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Schooling

Information about school attendance, bullying, school discipline, suspension and expulsion.

  • This topic covers

    • Enrolling a child at a public school
    • Sending a child to a public school
    • Bullying at school
    • School discipline
    • The suspension or expulsion of a child from a public school
    • School fees

Time limitsActions
28 daysTo appeal a decision of the Local Court or Children's Court.
Six monthsFrom the date of the discrimination to complain to the Australian Human Rights Commission.
12 monthsFrom the date of the discrimination to complain to Anti-Discrimination NSW.

Organisation

OrganisationResponsibilities
Children's Court of NSW
Has the power to make Compulsory Schooling Conference Orders and Compulsory Schooling Orders.

Children's Court of NSW

Local Court of NSW

You can be prosecuted if you breach a Compulsory Schooling Order.
Director of Public Schools NSWHears appeals about a decision by a school to suspend or expel a student.
Executive Director of Public Schools NSWHears appeals from the Director of Public Schools NSW about a schools decision to suspend or expel a student.
District Court of NSWHears appeals from the decisions of the Local Court and Children's Court.
NSW OmbudsmanHears complaints about the NSW Department of Education.
Supreme Court of NSWHears appeals about a decision of the Executive Director of Public Schools NSW.

Legislation

AuthorityCovers

Anti-Discrimination Act 1977 (NSW)

Race Discrimination Act 1975 (Cth)

Disability Discrimination Act 1992 (Cth)

Deal with school exclusion matters.

Disability Standards for Education 2005 (Cth)

NSW Department of Education Suspension and Expulsion of School Students Procedures (2011)

Deal with procedures for suspension and expulsion from NSW government schools. 
Education Act 1990 (NSW)Deals with schooling matters in NSW.

Common term
​Definition
​Compulsory school age​A child who is aged six years or older and who is under the minimum school leaving age.
​Compulsory schoolingAll children in NSW of compulsory school age must receive schooling. 
​Compulsory schooling conference

A conference directed by the Children’s Court or Secretary of the Department of Education that requires a parent and/or child to attend to:

  • identify and resolve any issues relating to the child’s non-attendance at school
  • identify services that can assist the child to attend school
  • propose undertakings and orders for the Children’s Court to consider. 
​Compulsory schooling order

An order made by the Children’s Court that requires a child to receive compulsory schooling.

An order can be made against:

  • a child’s parents, or
  • a child aged 12 years or over if the child is living independently, or if the child’s parents can’t get the child to go to school because the child is disobedient. 

​Compulsory schooling undertaking

​An agreed plan between the school, parents and agencies to support a child’s attendance at school.

The undertaking may address the reasons why the child is not attending school and include support options.

A compulsory schooling undertaking can be used in court in compulsory schooling proceedings.

​Corporal punishment​Physical force applied as punishment or discipline.
​Enrolment directionA direction by the Secretary of the Department of Education that a student is not to be enrolled at any government school other than a government school of a kind specified in the direction.

​Minimum school leaving age

A child has reached the minimum schooling leaving age if they are:

  • 17 years of age, or
  • under 17 years of age and they have completed Year 10 of secondary education and are:
    • enrolled in approved education or training full time
    • employed full-time, or
    • a combination of both.
​Non-attendance direction​A written direction that a student must not attend school during a specific period of time. 

OrganisationFees
NSW Department of EducationThere is no fee for a child to attend a public school, their schooling is free. 
All schools can request contributions to enhance their educational and sporting programs. School contributions are voluntary. 
Schools may charge students for elective subjects that go beyond the minimum requirements of the curriculum. Parents who are unable to pay for elective subjects because of financial hardship may be eligible for assistance from the school.

OrganisationForms
NSW Department of EducationApplication to enrol in a NSW Government school

TypeCosts
Legal costsYou have to pay your own legal costs if you get a private lawyer to represent you.

Frequently Asked Questions

Schooling FAQs

Frequently Asked Questions about school attendance, bullying, school discipline, suspension and expulsion.

Our services

Contact us

Call us on 1300 888 529 between 9am and 5pm, Monday to Friday (excluding public holidays).

More services

Aboriginal Legal Service

The Aboriginal Legal Service provides legal assistance to Aboriginal and Torres Strait Islander adults and children with a schooling matter. Call on 1800 765 767.

Anti-Discrimination NSW

Anti-Discrimination NSW handles complaints about unlawful discrimination in education.

Aus Centre for Disability Law

Call on 1800 800 708 or (02) 7229 0061 between 9.30am and 12.30pm on Mondays and Wednesdays and between 1.30pm and 4.30 pm on Thursdays for advice about disability discrimination.

Aus Human Rights Commission

Australian Human Rights Commission handles complaints about unlawful discrimination in education.

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

NSW Ombudsman

The NSW Ombudsman handles complaints about NSW Government agencies, including NSW Department of Education. Call on 1800 451 524 Monday to Friday between 9am to 4pm.

Solicitor Referral Service

If you need legal help and are looking for a law firm, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Youth Law Australia

Youth Law Australia provides free and confidential legal information, advice and referrals about schooling.

Last updated: December 2024