notice to the student’s parents/carers or the day stated in the suspension notice, whichever is later. A suspension ends on the end day stated in the suspension notice or 20 school days after the suspension begins (section 17J).

Can a student be suspended again immediately after they have finished a period of suspension?

No, a suspension must not start immediately after another suspension ends. Students must be supported to return to school at the conclusion of a suspension period (section 17J (3)).

A new period of suspension can only occur if the student engages in further unsafe behaviours and the same decision-making process must be followed for any future suspensions.

How can the student and their parents/carers be involved in the decision-making process?

In most instances, students and parents/carers must receive a written notice that includes information about how they can have their views considered as part of the decision-making process prior to a suspension being decided (section 17L).

This information must be given in a language and way that they can understand and must include:

• the grounds for the proposed suspension;
• the length of the proposed suspension;
• how the school will support the student during the proposed suspension;
• details of the decision-making process; and
• how the student and parents/carers can have their views heard.

Students must also be allowed to have a parent, carer or someone else chosen by the student, for example a teacher, with them when taking part in the decision‑making process.

The only instance in which a suspension can be decided without first providing a written notice and considering the views of the student and parents/carers is if the student’s unsafe or noncompliant behaviour presents an immediate or imminent risk of harm to a person, such as being or threatening to be physically violent to another student or staff member (section 17L (3)).

In these limited circumstances, a verbal notice may be given initially, and a written notice may be given after the suspension is enacted. In these circumstances the views of the student and parents/carers must still be considered after the decision has been taken, which may result in the Principal revising the suspension decision.

This is to balance the need to respond quickly to an immediate or imminent risk of harm to a person, while also ensuring a fair process for students.

Are there any occasions where the student’s parents/carers don’t need to be notified in writing?

Written notice of a suspension doesn’t have to be given to the parents/carers if it is not in the best interests of the student, for example, if a court order prevents contact between a student and their parent or if it is not possible in the circumstances to give them notice.

Written notice is also not required to be given to parents/carers if the student is an adult (over 18 years of age). In this case, the notice needs to be given to the student (section 17F).

What happens once the suspension has happened?

All students who have been suspended must be given materials and support to continue their education for the period in which they are suspended. For example, this may include access to online learning resources.

For students who have reasonable adjustments in place, the principal must review those reasonable adjustments, including the way they have been implemented. The Principal must also make any other reasonable adjustments they think would support the student. If needed, this includes changing the way an existing adjustment is being implemented (section 17N).

If a student at a school is suspended for 7 or more school days in a school term (consecutively or otherwise), the principal of the school must ensure that the student is given a reasonable opportunity to attend counselling. Students are not required to participate in counselling if they choose not to (section 17M).

Can you appeal the decision?

Suspension from a public school is a reviewable decision. This means the decision can be reviewed internally by the Education Directorate, and is also reviewable by the ACT Civil and Administrative Tribunal .

Does suspension extend to students attending Out of School Hours Care?

The Education Act 2004 (the Act) outlines when a student can be suspended from school, which does not include outside of school hours activities, such as OSHC, that may also be held at a school site. In this case, it would be a decision for the OSHC provider as to whether or not the student is able to attend.

How was the wording in the Bill decided?

The changes have been developed following extensive research, particularly into other states’ and territories’ approaches to suspensions, and in consultation with both government and non-government stakeholders.

Wording in the Bill also follows legislation drafting conventions that require certain ways of expressing key concepts. For this reason, further explanation is provided in the explanatory statement, and will also be outlined in updated implementation policies prior to commencement.

Changes to transfers for public schools from 20 December 2022

What are the changes?

Changes have been made to the Education Act 2004 to clarify when a student can be transferred from one ACT public school to another ACT public school.

Why have these changes been made?

Since 2018, the ACT Government has been undertaking a phased approach to amending the Education Act 2004 (the Act). The amendments presented through the Education Amendment Act 2022 is the third phase in a larger program of legislative reform.

The current Act was confusing, with suspensions, transfers and expulsions all in the same section. The Education Directorate has undertaken a review of these sections of the Act and updated them.

The changes to the section on transfers now provide clear guidelines as to when a student can be transferred from one ACT public school to another ACT public school. The changes ensure a balance between the right of the student to an education alongside the safety and wellbeing of the student, other students and school staff.

Who do they impact?

The changes apply to all public schools in the ACT.

When do they come into effect?

The changes come into effect on 20 December 2022.

What is a ‘transfer’?

A transfer is an Education Directorate initiated movement of a student’s enrolment from one ACT public school to another ACT public school. This is separate to when parents/carers decide to move their child or young person from one school to another school.

Who is the decision-maker?

The decision-maker is the Director-General, following a recommendation made by the Principal.

Under the changes, when can a student be transferred?

From 20 December 2022, a student can only be transferred if:

• their behaviour is unsafe or non-compliant in a way that reduces the safety or effectiveness of the learning environment at the school;
• all reasonable alternatives to transferring the student have been exhausted;
• it is not in the best interests of the student, another student, or a staff member for the student to remain at the school; and
• it is reasonable to transfer the student considering all the circumstances, including any views of the student and their parents/carers about the proposed transfer.

The Director-General can only transfer a student if the Principal of the school recommends the student be transferred. The Director-General may also make changes to the Principal’s recommendation that they consider reasonable.

In making a decision to transfer a student, the Director‑General may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests (section 17P).

What does ‘exhaust all reasonable alternatives’ mean?

If a transfer is proposed for a student, the Director-General must be satisfied that no other alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour. This means that all other alternatives that a school is able to make must have been considered before making the decision to transfer a student (section 17D).

What steps must be taken prior to a student being transferred?

Before recommending the transfer of a student to the Director-General, the Principal must take reasonable steps to involve the student and their parents/carers in the decision-making process and seek their views about the proposed transfer (section 17S). This includes giving the student and their parents/carers a written notice that includes:

• the grounds for the proposed transfer including details of-
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to transferring the student;
• the school to which it is proposed the student be transferred;
• the day the proposed transfer is to take effect;
• the decision‑making process; and
• how the student and their parents/carers may have their views heard.

Following consultation with the student and their parents/carers, the Principal may make a recommendation to the Director-General. The recommendation must outline:

• the grounds for the proposed transfer including details of—
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to transferring the student;
• the school to which it is proposed the student be transferred;
• the day the proposed transfer is to take effect;
• the decision‑making process for the proposed transfer, and
• the steps taken to involve the student and their parents/carers in the process and any views of the student and their parents/carers about the transfer.

The principal’s recommendation may also include any other information the principal considers would assist the Director‑General in deciding whether to transfer the student (section 17R).

How can the student and their parents/carers be involved in the decision-making process?

Students and parents/carers must have their views heard as part of the decision-making process prior to a transfer being enacted.

Students and parents/carers must be given enough information about how the decision-making process works, including how they can have their views heard, in a language and way that they can understand (section 17E).

What happens once the transfer has happened?

If a student at an ACT public school is transferred, the principal of the school from which the student is transferred must ensure the student is given a reasonable opportunity to attend counselling. Students are not required to participate in counselling if they choose not to (section 17T).

Can you appeal the decision?

Yes. Transfer from a public school is a reviewable decision.

How was the wording in the Bill decided?

The changes have been developed following extensive research, particularly into other states’ and territories’ approaches to transfers, and in consultation with stakeholders.

Wording in the Bill also follows legislation drafting conventions that require certain ways of expressing key concepts. For this reason, further explanation is provided in the explanatory statement, and will also be outlined in updated implementation policies prior to commencement.

Non-government school expulsions from 20 December 2022

What are the changes?

Changes have been made to the Education Act 2004 to clarify when a student can be expelled from a non-government school (Catholic system school or independent school).

Why have these changes been made?

Since 2018, the ACT Government has been undertaking a phased approach to amending the Education Act 2004 (the Act). The amendments presented through the Education Amendment Act 2022 is the third phase in a larger program of legislative reform.

The current Act is confusing, with suspensions, transfers and expulsions all in the same section. The Education Directorate has undertaken a review of these sections of the Act and updated them.

The changes ensure a balance between the right of the student to an education alongside the safety and wellbeing of the student, other students and school staff.

Who do they impact?

The changes apply to Catholic system schools and independent schools in the ACT.

When do they come into effect?

The changes come into effect on 20 December 2022.

Why has the category of ‘expulsion’ been created?

In the current Act, the term ‘exclusion’ has two meanings.

For public and Catholic system schools, exclusion currently means preventing the student from continuing to be enrolled or being re-enrolled at any public school or at any Catholic system school.

For independent schools, exclusions mean preventing the student from continuing to be enrolled or being re-enrolled at an individual independent school. This inconsistency causes confusion across the different sectors.

To clarify these inconsistencies, a new category of ‘expulsion’ has been created to refer to the expulsion of a student from a particular Catholic system or independent school and being prevented from being re-enrolled in that school.

This category differs from ‘exclusion’ which refers to a student who is excluded from all public schools in the ACT if they are not of compulsory education age, or all Catholic system schools.

Who is the decision-maker?

For Catholic system schools, the decision-maker is the Director, Catholic Education. For independent schools, the decision-maker is the Principal of that school.

Under the changes, why can a student be expelled?

From 20 December 2022, a student can only be expelled if:

• their behaviour is unsafe or non-compliant in a way that reduces the safety or effectiveness of the learning environment at the school;
• all reasonable alternatives to expelling the student have been exhausted;
• it is not in the best interests of the student, another student, or a staff member for the student to remain at the school; and
• it is reasonable to expel the student considering all the circumstances, including any views of the student and their parents/carers about the proposed transfer.

If the expulsion is recommended because it is not in the best interests of the student to remain at the school, the Director, Catholic Education or the Principal of the independent school may consider whether the relationship between the student and the school has deteriorated to such an extent that remaining at the school is no longer in the student’s best interests (section 17U).

What does ‘exhaust all reasonable alternatives’ mean?

If expulsion is proposed for a student, the decision-maker must be satisfied that no other alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour.

This means that all other alternatives that a school is able to make must have been considered before making the decision to expel a student (section 17D).

What steps must be taken prior to a student being expelled?

Catholic system schools

The Principal of a Catholic system school may recommend to the Director, Catholic Education that a student is expelled (section 17W).

However before recommending that a student is expelled, a principal of a Catholic system school must tell the student, and give their parents/carers written notice, about the proposed expulsion.

Information that must be provided includes:

• the grounds for the proposed expulsion including details of-
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to expelling the student;
• the day the proposed expulsion is to take effect;
• the decision‑making process for the proposed expulsion; and
• how the student and their parents/carers may take part in the process and have their views heard.

Once the principal of a Catholic system schools has involved the student and their parents/carers, they can make a recommendation to the Director, Catholic Education. The recommendation must include the following about the proposed expulsion:

• the grounds for the proposed expulsion including details of-
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to expelling the student;
• the day the proposed expulsion is to take effect;
• the decision‑making process for the proposed expulsion;
• the steps taken to involve the parents/carers and the student in the decision-making process; and
• any views of the student and their parents/carers about the expulsion.

The principal’s recommendation may also include any other information the principal considers would assist the Director, Catholic Education in deciding whether to expel the student.

If the Director, Catholic Education decides to expel a student, they must tell the student and give their parents/carers written notice about the expulsion, including:

• the grounds for the expulsion; and
• the day the expulsion takes effect.

Independent schools

The Principal of an independent school may expel a student from their school. However, before they can expel the student, they must tell the student, and give their parents/carers written notice, about the proposed expulsion (section 17X).

Information that must be provided includes:

• the grounds for the proposed expulsion including details of-
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to expelling the student;
• the day the proposed expulsion is to take effect;
• the decision‑making process for the proposed expulsion; and
• how the student and their parents/carers may take part in the process and have their views heard.

If the principal of the independent school decides to expel a student, they must tell the student and give their parents/carers written notice about the expulsion, including:

• the grounds for the expulsion; and
• the day the expulsion takes effect.

How can the student and their parents/carers be involved in the decision-making process?

Students and parents/carers must have their views heard as part of the decision-making process prior to an expulsion being enacted.

Students and parents/carers must be given enough information about how the decision-making process works, including how they can have their views heard, in a language and way that they can understand (section 17E).

What happens once the expulsion has happened?

If a student is expelled from a Catholic system school or an independent school, the Principal of the school must ensure the student is given a reasonable opportunity to attend counselling. Students are not required to participate in counselling if they choose not to (section 17Y).

How was the wording in the Bill decided?

The changes have been developed following extensive research, particularly into other states’ and territories’ approaches to expulsions, and in consultation with non-government stakeholders.

Wording in the Bill also follows legislation drafting conventions that require certain ways of expressing key concepts. For this reason, further explanation is provided in the explanatory statement, and will also be outlined in updated implementation policies prior to commencement.

Changes to exclusions for public and catholic system schools from 20 December 2022

What are the changes?

Changes have been made to the Education Act 2004 to clarify when a student can be excluded from the whole system of public, or Catholic system schools.

Why have these changes been made?

Since 2018, the ACT Government has been undertaking a phased approach to amending the Education Act 2004 (the Act). The amendments presented through the Education Amendment Act 2022 is the third phase in a larger program of legislative reform.

The current Act is confusing, with suspensions, transfers and expulsions all in the same section. The Education Directorate has undertaken a review of these sections of the Act and updated them.

The changes to the section on exclusions now provide clear guidelines as to when a student can be excluded from a system of schools. The changes ensure a balance between the right of the student to an education alongside the safety and wellbeing of the student, other students and school staff.

Who do they impact?

The changes apply to all public and Catholic system schools in the ACT.

When do they come into effect?

The changes come into effect on 20 December 2022.

Under the changes, why can a student be excluded?

Public schools

From 20 December 2022, a student can only be excluded from all public schools in the ACT if they are not of compulsory education age and if:

• their behaviour is unsafe or non-compliant in a way that reduces the safety or effectiveness of the learning environment at the school;
• all reasonable alternatives to exclusion have been exhausted;
• it is not in the best interests of the student, another student, or a staff member for the student to be enrolled at any public school; and
• it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents/carers about the proposed exclusion.

For public schools, the Director General can only exclude a student from all public schools in the ACT if the Principal of the school recommends the student be excluded. The Director General may make changes to the Principal’s recommendation that they consider reasonable.

If the exclusion is recommended because it’s not in the best interests of the student to remain at the school, the Director General may consider whether the relationship between the student and the public school system has deteriorated to such an extent that remaining in the system is no longer in the student’s best interests.

Catholic system schools

From 20 December 2022, a student can only be excluded from all Catholic system schools in the ACT if:

• their behaviour is unsafe or non-compliant in a way that reduces the safety or effectiveness of the learning environment at the school;
• all reasonable alternatives to exclusion have been exhausted;
• it is not in the best interests of the student, another student, or a staff member for the student to be enrolled at any Catholic system school; and
• it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents/carers about the proposed exclusion.

For Catholic system schools, the Director, Catholic Education can only exclude a student from all Catholic system schools in the ACT if the principal of the school recommends the student be excluded. The Director, Catholic Education may make changes to the principal’s recommendation that they consider reasonable.

If the exclusion is recommended because it’s not in the best interests of the student to remain at the school, the Director, Catholic Education may consider whether the relationship between the student and the Catholic school system has deteriorated to such an extent that remaining in the system is no longer in the student’s best interests.

What does ‘compulsory education age’ mean?

A student is of compulsory education age if the student is at least 6 years old and under the age of 17 years old or has completed year 12 (whichever happens first).

What steps must be taken prior to a student being excluded?

Public schools

The principal of a public school may recommend to the Director-General that a student is excluded from all public schools in the ACT.

However before recommending that a student is excluded, a principal of a public school must tell the student, and give their parents/carers written notice, about the proposed exclusion.

Information that must be provided includes:

• the grounds for the proposed exclusion including details of:
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to excluding the student; and
• the day the proposed exclusion is to take effect; and
• options available for the student to continue their education after the exclusion; and
• the decision‑making process for the proposed exclusion; and
• how the student and their parents/carers may take part in the process and have their views heard.

If the student is an adult, the written notice need not be given to a parent of the student; and must be given to the student instead.

Once the principal of a public school has involved the student and their parents/carers, they can make a recommendation to the Director-General. The recommendation must include the following about the proposed exclusion:

• the grounds for the proposed exclusion including details of:
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to excluding the student; and
  • any previous action taken under Chapter 2A of the Education Act 2004, relating to suspensions and expulsions; and
• the day the proposed exclusion is to take effect; and
• the decision‑making process for the proposed exclusion; and
• the steps taken to involve the parents/carers and the student in the decision-making process; and
• any views of the student and their parents/carers about the proposed exclusion.

The principal’s recommendation may include any other information the principal considers would assist the Director-General in deciding whether to exclude the student.

The Director-General may then exclude the student if they are satisfied that:

• the student is not of compulsory education age; and
• the student has engaged in unsafe or noncompliant behaviour; and
• the school has exhausted all reasonable alternatives to excluding the student; and
• it is not in the best interests of 1 or more of the following for the student to remain at any public school:
  • the student;
  • another student;
  • a member of staff of the school; and
• it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents/carers about the proposed exclusion.

In making the decision, the Director-General may also consider whether the relationship between the student and the public school system has deteriorated to such an extent that remaining in the system is no longer in the student’s best interests.

The Director-General may make any changes to the principal’s recommendation that they consider reasonable.

If the Director-General decides to exclude a student from all public system schools, they must tell the student and give their parents/carers written notice about the exclusion, including:

• the grounds for the exclusion; and
• the day the exclusion takes effect.

The Director-General must also tell the principal about the exclusion, including any changes made to the principal’s recommendation.

Catholic system schools

The principal of a Catholic system school may recommend to the Director, Catholic Education that a student is excluded from all Catholic system schools in the diocese.

However before recommending that a student is excluded, a principal of a Catholic system school must tell the student, and give their parents/carers written notice, about the proposed exclusion.

Information that must be provided includes:

• the grounds for the proposed exclusion including details of:
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to excluding the student; and
• the day the proposed exclusion is to take effect; and
• the decision‑making process for the proposed exclusion; and
• how the student and their parents/carers may take part in the process and have their views heard.

Once the principal of a Catholic system school has involved the student and their parents/carers, they can make a recommendation to the Director, Catholic Education. The recommendation must include the following about the proposed exclusion:

• the grounds for the proposed exclusion including details of:
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to expelling the student; and
  • any previous action taken under Chapter 2A of the Education Act 2004, relating to suspensions and expulsions; and
• the day the proposed exclusion is to take effect; and
• the decision‑making process for the proposed exclusion; and
• the steps taken to involve the parents/carers and the student in the decision-making process; and
• any views of the student and their parents/carers about the proposed exclusion.

The principal’s recommendation may include any other information the principal considers would assist the Director, Catholic Education in deciding whether to exclude the student.

The Director, Catholic Education may then exclude the student if they are satisfied that:

• the student has engaged in unsafe or noncompliant behaviour; and
• the school has exhausted all reasonable alternatives to excluding the student; and
• it is not in the best interests of 1 or more of the following for the student to remain at any Catholic system school:
  • the student;
  • another student;
  • a member of staff of the school; and
• it is reasonable to exclude the student considering all the circumstances, including any views of the student and their parents/carers about the proposed exclusion.

In making the decision, the Director, Catholic Education may also consider whether the relationship between the student and the Catholic system has deteriorated to such an extent that remaining in the system is no longer in the student’s best interests.

The Director, Catholic Education may make any changes to the principal’s recommendation that they consider reasonable.

If the Director, Catholic Education decides to exclude a student from all Catholic system schools, they must tell the student and give their parents/carers written notice about the exclusion, including:

• the grounds for the exclusion; and
• the day the exclusion takes effect.

The Director, Catholic Education must also tell the principal about the exclusion, including any changes made to the principal’s recommendation.

Who is the decision-maker?

For public schools, the decision maker is the Director-General of the Education Directorate. For Catholic system schools, the decision-maker is the Director, Catholic Education.

How can the student and their parents/carers be involved in the decision-making process?

Students and parents/carers must have their views heard as part of the decision-making process prior to an exclusion being enacted.

Students and parents/carers must be given enough information about how the decision-making process works in a language and way that they can understand.

Before recommending the exclusion of a student to the decision-maker, the principal must tell the student, and give their parents/carers written notice, about the exclusion, including:

• the reason for the exclusion including details of:
  • the student’s unsafe or noncompliant behaviour; and
  • how they have exhausted reasonable alternatives to excluding the student; and
• the day the proposed exclusion is to take effect; and
• the decision‑making process; and
• how the student and their parents/carers may have their views heard.

For public schools, options available for the student to continue their education after the exclusion must also be included in the written notice.

What happens once the exclusion has happened?

If a student is excluded from the public system or the Catholic system of schools in the ACT, the principal of the school at which they are enrolled must ensure the student is given a reasonable opportunity to attend counselling. This might be with a school counsellor or other suitably skilled adult. Students are not required to participate in counselling if they choose not to.

Why do only public school principals need to provide options to student to continue their education after the exclusion?

Under section 27A of the Human Rights Act 2004, every child in the ACT has the right to have access to free, school education appropriate to his or her needs. For this reason, a student can only be excluded from the public school system if they are not of compulsory education age, and even then, there is an obligation in the public school system to provide options available for the student to continue their education after the exclusion.

Can the student return to the system they were excluded from?

No. If a student is excluded from a particular system, it means that this was not the best environment for the student. Therefore, they are unable to return to that system.

However, in the case of public schools, policy states that regular reviews by the Education Directorate must be utilised to determine the suitability of the student returning to school.

Can you appeal the decision?

For exclusion from the system of public schools, the decision is a reviewable decision. This means the decision is reviewable by the ACT Civil and Administrative Tribunal .

For exclusion from the system of Catholic schools, the parents or student may lodge a written appeal against the decision with the Director within ten (10) days of the written notification of the exclusion.

How was the wording in the Bill decided?

The changes have been developed following extensive research, particularly into other states’ and territories’ approaches to exclusions, and in consultation with both government and non-government stakeholders.

Wording in the Bill also follows legislation drafting conventions that require certain ways of expressing key concepts. For this reason, further explanation is provided in the explanatory statement, and will also be outlined in updated implementation policies prior to commencement.

Changes to the student movement register (public and non-government schools) from 20 December 2022

What are the changes?

Changes have been made to the Education Act 2004 to clarify public and non-government school reporting requirements through the former Student Transfer Register, now referred to as the Student Movement Register.

Why have these changes been made?

Since 2018, the ACT Government has been undertaking a phased approach to amending the Education Act 2004 (the Act). The amendments presented through the Education Amendment Act 2022 is the third phase in a larger program of legislative reform.

The updates to the section on the Student Movement Register provide increased oversight of student movement and allow for the identification of known signs of risk and vulnerability, such as multiple movements between schools within a short period of time.

Who do they impact?

The changes apply to both public and non-government schools in the ACT and student’s registered for home education.

When do they come into effect?

The changes come into effect on 20 December 2022.

Under the changes, when does someone need to record student movement in the register?

From 20 December, the Principal of any school must record the information prescribed by regulation in the student movement register within five days for each of the following:

• a student who is enrolled at the school, having been previously—
  • enrolled at another education provider; or
  • registered for home education, whether in the ACT or somewhere else
• if a student’s enrolment ends for any of the following reasons:
  • the student is unenrolled from the school;
  • the student is enrolled at another education provider;
  • the student is registered for home education;
  • the school terminates the enrolment contract for the student;
  • the student is transferred, expelled or excluded from the school under chapter 2A of the Education Act 2004 (Suspension, transfer, expulsion and exclusion of students) (section 10AA (2)).

The Education Directorate must record the information prescribed by regulation in the student movement register within five days for each of the following:

• when a student is registered for home education, having been previously—
  • enrolled at an education provider; or
  • registered for home education under a corresponding law; or
• if the registration of a student for home education ends (section 10AA (3)).

How soon after the movement event does this information need to be recorded?

Information needs to be recorded in the student movement register within five days (section 10AA (4)).

Who is responsible for recording the information?

If a student is enrolling at a school, the Principal of that school must add their enrolment information to the Student Movement Register.

If a student’s enrollment at a school is ending, the Principal of that school must add the termination of their enrolment to the Student Movement Register.

For a student who is registered for home education, or whose registration for home education ends, the responsibility sits with the Director‑General of the Education Directorate.

What specifically is required to be recorded in the Student Movement Register?

For a student enrolling at a school

For a student enrolling at a school, the Principal of the enrolling school must enter the following information into the Student Movement Register:

• the name of the school;
• the name of the student;
• the day the student was enrolled at the school;
• if the student was previously—
  • enrolled at another education provider—the name of the education provider (if known); or
  • registered for home education—whether the student was registered for home education in the ACT or another State (if known);
• the name and contact details of the student’s parents/carers.

For a student whose enrolment at a particular school ends

For a student whose enrolment at a particular school ends, the Principal of that school must enter the following information into the Student Movement Register:

• the name of the school;
• the name of the student;
• the day the enrolment ended;
• the reason the enrolment ended;
• if the student is, or is to be, enrolled at another education provider—the name of the new education provider (if known);
• if the student is, or is to be, registered for home education—whether the registration is in the ACT or another State (if known);
• if the student is not to be enrolled at another education provider, and is not to be registered for home education—the proposed arrangements for the student’s education after the enrolment ends (if known);
• the name and contact details of the student’s parents/carers.

For a student who is registering for home education

For a student who is registering for home education, the Director‑General must enter the following information into the Student Movement Register:

• the name of the student;
• the day the student was registered for home education;
• if the student was previously—
  • enrolled at an education provider—the name of the education provider (if known); or
  • registered for home education in another State—the State where the student was registered for home education (if known);
• the name and contact details of the student’s parents/carers.

For a student whose registration for home education ends

For a student whose registration for home education ends, the Director‑General must enter the following information into the Student Movement Register:

• the name of the student;
• the day the registration ended;
• the reason the registration ended;
• if the student is, or is to be, enrolled at an education provider—the name of the education provider (if known); or
• if the student is, or is to be, registered for home education in another State—the State where the student is to be home educated (if known);
• if the student is not to be enrolled at an education provider, and is not to be registered for home education in another State—the proposed arrangements for the student’s education after the registration ends (if known);
• the name and contact details of the student’s parents/carers.

What is the difference between a parent unenrolling a student and a student who is still enrolled but not attending?

A parent must officially indicate to the school that they wish to unenroll a student from the school, to enable their details to be entered into the Student Movement Register. Students who are not attending school must remain enrolled at the school, and the school is required to follow the appropriate procedures to encourage them to attend.

Is the student and their parents/carers privacy protected?

With respect to the collection, use and disclosure of personal information, the Education Directorate is bound by the Information Privacy Act 2014 .

Who has administrative responsibility for the Student Movement Register?

The Director-General of the Education Directorate has administrative responsibility for the Student Movement Register.

The Director-General must establish procedures for recording information in the Student Movement Register and tell Principals of schools in the ACT about the procedures (section 10 AB)).

A Principal of a school who is recording information in the Student Movement Register must comply with the procedures established by the Director-General.

How will information in the Student Movement Register be used?

The Education Directorate is responsible for monitoring student movement using the Student Movement Register. This includes making reasonable efforts to follow up with students and their parents/carers if they have not re-enrolled in education or home education within 14 days of unenrollment, or where multiple school movements within a short period of time identifies a potential risk to the student.

How was the wording in the Bill decided?

The changes have been developed in consultation with both government and non-government stakeholders.

Wording in the Bill also follows legislation drafting conventions that require certain ways of expressing key concepts. For this reason, further explanation is provided in the explanatory statement, and will also be outlined in updated implementation policies prior to commencement.