Education and Training Reform Act 2006 (Vic)

This is the primary legislation that establishes:

• The right to education
• The responsibilities of schools and the Department of Education
• Student safety and wellbeing obligations
• Enrolment, attendance and discipline requirements
• The operation of government schools

However, for day-to-day school practice, a lot of what families experience is guided by Ministerial Orders, which sit under that Act. These are legally binding directions to schools.

The most important one for disability, behaviour and safety is:

Ministerial Order No. 1125 – Procedures for Suspension and Expulsion of Students in Government Schools

This governs:

• Behaviour management
• Use of suspension and expulsion
• Requirements to consider disability and reasonable adjustments
• Student support obligations
• Procedural fairness
• Duty of care

For disability and inclusion, schools must also comply with:

• Disability Discrimination Act 1992 (Cth)
• Disability Standards for Education 2005 (Cth)
• Equal Opportunity Act 2010 (Vic)

Together, these mean schools must:

• Provide reasonable adjustments
• Consult with parents
• Avoid indirect discrimination
• Ensure students with disability are not excluded or punished for disability-related behaviour

So the legal framework looks like this: