School & Education: Discipline, Rights & Responsibilities Archives | Barwon Community Legal Service
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School & Education: Discipline, Rights & Responsibilities

Schools and education providers have rules about behaviour, discipline, mobile phones and fair treatment.

You have the right to know these rules, understand decisions that affect you, and speak up if you think something is unfair.

The rules and processes can vary depending on whether you attend a government, Catholic, independent school, or other education provider so read on to learn more.

Topics

All Victorian government school students must not use mobile phone during school hours, this includes during classes, recess, and lunch and during all other school activities throughout the school day.

The ban applies to all year levels.

What you need to do

  • Your phone must be switched off or on silent and
  • Stored away securely during school hours

What happens if you break the rules?

Breaching the ban can be treated as a breach of school rules and may contribute to disciplinary action, including suspension in repeated or serious cases.

If your phone is confiscated

The school must return it, usually at the end of the day or for younger students, to a parent or guardian.

Learn more

For more information about Victoria’s mobile phone policy in schools, visit:

Being treated unfairly at school because of who you are is against the law.

This includes being treated differently or less favourably because of a personal characteristic protected by law, such as your:

  • Disability
  • Race
  • Sex
  • Gender identity
  • Sexual orientation
  • Religion
  • Age

What discrimination can look like

  • Being excluded from activities or opportunities
  • Being punished more harshly than other students
  • Being refused reasonable adjustments or support
  • Being bullied, harassed or targeted by staff
  • A school failing to take action or respond appropriately to bullying or harassment

What you can do

If you think you have experienced discrimination at school, you can make a complaint to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

This applies to all schools and education providers in Victoria, including government, Catholic, and independent schools.

Time limit: There is a 12-month time limit from when the discrimination occurred, so act quickly. and seek advice as soon as possible.

Suspension and expulsion are serious decisions, and government schools must follow strict legal procedures before they can take this action.

You have the right to know why a decision has been made, to tell your side of the story, and in some cases to appeal the decision.
Government schools are required to follow clear policies and formal processes when managing student behaviour.
This is to make sure decisions are fair, consistent and in line with the law.

Suspension

  • Only the principal can suspend you
  • The principal must consider other options before suspending you
  • You must be given the chance to respond before any decision is made
  • You and your parent or guardian must receive a written notice stating the reason and the dates
  • From Term 3 2025 — New power: Principals can also suspend or expel students for serious behaviour that happens outside school or online, if it puts students or staff at serious risk — this previously only applied to behaviour at school or school activities

Expulsion

  • Expulsion is permanent exclusion — the principal must believe it is the only option left
  • Before a decision is made there must be a formal meeting where you, your parent or guardian, and a support person can attend and respond
  • The school must consider alternatives, your educational needs, age, disability (if any), and circumstances must all be taken into account
  • If you are under 17 and expelled the school must make sure you are enrolled somewhere else or have employment — they cannot just expel you and leave you with nothing
  • You have 10 business days from receiving your expulsion notice to lodge an appeal — this is a strict deadline, do not miss it

Complaints – Government Schools:

  • Step 1: Raise the issue with the school first
  • Step 2: If not resolved, contact the Victorian Ombudsman | 🌐 ombudsman.vic.gov.au — Independent of government — can investigate and recommend action

You may also be able to take legal action if you were not heard, the decision did not follow proper procedure, or you were treated unfairly because of your disability, race, gender, sexuality, or another protected characteristic.

Suspension and expulsion are serious decisions.

Schools must follow their own procedures before taking this action, and you have the right to know why, to share your side of the story, and in some cases to appeal the decision.

The rules and processes can vary depending on your school type. While government schools must follow strict legal procedures, Catholic and independent schools set their own policies and have more flexibility.

This means these schools are not bound by the same strict processes as government schools, but they are still expected to act fairly and follow their published policies when making decisions about suspension or expulsion.

  • Ask for a copy of your school’s disciplinary procedures — each school’s rules are different
  • All private schools must have a complaints procedure — start there
  • There is no government appeal pathway for expulsion from a private school
  • Physical punishment is never allowed at any school in Victoria

Complaints – Private, Independent & Catholic Schools:

  • Step 1: Follow the school’s internal complaints procedure
  • Step 2 — Independent schools: If not resolved, complain to the VRQA (Victorian Registration and Qualifications Authority) | 🌐 vrqa.vic.gov.au — they can investigate breaches of minimum registration standards — You must complain within 12 months of the incident
  • Step 2 — Catholic schools: If not resolved, contact the Victorian Catholic Education Authority (VCEA) | 🌐 vcea.catholic.edu.au/complaints
  • Discrimination at any school: Contact the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) | 🌐 humanrightscommission.vic.gov.au

If you think a decision was discriminatory or the school did not follow its own rules, get legal advice quickly — strict time limits apply.

If you need urgent assistance or feel unsafe right now, call 000.

Legal advice: Do you think you may have a legal issue and would like advice? Free and confidential help is available.

Contact:

More support for this topic:

If you need to speak to someone urgently please call:

  • Lifeline (Free 24/7) | 📞 13 11 14 | 💬  Webchat | 📱 Text 0477 131 114
    Crisis support and suicide prevention
  • Kids Helpline (Free 24/7) | 📞 1800 551 800 | 🌐 kidshelpline.com.au
    Counselling service for young people aged 5 to 25
  • 🌈 Rainbow Door (10-5pm every day) | 📞 1800 729 367 | 📱 Text 0480 017 246 | 🌐 rainbowdoor.org.au 
    Free helpline and specialist support service for LGBTIQA+ Victorians, their friends and families
  • 🖤💛❤️ 13YARN (Free 24/7) | 📞 13 92 76 | 🌐 13yarn.org.au
    Aboriginal & Torres Strait Islander crisis support line developed and run by community in partnership with Lifeline

Other helpful resources:

  • Ask Izzy | 🌐 askizzy.org.au
    FREE directory to find local housing, food, and support services near you
  • Quick Help Guide (BAT Force) | 🌐 batforce.org.au/quick-help-guide
    A practical guide connecting you to support for food, housing, mental health, family violence, financial stress and tenancy
  • YouthNav (Youth Central) | 🌐 youthcentral.vic.gov.au/youthnav
    A life skills and information hub for young people aged 12 to 25 that helps build knowledge, confidence, and independence into adulthood

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