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Suspension, Transfer or Exclusion of a Student: ACT Public Schools Policy

  1. What is this policy about?
    1. The purpose of this policy is to outline how the ACT Education Directorate (the Directorate), including ACT public schools, complies with the Education Act 2004 (the Act) when suspending, transferring or excluding a student from an ACT public school.
  2. Policy Statement
    1. The Human Rights Act 2004 (ACT) and the Work Health and Safety Act 2011 (ACT) provides an overarching context for decision-making regarding school suspensions. This ensures that the rights of children and young people to an education are balanced with the rights of Directorate employees and visitors to a safe workplace.
    2. Suspension (immediate or non-immediate), transfer or exclusion may be used to manage student behaviour where their behaviour compromises the safety or effectiveness of the school learning environment because it is unsafe or noncompliant.
    3. The decision to suspend, transfer or exclude a student from an ACT public school is not to be used as punishment for negative behaviours. The only purpose is to ensure that ACT public schools are safe and effective learning environments.
    4. Suspension, transfer, or exclusion from an ACT public school may have a negative impact on some students, particularly those who are socially or economically disadvantaged and/or have complex needs, including students with disability.
    5. Reasonable alternatives must be exhausted before a decision is made to suspend, transfer, or exclude a student from an ACT public school.
    6. When making the decision to suspend, transfer or exclude a student, ACT public schools must ensure that all students have access to the information and additional supports needed to continue their learning, as appropriate to the student’s individual circumstances.
  3. Policy Statement
    1. Suspension is the process of temporarily withdrawing a student from an ACT public school and placing them in the care of their parent/carer if the student is a minor.
    2. The purpose of a suspension is to provide time necessary for the school, the student, and their parents/carers to identify, plan and implement the adjustments, assistance or supports necessary to provide a safe and effective learning environment when the student re-enters the school.
    3. There are two circumstances in which suspension might occur:
      • An immediate suspension occurs where there is a need to remove a student from the school environment due to a risk of imminent or immediate harm i.e., a risk to physical or psychosocial safety.
      • A non-immediate suspension occurs where there is no imminent or immediate risk of harm but there is an established pattern of unsafe or noncompliant behaviour. In these circumstances a proposal to suspend will be issued.
    4. The Director-General has the power to suspend a student and may delegate that power to another decision-maker. The decision-maker may suspend a student from an ACT public school if satisfied:
      • the student has engaged in unsafe or noncompliant behaviour; and
      • the school has exhausted all reasonable alternatives to suspending the student; and
      • it is reasonable to suspend the student after considering all the circumstances, including any views of the student and their parents/carers.
    5. The Act allows for the Director-General to delegate the power to suspend a student from an ACT public school to the principal of the school the student is enrolled in. Delegation is made through the Instrument of Delegation of Director-General Powers and Functions.
    6. The Act also allows the Director-General to delegate the power to suspend to another officer within the Directorate. This enables internal review of suspension decisions.
  4. Transfer
    1. Transferis a Directorate initiated process used for transferring the enrolment of a student from one ACT public school to another ACT public school.
    2. The decision to transfer a student is made by the Director-General and is not able to be delegated. The Director-General may decide to transfer a student from one ACT public school to another ACT public school if satisfied:
      • the student has engaged in unsafe or noncompliant behaviour; and
      • the transferring school has exhausted all reasonable alternatives to transferring the student, including suspension not being effective or suitable; and
      • it is not in the best interests of the student, another student or member of staff at the school for the student to remain at the school, including considerations as to 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; and
      • it is reasonable to transfer the student after considering all the circumstances, including any views of the student and their parents/carers.
      • Transfer is a Directorate initiated process used for transferring the enrolment of a student from one ACT public school to another ACT public school.
    3. The Director-General may only transfer a student after receiving a recommendation to do so from the principal of the student’s school.
  5. Exclusion
    1. Exclusion prevents a student from being, or continuing to be enrolled, at any ACT public school.
    2. Exclusion of a student from being enrolled in any ACT public school may only be used for students of non-compulsory education age, and only in circumstances when a student’s presence in any ACT public school would create a risk to the safety and welfare of staff and students.
    3. A child under compulsory education age will not be excluded from being enrolled in any ACT public school. While this is allowable under the legislation, this policy requires ACT public schools not to exclude a child in this age group. A transfer may however be considered.
    4. The decision to exclude a student is made by the Director-General and cannot be delegated. The Director-General may exclude a student from enrolling at any ACT public school if satisfied:
      • they have engaged in unsafe or noncompliant behaviour; and
      • all reasonable alternatives to exclusion have been exhausted by their enrolled ACT public school;
      • it is not in the best interests of the student, another student at an ACT public school or a member of staff of an ACT public school for the student to be enrolled at any public school, including, considerations as to whether the relationship between the student and the ACT public school system has deteriorated to such an extent that the student’s enrolment at any ACT public school is no longer in the student’s best interests; and
      • it is reasonable to exclude the student after considering all the circumstances, including any views of the student and their parents/carers.
    5. The Director-General may only exclude a student after receiving a recommendation to do so from the principal of the student’s school.
  6. Notice requirements
    1. Under the Act, students and parents/carers must be notified in writing in the case of a suspension, transfer, or exclusion.
    2. Written notice to a parent/carer relating to a student of a decision, or proposed decision, is not required in circumstances where the decision maker is satisfied that:
      • it would not be in the best interests of the student to give the notice; or
      • it is not possible or reasonably practicable in the circumstances to give the notice.
    3. If the student is an adult or an independent student, the written notice must be given to the student and not the parent/carer.
  7. Decisions
    1. When deciding to suspend, transfer or exclude a student, decision-makers must afford students and their parents/carers natural justice and procedural fairness. This is done by providing them with sufficient information about the decision-making process, support (including presence of a support person) should they require it, a reasonable opportunity to effectively contribute to the decision, and an opportunity to have their views heard.
    2. Decisions about suspension, transfer and exclusion are reviewable decisions.
    3. Students and parents/carers must be advised in writing that they have the right to apply for a review of a decision to suspend, transfer or exclude.
    4. Information on how to apply for a review of a decision can be found in the Directorate’s Review of Decisions Policy 2016 and its procedures and attachments.
  8. Application
    1. This policy applies to all ACT Education Directorate staff, students, and their parents/carers.
  9. Context
    1. The ACT is a Human Rights jurisdiction. ACT public schools operate in line with human rights, including:
      • the right to education, equality, and non-discrimination;
      • the rights of children to protection; and
      • the rights of employees to just and favourable conditions of work, including safety.
    2. This means seeking to ensure that all students can access and participate in education on an equitable basis. It also recognises a child’s right to be heard and to be supported to participate in decisions that affect them.
    3. For Directorate staff and visitors, this means supporting their health and safety (including psychosocial safety) at work.
    4. Chapter 2A of the Act that addresses suspension, transfer and exclusion has been designed to ensure compliance with human rights legislation, including the Human Rights Act 2004. ACT public schools use a range of strategies to facilitate safe, respectful, and supportive school environments as part of an early support and prevention approach to mitigating behaviours that pose a risk safety or wellbeing to:
      • another student at the school; or
      • a member of staff of the school; or
      • someone else involved in the school’s operation.
    5. ACT public schools are inclusive and committed to providing education to all students, regardless of ability.
  10. Policy Owner
    1. Executive Branch Manager, Education and Wellbeing Support Services is responsible for this policy.
  11. Monitoring and review
    1. The Policy Owner monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three-year period.
  12. Contact
    1. or support contact Complex Behaviour Support & Work Health and Safety Branch on (02)6207 6744 or email: EBMCBS.WHS@act.gov.au.
  13. Feedback
    1. Any feedback about this policy, should be raised with the policy owner. Refer to Contact information above.
  14. Definitions in this policy context- refer also to Procedures, Safe and Supportive Schools Policy 2016 and the Managing Occupational Violence Policy 2017. These definitions apply to this policy and the Suspension, Transfer or Exclusion of a Student in ACT Public Schools Procedures:
    • ACT public school refers to all ACT government schools as defined in the Education Act ACT 2004.
    • Compulsory education age in the ACT and for the purpose of this policy refers to a child who is aged from six years until the child turns 17 or completes Year 12, whichever happens first.
    • Considering the views of the student and their parents/carers means applying the principles of natural justice and procedural fairness i.e., ensuring the student and their parents/carers are given sufficient information about the decision-making process, in a language and way they can understand. This is to allow them to effectively take part in the decision-making process; and the student has a parent, or someone else chosen by the student, present when taking part in the decision-making process. E.g., another suitable adult.
    • Counselling may be provided by someone suitably qualified to provide support or guidance relevant to the reasons for suspension, transfer, or exclusion. Counselling in this context does not mean a health or allied health professional. Counselling could mean a teacher, social worker or youth worker who may provide ‘counsel’ as a trusted advisor.
    • Director-General means the Director-General of the Education Directorate. For the purposes of this policy and associated procedures a reference to the Director-General also includes their delegate.
    • Equity in the context of education, refers to differentiated adjustments and/or supports for those who need it. It is noted that students with high/complex needs or those experiencing social or socioeconomic disadvantage may require additional supports to ensure they have an equitable opportunity to access education.
    • Exclusion of a student is a Directorate-initiated process that prevents a student from being or continuing to be enrolled at any ACT public school. It can only be enacted for students who are not of compulsory education age.
    • Exhausting all reasonable alternatives means the decision-maker is satisfied that no other alternative is likely to be suitable or successful for managing the student’s unsafe or noncompliant behaviour. E.g., When it is not safe for the student to be onsite, then an in-school alternative program would not be a reasonable alternative that could be made.
    • In-school alternative learning arrangement is where a student is prevented from attending their usual school activities or class/es, and from contact with their peers, and is required to attend school to participate in an alternative program. This is recorded as an explained absence from their usual class/es.
    • Mutually agreed leave is an absence where there is mutual agreement between the school and parent/carer that a student is not required to attend school for part of the day, for reasons relating to their wellbeing, or to prevent a significant behavioural incident from occurring.
    • Notice means providing information that is required by the Education Act 2004 in writing.
    • Procedural fairness is the rules or principles of natural justice, and involves decision making that is fair, reasonable, and free from bias. Further information is available in the procedures and supporting documents for this policy.
    • Reasonable adjustments are actions made in the education context to enable students to access educational content and outcomes and participate in the school program on the same basis as other students, while balancing the interests of all parties involved. Reasonable adjustments to teaching and learning may include adjustments to curriculum, instruction, environment, and assessment. In addition, it may include the form of existing plans such as Individual Learning Plans or other behaviour or learning plans. When suspending, transferring, or excluding a student, reasonable adjustments should be incorporated into the process being undertaken.
    • Suspension is the process of temporarily withdrawing a student from school grounds/environment and placing them in the care of their parent or carer. This occurs where:
      • a student has engaged in behaviour which is unsafe or noncompliant;
      • Ethe school has exhausted all reasonable alternatives to suspending the student; and
      • it is reasonable to suspend the student after considering all the circumstances, including any views of the student and their parents/carers.
    • SAS is the Schools Administration System, an ICT system that assists schools in managing school management tasks.
    • Transfer is a Directorate initiated process used for transferring the enrolment of a student from one ACT public school to another ACT public school.
    • Unsafe and noncompliant refers to behaviour of a student that reduces the safety or effectiveness of the school. It can include unsafe or noncompliant behaviour even if it does not happen on school premises or during school hours where it reduces the safety or effectiveness of the school. E.g. Using social media outside of school hours to encourage violence against a student at school the next day.
  15. Legislation relevant to this policy and associated procedures includes:
  16. Implementation Documents
  17. Related Policies and Information

    18. Decisions regarding the suspension, exclusion or transfer of students from ACT public schools in training and employment alternatives are internally reviewable under the Education Act 2004. If you wish to request a review of a decision that has affected you, please click here.

Suspension, Transfer or Exclusion of a Student: ACT Public Schools Policy: 00044 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z/.

Policy Identifier: 00044

Published: 10 April 2024

Policy is current until: 1 April 2027

Implementation Documents:

Transfer or Exclusion of a Student Procedures.pdf (PDF 392.2 KB)

Suspension of a Student Procedures.pdf (PDF 612.4 KB)

Suspension-Data-and-Reducing-Suspension.pdf (PDF 273.4 KB)

Suspension Data FAQs (Word 124.7 KB)

Related Policies and Information

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