Responsibility: Education Ministers Meeting
Joint response: Accept in principle
Status: Further work required
What has been achieved to date
All governments share a vision for more accessible and inclusive education for school students with disability.
Governments have signed the Better and Fairer Schools Agreement or Better and Fairer Schools Agreement – Full and Fair Funding 2025-2034 which commits all parties to continue and/or build on existing efforts in the areas of equity and excellence, wellbeing for learning and engagement, and a strong and sustainable workforce for all students and particularly those in priority equity cohorts.
State and territory governments, which are responsible for the day-to-day operations of schools, are progressing work to implement this recommendation based on their local needs.
Implementation of this recommendation will be informed by the ongoing modernisation of the Disability Discrimination Act 1992.
Some examples of state and territory progress to implement the intent of this recommendation include, but are not limited to:
- From Term 1 2024, the New South Wales (NSW) Department of Education has implemented a new Student Behaviour Policy, developed in collaboration with key stakeholders. The policy reflects the NSW Government's clear commitment to safety in schools. It also promotes proactive, preventative and evidence-based approaches to behaviour support. Suspension remains an important safeguard, alongside the support associated with the policy which prioritises student wellbeing, engagement, and early intervention, including notification mechanisms to identify suspended students requiring proactive support.
- In December 2024, the South Australian Government, together with the non-government school sector, announced cross-education sector action to support non-discrimination practices at enrolment, which includes amendments to the Education and Children’s Services Act 2019.
In December 2024, a review of Western Australia’s School Education Act 1999 was completed, led by an independent expert panel and advisory council to identify barriers or opportunities to strengthen access and inclusion for students with disability. Findings from the Royal Commission were considered as part of the review. The review included consideration of discipline, suspensions and exclusions. The State Government is considering the final report.
What the Disability Royal Commission said in the final report
State and territory educational authorities should review all regulations, rules, procedures and other instruments regulating exclusionary discipline to ensure they:
- adopt the principle that education providers:
- should avoid the use of exclusionary discipline on students with disability unless exclusion is necessary as a last resort to avert the risk of serious harm to the student, other students or staff
- in considering the use of exclusionary discipline, consider the student’s disability, needs and age, and the particular effects of exclusionary discipline for young children
- require steps to be taken before exclusion to ensure an individual behaviour plan and reasonable adjustments have been implemented for the student, including consultation with the student and their family, carers or supporters.
- include a duty for principals to report the repeated use of exclusionary discipline involving a student with disability to an escalation point within educational authorities for independent case management
- include a robust review or appeals process for students with disability and their families or carers and supporters
- ensure students with disability have access to educational materials appropriate to their educational and behavioural needs while subject to exclusionary discipline
- support students with disability to re-engage in education post exclusion.
State and territory educational authorities should review provisions governing the registration of non-government schools to impose obligations relating to exclusionary discipline in the non-government sector that are commensurate with those of the government sector.
Section 22(2)(b) of the Disability Discrimination Act 1992 (Cth) should be amended to cover ‘suspension and exclusion’ as well as expulsions.
Joint Government Response July 2024
The Australian Government and state and territory governments support the Disability Royal Commission’s vision for more accessible and inclusive education for school students with disability.
Education Ministers commit to work in partnership with people with disability to set out how this vision will be achieved over time.
More recommendations
View progress on other recommendations made by the Royal Commission.