Recommendation 7.1 – Provide equal access to mainstream education and enrolment

Australian Capital Territory

Response: Accept 
Status: Complete

What has been achieved to date

The ACT passed in August 2024 the Education Amendment Bill 2024 that reinforces in legislation, the rights of children and young people with disability to enrol, attend and access adjustments at their local school. This Bill commenced on 1 January 2025.

ACT government response July 2024

The Inclusive Education: A Disability Inclusion Strategy for ACT Public Schools 2024-2034 and First Action Plan 2024-2026 commit to reviewing legislation and policy to reinforce the right of children and young people with disability to enrol, attend and access adjustments at their local school. Through the ACT Compulsory Education Student Enrolment and Attendance Policy all student with disability can already attend and enrol in their local school on the same basis as their peers. In April 2024, the Education Amendment Bill 2024 (ACT) was introduced to enshrine this right in law.

New South Wales

Response: Accept in part
Status: In progress

What has been achieved to date

There is an existing legal entitlement of students with disability to enrol in their local mainstream schools under the Education Act 1990 (NSW).

The NSW Department of Education has completed an equity focused review of its enrolment policy. This review was undertaken to support the department to confidently deliver on its legislative requirement to provide equal access to mainstream education and enrolment, and considered issues raised in the Royal Commission. As a result, adjustments have been made to the NSW enrolment policy. These changes commenced in term 1 2025. 

NSW public schools must now prioritise non-local enrolments for students with learning and wellbeing needs requiring reasonable adjustments and/or additional educational support, including cultural considerations, disability, developmental age, trauma, child protection concerns, medical and individual needs and circumstances. 

Further work is underway to consider additional changes for student enrolments commencing in Term 1 2026 to clarify and better support short-term and/or shared enrolment for Aboriginal students based on cultural need.

NSW government response July 2024

The NSW Government supports legal entitlement for students with disability to enrol in their local mainstream schools. This is an existing entitlement in NSW under the Education Act 1990 (NSW). The NSW Government also supports, and will continue to provide and disseminate, clear and accessible material for students with disability and their families on their rights. This includes the obligations of schools relating to applications to attend a local school as well as enrolment review processes. 

The NSW Department of Education is currently reviewing its enrolment policy. This review of enrolment procedures is intended to support the department to confidently deliver on its legislative requirement to provide equal access to mainstream education and enrolment consistently across the state. 

Further consideration is required in relation to other components of this recommendation to ensure:

• undue confusion and administrative complexity is not created for families and schools by introducing an additional caveat to existing legislation, e.g. ‘unjustifiable hardship’) noting that existing NSW legislation adequately addresses this intent
• data collection, reporting and review processes of enrolment decisions do not impose undue administrative burden on schools and/or families.

Northern Territory

Response: Accept in principle
Status: In progress

What has been achieved to date

The Northern Territory Department of Education and Training delivers a Student Advocacy Service to support families in consulting with schools to meet their child’s needs, including enrolment, participation and access to inclusive education, with participation adjustments, alongside other children at their local school. This service is delivered independently by non-government organisations, ensuring a trusted and impartial source of support for families navigating the education system.

Planning is currently underway to expand into additional regions beginning with a trial in Central Australia in mid-2025. The service also plays a key role in informing system improvement by collecting data on common themes and systemic issues that impact access and inclusion, helping to guide necessary workforce training, policy refinement and compliance measures across the school system.

NT government response July 2024

The Northern Territory Government is committed to inclusive education where all children have access to a quality education that allows them to reach their potential. The Department of Education and Training, through the NT Framework for Inclusion 2019-2029, is dedicated to strengthening inclusive practices and funding to ensure that students with disability are supported in a needs based, equitable and transparent manner.

Queensland

Response: Accept in principle
Status: In progress

What has been achieved to date

The Queensland Department of Education’s (DoE) enrolment procedures and policies state that children and young people with disability can enrol at their local state school where they will be welcomed and supported to participate in school activities, learn and achieve their full potential. 

Further work is required to review enrolment practices in mainstream Queensland state schools. Planning has commenced about how best to engage with stakeholders, including students with disability and their families and Queensland state school staff, to identify the best way to provide information about navigating state schooling options.

QLD government response July 2024

Current procedures and policies relevant to enrolment of students in Queensland state schools support this recommendation.

South Australia

Response: Accept in principle
Status: In progress

What has been achieved to date

The South Australian government has committed $14m (over the next 4 years) to establish specialist classes and disability units at schools, ensuring that students have access to suitable supports, resources and infrastructure. 

The South Australian Department for Education:

• is progressing South Australian cross-education sector actions to support non-discrimination practices at enrolment and consistent use of exclusionary responses, including considering amendments to the Education and Children’s Services Act 2019 (which also relates to recommendation 7.02: Prevent the inappropriate use of exclusionary discipline against students with disability). This work will draw on the South Australian Department for Education’s ‘suspension, exclusion and expulsion of students procedure’.
• is working on a new digital enrolment system enabling transparency and equity in enrolment practices and addressing gatekeeping.
• is developing a Leadership Capability Framework and Professional Learning Design Principles, underpinned by the principles of diversity, inclusion, and accessibility. In late 2024, the department established a Disability Inclusion Network to provide valuable insights, experiences, and feedback to shape the department’s Disability Action Plan.
• has developed a draft Reasonable Adjustment Guideline for its workforce and continues to implement recommendations from a Job Access audit (also relates to recommendation 7.08: Workforce capabilities, expertise and development)

SA government response July 2024

In South Australia, current government policies and procedures require the provision of equal access to mainstream education and enrolment for every child, including students with disability. The South Australian government will review what amendments to legislation would be appropriate to reinforce these requirements.

Tasmania

Response: Accept in principle
Status: In progress

What has been achieved to date

7.1.1 Policy and legislative analysis have taken place to confirm that Tasmania currently meets this recommendation in principle. The Tasmanian education system is set up on a default position of all students with disability being enrolled in their local government school, and those wishing to be enrolled in one of the States three Support Schools needing to go through an application process. Educational Adjustments Disability Funding Model helps all schools make the educational adjustments required to support any student in any school. 

7.1.2 As almost all students with disability go to their local school, it is not considered necessary at this time to develop a data collection on enrolment refusal or to establish an independent review process.

7.1.3 In 2023 the Tasmanian Government released an independent review of the Educational Adjustments Disability Funding Model. Part of the response has included a review and refresh of guidance to better support schools in identifying needs of students with disability; improve practices and procedures; and improve consistency across the system. We have and will continue to provide clear guidance materials for all stakeholders regarding inclusive practices, to assist in equitable enrolment and processes for concerns. 

A review of enrolment procedures for Government Support Schools is planned for 2025.

TAS government response July 2024

The Tasmanian Government accepts this recommendation in principle.

The Tasmanian Government supports ensuring all children and young people have access to appropriate education provision and recognise a student’s right to attend their local mainstream school where possible.

Victoria

Response: Accept in principle
Status: In progress

What has been achieved to date

The Victorian Department of Education has updated 2026 school enrolment information packs and relevant webpages for schools and families, to highlight the right for all students, including those with disability, to enrol in their local mainstream school, or another mainstream school if there is sufficient accommodation.

VIC government response July 2024

We accept this recommendation in principle.

We support students with disability to attend their local mainstream school. The Education and Training Reform Act (2006) provides for this.

We also support fair and equitable enrolment and appeals processes.

We will explore the suggestion for a central record of enrolment decisions.

Western Australia

Response: Accept in principle
Status: In progress

What has been achieved to date

In December 2024, the Review of the School Education Act 1999 (WA), concluded. The Final Report is under consideration by the WA Government.

WA government response July 2024

The WA Government accepts in principle this recommendation. The WA government commenced a review of the School Education Act 1999 (WA) on 4 December 2023 to better safeguard students with disability and to strengthen access, inclusion, and services across the education system. Implementation of this recommendation is subject to consideration of any additional requirements that impose increased regulatory burden or a requirement on private organisations to provide sensitive data to Parliament and conflicts with non-government school independence.

What the Disability Royal Commission said in the final report

States and territories should amend education Acts (or the equivalent) to:

• create a legal entitlement for students with disability to enrol in a local mainstream school
• provide that the right to enrolment is subject only to ‘unjustifiable hardship’ in the sense used in the Disability Discrimination Act 1992 (Cth).
  State and territory governments should take the following actions to prevent gatekeeping in mainstream schools:
• maintain a central record of decisions on enrolment refusal or cancellation and provide an annual report to the responsible minister for education on trends and any additional actions required to address barriers
• establish an independent review process to enable a parent or supporter of a child or young person with disability to challenge a refusal to enrol the child or young person in a school.

State and territory educational authorities should disseminate clear, accessible, transparent material for students with disability and their families on their rights, the obligations of schools relating to applications to attend a local school, and review processes

More recommendations

View progress on other recommendations made by the Royal Commission.