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School – frequently asked questions
What are my rights if I’ve been suspended?
What are my rights if I’ve been expelled?
Can private schools make their own rules about what you can be suspended or expelled for?
What can I do if I’m being bullied?
What are my rights if I’ve been suspended?
Suspension is when you are excluded from school for a short time.
Suspension is normally only used when the school has tried other ways of sorting out the problem but it has not worked. You can be suspended if, while you’re at school, or travelling to or from school, you:
- create a danger to people at school
- use serious violence against people
- seriously damage property
- steal or help others steal
- sell, use or bring drugs to school
- disobey clear and reasonable instructions from school staff
- disturb order at school or stop others from learning or taking part in school life
- discriminate against, harass or bully other people.
If you are 16 or older you can be suspended if you deliberately and regularly do things like skip classes or don’t do any work.
The principal should let you explain what happened and consider other penalties before suspending you. They should also meet with your parents or guardian to talk about the situation and explain what happens if you are suspended. You can take a support person to the meeting if the principal agrees.
You can be suspended immediately if the principal thinks this is necessary.
You can’t be suspended for more than 10 school days at a time. You can’t be suspended for more than 20 school days in a year. You can still do school work while you are suspended. The school must give you work if you ask.
If you don’t agree with the suspension and want advice about what to do, you can contact the Department of Education and Early Childhood Development. Contact the department to find out the name of the regional director in your area. If you are not happy with their response you can write to the Victorian Ombudsman.
If you are worried about getting advice or taking action you can ask your parents, your guardian or someone else you trust to help.
Related websites
Department of Education and Early Childhood Development (new window)
Ombudsman Victoria (new window)
What are my rights if I’ve been expelled?
Expulsion is when you are excluded from school permanently. You can be expelled for doing any of the things you can get suspended for and if your behaviour is so serious that suspension is not enough.
The school must give you and your parents the chance to explain why you should not be expelled. You and your parents have to be given a notice within 24 hours of your expulsion, stating:
- the date your expulsion starts
- the reason for expulsion
- how to appeal against the expulsion.
If you are under 17 the Department of Education and Early Childhood Development regional director must help you enrol in another school. If you are 17 or older the school will give you options for continuing your education. In really serious cases the regional director can stop you from going to other government schools. If they do this they must give you other options.
If you disagree with expulsion your parent or guardian can write to the principal within five days of getting the expulsion notice to say you want the decision reviewed. Include your reasons and say whether you want to argue your case in person.
If you are over 16 and don’t live at home you can write to the principal or regional director yourself.
The principal will send your letter to the Expulsion Review Panel. The panel includes two to three people from the school and the community. They will hold a hearing where you and your parents can explain why you should not be expelled. You can bring a support person as long as they are not being paid to be there.
The panel can either agree with the expulsion or recommend that you return to school. If you don’t agree with the panel’s decision your parent or guardian can write to the regional director within 10 days of being told their decision.
The regional director will ask someone to investigate the case. If you still don’t agree with the investigator’s decision you may be able to challenge it in court. Get legal advice and other support.
Related pages
Related websites
Department of Education and Early Childhood Development (new window)
Ombudsman Victoria (new window)
Can private schools make their own rules about what you can be suspended or expelled for?
Private (non-government) schools have more freedom to suspend and expel students than government schools. Get a copy of your school’s disciplinary procedures to find out how to challenge a decision.
You may be able to challenge your suspension or expulsion in court or through a tribunal.
The Victorian Ombudsman can investigate decisions made by government schools and can recommend different action.
Related websites
Ombudsman Victoria (new window)
What can I do if I’m being bullied?
There are different types of bullying, including:
- physical – this means hurting your body, like hitting, pinching or kicking. It can also mean stealing or damaging your property
- verbal – this means speaking to you or about you in a mean and hurtful way, like teasing, name calling or spreading rumours
- non-verbal – this includes things that upset, exclude or embarrass you, like leaving you out of a game on purpose, using rude body language or writing, cyber-bullying with texting, emailing you unwanted messages or use of chat rooms to upset you.
Bullying is not acceptable. If you are being bullied you can take action to stop it. Schools and employers have a responsibility to make you feel safe and stop discrimination. Most schools and employers have policies about bullying.
If you are being bullied make a list of all the things that have happened and when they happened. See a doctor if you are harmed or under stress, and tell them why.
If the bullying is happening at school, talk to a teacher, welfare coordinator or school principal about what they can do. If it is happening at work, talk to your manager. Be prepared to name the bully.
Bullying can happen anywhere. It can come from adults, strangers and even family members or someone you have had a close relationship with. Ongoing bullying or harassment may also equal stalking. This may give you a right to apply to a court for an intervention order.
Remember: you can take action to stop bullying. Talk to an adult you trust.
Related pages
Discrimination & sexual harassment