Responsibility: State and territory governments
Response:
TAS: Accept
ACT, NSW, SA, VIC, WA, NT: Accept in principle
QLD: Subject to further consideration
Australian Capital Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
Legislation for non-government schools has been passed and implemented through the Non-government Registration Standards. Mechanisms for government school assurance have been identified and are in progress.
ACT government response July 2024
The 2022 amendments to the Education Act 2004 (ACT) addressed several elements of this recommendation related to the requirements for registered non-government schools. The Inclusive Education: A Disability Inclusion Strategy for ACT Public
Schools 2024-2034 and First Action Plan 2024-2026 commit to embedding inclusion in school planning, review and improvement processes. An internal audit will be conducted to ensure the appropriateness of these mechanisms for monitoring, compliance, and enforcement purposes, with any adjustments to be informed by the outcomes of this audit.
New South Wales
Response: Accept in principle
Status: In progress
What has been achieved to date
The NSW Education Standards Authority (NESA) is engaging in targeted consultation to implement this recommendation and has commenced developing and drafting amendments to school registration manuals, subject to further consultation. NESA will closely monitor the progress and impacts of relevant recommendations to further inform policy direction and implementation.
NSW government response July 2024
The NSW Government supports in principle, any amendments to the school registration requirements and regulatory oversight which aims to improve the safety, inclusivity and quality of education for students with disability.
The NSW Education Act 1990 and NSW school registration requirements currently require all schools to provide a safe and supportive environment for students.
Northern Territory
Response: Accept in principle
Status: In progress
What has been achieved to date
From 2025, through the Better and Fairer Schools Agreement, clear improvement requirements were rolled out in Northern Territory schools and will be reviewed through Annual School Improvement Plans and the National School Improvement Tool. Additionally, schools received detailed program statements, outlining expectations and conditions for delivering targeted funding programs, including special schools and centres, and a focused Autism and communication program.
Biannual reports from the Student Advocacy Service providers outline the issues families experienced and required support for. This data will allow analysis of trends to be included in monitoring compliance with school duties.
NT government response July 2024
The Northern Territory Government is committed to strengthening training and support to ensure schools meet their obligations under the Disability Standards for Education and to strengthening frameworks for monitoring inclusive practices and informing improvement measures.
Queensland
Response: Subject to further consideration
Status: Subject to further consideration
What has been achieved to date
Further consideration is ongoing, noting actions in response to this recommendation will be informed by consultation.
QLD government response July 2024
Further consideration is necessary to investigate the significant investment in upskilling school leaders, teachers and allied health that will be required in Queensland.
South Australia
Response: Accept in principle
Status: Further work required
What has been achieved to date
The South Australian Department for Education has established a collaborative working group with the non-government education sectors, to progress cross-sector actions for implementation.
SA government response July 2024
The South Australian government is supportive of strengthening inclusive education practices. Further consideration about the proposed expansion of the regulatory role of the Education Standards Board is required to ensure this is the best model to implement this reform in South Australia.
Tasmania
Response: Accept
Status: Further work required
What has been achieved to date
The Tasmanian Department for Education Children and Young People will undertake scoping of the policy work in 2026, with the Education Act Regulations 2017 due to be updated in 2027 to enable implementation of recommendation.
TAS government response July 2024
The Tasmanian Government accepts this recommendation.
The Tasmanian Government is committed to ensuring the Tasmanian Government meet all obligations to ensure our schools are inclusive of students with disability.
Victoria
Response: Accept in principle
Status: Further work required
What has been achieved to date
The Victorian Department of Education is considering the current school monitoring mechanisms, including the school registration requirements with a view to identifying opportunities to strengthen the enforcement of policies, procedures and reporting relating to school compliance with inclusive practices.
VIC government response July 2024
We accept this recommendation in principle.
We support the intent of the recommendation. However, we need to consider further the best way to achieve it.
This includes the implications of extending the school registration authority’s role to oversee non-government schools.
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 is committed to considering human rights obligations in future policies as stipulated in (a). For (b) and (c), implementation is subject to further analysis and resourcing and outcomes of the review of the School Education Act 1999 (WA).
What the Disability Royal Commission said in the final report
State and territory governments should strengthen the enforcement of inclusive education practices by expanding school registration requirements to include:
- school enrolment policies (see Recommendation 7.1)
- procedures to ensure members of the school workforce understand their obligations and are supported to access professional development (see Recommendation 7.8)
- procedures to collect, analyse and report on complaints and the use of restrictive practices and exclusionary discipline (see Recommendations 7.2 and 7.10)
- reporting on the use of funding for students with disability (see Recommendation 7.12).
State and territory school registration authorities should monitor compliance with these requirements through cyclical reviews of schools and out-of-cycle reviews in response to individual complaints (or complaint trends) or other information that indicates possible non-compliance with regulatory requirements.
The Western Australian, Australian Capital Territory and Northern Territory governments should identify appropriate mechanisms to ensure government schools in their jurisdictions are subject to these mandatory obligations, with appropriate monitoring, compliance and enforcement.
More recommendations
View progress on other recommendations made by the Royal Commission.