Managing complaints against a non-government school

From 2 January 2024, the registrar for non-government schools will follow a new process for managing complaints received about a non-government school.

This means:

• non-government schools must have a policy for handling complaints fairly and in a timely manner
• in most cases, the registrar must direct any complaints received about a non-government school back to the school to manage as per their policy
• if the complaint is about a serious incident or breach of registration requirements that may affect the safety, health or wellbeing of a student, the registrar may carry out a special investigation
• the registrar will notify the governing body of a school if a special investigation will be carried out, unless it could prejudice the investigation.

To find out more, read section 145B of the Education Act 2015.

What might be considered a serious incident

A serious incident might be:

• an alleged sexual assault
• alleged serious and systemic misconduct
• an incident where a child:
  • is put at risk of serious harm
  • suffers serious harm or death whilst in the care of the school.

Why these changes are important

There is currently no direction in the Act that advises:

• how to manage a complaint
• when a complaint might trigger a special investigation
• when and how a complaint will be investigated by the registrar.

The changes explain:

• the registrar’s role and responsibility in the complaints process
• the right for a non-government school to investigate a complaint made against it in line with its complaints management policy
• how complaints are managed and when it’s appropriate to carry out a special investigation.