Discrimination at school

It is unlawful to discriminate against you at school because you have a characteristic that is protected by law.

NSW law does not allow discrimination in education because of:

• sex (including pregnancy and breastfeeding)
• race
• age
• marital or domestic status
• disability
• homosexuality
• transgender or transsexual status, or
• carer's or family responsibilities.

Sometimes it is not illegal for a school to discriminate against your school.

For example, a school can refuse to enrol your child where:

• the school is a single sex school and your child is the opposite sex
• the school is only for students of a certain age and your child is too young or too old
• the school only assists students with a disability and your child is not disabled.

Currently, private schools are generally exempt from anti-discrimination laws except for race discrimination laws. If your child is attending a private school and you believe the school has unlawfully discriminated against your child, you should get legal advice.

If you have a disability, schools must take reasonable adjustments to make sure your child is able to participate in courses and programs. Reasonable adjustments are things your school must do to help students with a disability to get an education on the same basis as a student without a disability.

The school must consult the student and/or parents about what kind of steps would be needed to help the student.

If you or your child has experienced unlawful discrimination at school, you should keep a record of what has happened. You may be able to complain to:

• the school principal
• your school’s regional director
• the NSW Department of Education, if the school is a public school
• the board of governors, if the school is a private school
• the Catholic Education Commission, if your child attends a Catholic school
• the Human Rights Commission
• Anti-Discrimination NSW.

Time limits apply for making a complaint:

• within six months of the discrimination if complaining to the Australian Human Rights Commission
• within 12 months of the discrimination if complaining to Anti-Discrimination NSW.

If you or your child has experienced unlawful discrimination at school, you should get legal advice.