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Discrimination at School

New South Wales


Discrimination laws for schools have been made to make sure that all students are treated the same way and given the same opportunities as other students. You don’t have to put up with discrimination at school.

If you believe that you have been discriminated against, you can write out the details of your complaint and send it through to us as a Lawmail so we can help you.

 

What is discrimination?


Discrimination can be:

  • when you are treated less favourably because of a characteristic that you have.   For example, when a teacher picks on your disability and treats you differently to your classmates; or
  • when a rule seems fair to everyone but is unfair to you. For example, if there is a school rule that you must wear a hat during sports, but it is against your religion to wear hats, then you are being treated unfairly.


Discrimination can happen because of your:

  • race;
  • religion;
  • sex;
  • age;
  • sexual preference;
  • disability  or infectious disease;
  • mental illness; 
  • pregnancy  or breastfeeding;
  • transgender status;
  • relationship status;  and
  • relationship with someone, like a parent or family member, with one of the above characteristics .

 

Are schools ever allowed to discriminate against students?


Not all forms of discrimination are against the law. Sometimes schools can make rules that discriminate against students.

A school can refuse to enrol you if:

  • it is a single sex school and you are of the opposite sex;
  • the school is for students above a certain age and you are not above that age; 
  • the school only assists students with a certain disability and you do not have that disability;   or
  • it would cause the school unjustifiable hardship to provide the necessary resources or services required because of your disability.  


Private and religious schools can:

  • expel or refuse to enrol you because of your marital status or if you are pregnant, but only if this conflicts with the school’s religious beliefs; 
  • expel or refuse to enrol you if you are transgender;   or
  • expel or refuse to enrol you if you are homosexual. 


Students with disability and unjustifiable hardship


If a school refuses to take you in because it would cause it unjustifiable hardship to meet your needs, it would need to show that:

  • it has considered all the options or adjustments available and discussed them with you and your parents;  and
  • the adjustments that would need to be made to accommodate your disability would cost, or disadvantage, the school or other students or staff more than you would benefit from the adjustment being made. It is a case of weighing up the pros and cons. For example, if the school can prove that it cannot pay for your adjustment, it can usually claim unjustifiable hardship and refuse to enrol you.




What can I do if I have experienced discrimination?


Report the discrimination

  1. If you have experienced discrimination, you should:
  2. Tell your school principal. You can take a friend, teacher or parent with you if you like.
  3. Keep a record of what happened, when it happened, who did it and the names of any other people involved.
  4. Ask for a copy of your school’s discrimination policy so you can make sure the school is following the policy.
  5. If you don’t think the school is following its policy, you (or your parents) can make a complaint to the school.
  6. If you’re not happy with how the school dealt with your complaint, you can take the matter further by complaining to your school’s Regional Director; NSW Department of Education and Communities (if it’s a public school); board of governors (if it’s a private school); or the Catholic Education Commission (if it is a Catholic systemic school).
  7. If the issue is still not resolved you can make a complaint to either the Australian Human Rights Commission  or the NSW Anti-Discrimination Board (but you can only complain to one or the other). It doesn’t cost any money to make a complaint.


IMPORTANT: You often cannot complain to the NSW Anti-Discrimination Board if your school is a private school,  so in these cases it may be best to complain the Australian Human Rights Commission.

  1. There are time limits associated with making a complaint to the Australian Human Rights Commission or NSW Anti-Discrimination Board. You should complain within 12 months of the discrimination occurring; otherwise there is a risk that the complaint won’t be investigated.
  2. Complaints are usually resolved through ‘conciliation’, where you sit down with your school and an officer from the Commission or the Board and have a chat about what happened and what the school can do to resolve the complaint; ideally coming to an agreement.
  3. But sometimes this process does not lead to a good outcome. You then have the option of taking the complaint to a tribunal or court. However, you should not go to court or a tribunal without getting legal advice and representation first. It is often available for free!

You may feel scared about making a complaint, but it is against the law for someone to treat you unfairly or harm you because you made a complaint against them. If that happens, they can be fined or imprisoned.

It can be difficult to make a complaint. If you need help there are services that can assist you.

Tell someone


Discrimination is unacceptable and you may want to speak to your parents or another adult that you trust. If you do not speak to someone, or report what happened, then no one will know what is going on and they can’t help you. We have provided you with a list of important contacts to call at the end of this page if you need to talk to someone else.

Important contacts


Free legal information, advice and referral
   

For any legal questions you have, write us a Lawmail and we can give you free legal advice, information and referrals to local services. Visit the Lawstuff website – then select your State or Territory’s Lawstuff page and follow the links to send a Lawmail.

Where to complain if school doesn’t help
State
AgencyContact Details
Time limit for making a complaint
Australia (all states and territories)
Australian Human Rights Commission1300 656 419
www.hreoc.gov.au
12 months
New South WalesNSW Anti-Discrimination Board(02) 9268 5544
http://www.lawlink.nsw.gov.au/adb
12 months

Disclaimer: This is legal information not advice specific to you. If you would like specific advice about a legal question that you have please send us a Lawmail.


Last reviewed 15 April 2015.