Page 1878 - Week 06 - Wednesday, 8 June 2022
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For suspensions, transfers, expulsions and exclusions, the government is proposing a number of minor amendments which further clarify these provisions. This includes outlining that the requirement to “exhaust all reasonable alternatives” refers to alternatives that a school can reasonably make. This is to ensure that schools are not expected or required to implement alternatives that they are not able to implement.
The government amendments clarify what a decision-maker needs to consider to be satisfied that a suspension, transfer, expulsion or exclusion is appropriate, and clearly link the provisions relating to suspensions and involving students and parents back to the meaning of “unsafe or non-compliant” behaviour and the requirement to exhaust all reasonable alternatives. This is to provide further clarity to the reader that actions that must be taken are consistent with the earlier provisions in the bill.
When communicating about a suspension, the government amendments clarify the requirement to outline to decision-makers and parents how reasonable alternatives to suspending, transferring, expelling or excluding a student have been exhausted. These amendments respond to feedback from stakeholders that the current wording was difficult to understand.
The government amendments clarify the behaviours that would be grounds for enacting a suspension before giving the student’s parents or carers written notice. In this case, suspending a student before giving a parent or carer written notice can occur if the student’s behaviour presents an immediate or imminent risk of harm. The previous wording of “exceptionally serious” was considered subjective and open to interpretation, and therefore the proposed amended wording of “presents an immediate or imminent risk of harm” provides more clarity.
Government amendments are also proposed to clarify that the review of reasonable adjustments following suspensions includes a review of the adjustments themselves, as well as their implementation. This is to ensure that schools are appropriately implementing reasonable adjustments to support a student to learn safely and effectively at school.
As the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has education hearings this week, we can be confident that these provisions take steps towards addressing the national issues facing students with disability in our community, while also addressing broader safety issues for students and staff in ACT schools.
For non-government schools, the government amendments clarify that the registrar must make guidelines about how a registered school is to comply with the registration standards rather than that the registrar “may” make guidelines. This amendment is intended to provide clarity in the responsibilities of the registrar, as these guidelines are required to support schools in ensuring that they are compliant with the registration standards.
A government amendment is also proposed to section 110 of the bill to outline the requirement that the registrar must inform the registration standards advisory board if
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