Behaviour management for non-government schools

From 2 January 2024, new directions are included in the Education Act 2015 that non-government schools must follow when managing student behaviour.

The directions follow similar standards as those in place for government schools.

Non-government schools must:

• have policies to guide principals in managing the behaviour of students at the school
• have regard to the following before suspending, excluding or expelling a student:
  • age
  • their stage of development
  • if they have special learning needs
  • their health and wellbeing
  • any religious or cultural factors
  • their home situation

• advise the registrar if a student is excluded or expelled from school.

To find out more, read division 7A of Part 7 the Act.

Why these changes are important

• There is evidence that the use of suspension, exclusion or expulsion can further disadvantage and marginalise children and young people.
• Alignment of standards across the sectors will improve consistency around suspensions, exclusions and expulsions, and managing student behaviour.
• Reporting requirements associated with exclusions and expulsions will minimise the risk of a student’s prolonged disengagement from education.

Suspending a student

The principal of a non-government school may only suspend a student from attending the school if they believe that the student’s presence is likely to risk physical or psychological harm to other people at the school.

For example:

• a student has repeatedly engaged in behaviour that negatively affects the psychological wellbeing of other students
• a student’s behaviour negatively affects the psychological welfare of teachers or other staff
• a student’s behaviour could physically hurt other students.

How to notify suspension

The principal must provide:

• the student a written notice about the suspension
• a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own.

The notice must include:

• why the suspension happened
• when it starts
• any rules the principal thinks the student should follow during the suspension.

Length of suspension

A student may only be suspended for up to 20 school days.

The rule of 20 days makes it clear that suspension should only be:

• temporary
• used as a last option.

If there are still concerns about safety after the 20-day limit, schools must find ways to:

• reduce risks
• get the student back into an educational program.

This could involve things like getting help from experts such as:

• psychologists
• other health professionals.

To find out more, read the new section 145C of the Act.

Excluding a student

The principal of a non-government school may exclude a student from attending the school if:

• the student has been charged with a serious crime, where it could lead to more than 2 years in jail and
• the principal believes the student’s presence is likely to risk physical or psychological harm to other people at the school.

How to notify exclusion

The principal must provide:

• the student a written notice about the exclusion
• a copy of this notice to the registrar
• a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own.

The notice also must explain how the student or parent can ask for the decision to be reviewed.

The non-government school must have a policy for reviewing decisions to exclude a student.

To find out more, read section 145D of the Act.

Expelling a student

The principal of a non-government school can expel a student if they think it's needed to protect others at the school.

How to notify expulsion

The principal must provide:

• the student a written notice about the expulsion
• a copy of this notice to the registrar
• a copy of the notice to a parent who takes care of the student every day, if the student is a child who doesn’t live on their own
• how the student or parent can ask for the decision to be reviewed.

The non-government school must have a policy for reviewing decisions to expel a student.

To find out more, read section 145E of the Act.