Page 3407 - Week 13 - Wednesday, 25 November 1992
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and some independent schools - the right of appeal against a decision made by others that may have a lifelong effect on one's future. In order to achieve this, the Bill sets up a board of review the composition of which reflects the interests of the students and the government and independent schools. In other words, it is an external review process that allows a relatively detached and factually based consideration of what is often a contentious issue affected by personal perspectives and antagonisms. An important principle underlying the Bill is the idea that, by publishing the results of the review by the board, schools will be encouraged to make decisions in as fair a manner as possible.
Expulsion from a school is not a minor incident in one's life, especially if it occurs in the critical years 11 or 12. However, I believe that the decision to expel should never be taken lightly and that in some cases it may be the only alternative left to the school. It is generally an action that signifies defeat; that is, the behaviour exhibited by the student has not been seen as symptomatic of a problem - either the student's or the school's - and this problem has not been dealt with. By expelling a student, the management of that school is merely shunting the problem away unresolved.
I am aware that the government school system already has an appeals mechanism and that their policy on student management provides sound mandatory procedures for transfer, exclusion and expulsion. I am pleased and proud to say that these procedures are part of government school policy. I also applaud the Catholic system's recent moves to put an appeals board into operation. However, this leaves quite a few schools with no appeals mechanism, and they appear to be setting themselves above the law and conventional legal processes. The board of review proposed in this Bill will have the capacity, upon application by a student or parent, to examine the decision made by the school, to determine whether or not it was fair, and to remit for consideration any decision that is considered unfair.
This Bill represents the culmination of extensive public consultation. An exposure draft was circulated in September to all schools and relevant bodies for comments. This Bill has substantially the same effect as the exposure draft but has been simplified and further revised to make its language easier to understand. Responses to the exposure draft have ranged from eager support from government sectors and students, from both government and independent schools, to outrage and indignation from some independent executives. I find it interesting that the most outraged responses have come from the very sectors that purport to offer the highest levels of education - they are certainly the most expensive - and that would deny their own charges a basic democratic right: The right to challenge a decision that will severely affect them for many years to come. Does this same educational philosophy demand unquestioning acceptance of a curriculum and educate young people to be submissive and not to defend themselves?
Before those who would scream "interference in the autonomy of schools" jump up and down, I reiterate that I do understand that some expulsions are necessary; that this action is sometimes the only one left to schools in a situation that has become untenable; that schools, as a last resort, having tried a whole host of positive disciplinary actions, are left with expulsion as the only logical choice of action. These schools would find, if a student lodged a complaint, that the
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