Complaints about a non-government school

Raising concerns

Under the Education Act 1990 (the Act), the NSW Education Standards Authority (NESA) is responsible for monitoring the compliance of non-government schools with registration requirements.

You can find the requirements detailed in the manuals:

• NSW Registered and Accredited Individual Non-government Schools Manual 
• NSW Registration Systems and Member Non-government Schools Manual.

For complaints regarding government schools, contact the NSW Department of Education.

First raise the matter with the school

All registered non-government schools are required to have a complaints procedure in place. If a complaint concerns a non-government school, the school is required, where possible and appropriate, to provide an opportunity to resolve the issue.

NESA advises you to contact the non-government school directly.

Complaints about a non-government school can be made to NESA at any time provided there is either:

• clear evidence that options for pursuing the complaint at the school have been pursued without resolution; or
• a compelling reason that this would not be appropriate.

An individual or organisation may contact NESA for advice on how to raise an issue or proceed with a complaint.

The role of NESA

The regulatory role of NESA does not involve ownership, governance or management of non-government schools.

The proprietor of a non-government school is the school’s owner. They are responsible for all actions and decisions taken by the school, including;

• governance
• management
• policies and procedures
• and all decisions relating to operation of the school.

These matters are at the discretion of the proprietor of the school.

While NESA may investigate complaints regarding the requirements for registration, it does not investigate:

• allegations of criminal behaviour, such as alleged fraud or child abuse
• matters relating to the statutory functions of other government agencies, such as alleged breaches of funding conditions
• matters where common law remedies may be available to the complainant, such as alleged breaches of contractual obligations.

Process for raising concerns with NESA

Complaints must be made in writing and include details of:

• the name, address and contact details of the individual(s) or organisation making the complaint
• the individual(s) or organisation against whom the complaint is being made
• the issue or matter to which the complaint relates
• how the complaint relates to the requirements as detailed in the NESA registration manuals
• evidence that options for pursuing the complaint at the school have been pursued without resolution, or an outline of the compelling reason(s) why this would not be appropriate
• evidence to substantiate the complaint, including copies of correspondence and any other relevant documents
• an account of any other action already taken in relation to the complaint.

You can contact The Director, of Regulation of Schooling by phone, email or post with your concerns:

• Phone: (02) 9367 8111
• Email: schoolrego@nesa.nsw.edu.au
• NSW Education Standards Authority
  GPO Box 5300
  SYDNEY NSW 2001

How will NESA manage my concerns?

When complaints about a non-government school are raised with NESA in writing, they are assessed by an Inspector. The Inspector will determine whether there is a line of inquiry for NESA to pursue in relation to the school’s compliance with the requirements of the Act for registration.

Complainants will be advised in writing regarding the outcome of the Inspector’s assessment.

If the concerns relate to the registration requirements and there is sufficient evidence to form a specific line of inquiry in relation to the school’s current compliance, NESA may investigate whether the school is complying with the registration if:

• the concerns relate to the registration requirements
• there is enough evidence to form a specific line of inquiry in relation to the school’s current compliance.

An investigation focuses on the school’s compliance in terms of whether:

• the policies and procedures of the school comply with the requirements for registration
• the school has followed its policy and procedure in the context of the concerns raised
• any non-compliance is an isolated instance or part of a systemic pattern.

A line of inquiry is based on specific details that can be put to the school for response. An investigation often requires identifying the person making the complaint. If requested, NESA will not identity a complainant to a school. However, possible lines of inquiry may be limited or closed.

The school is required to address the compliance concerns  if an investigation finds that they do not have or did not implement the required curriculum, policies or procedures. Where relevant, NESA monitors a school to ensure that the concerns are addressed.

Complainants will be advised in writing regarding the outcome of the NESA investigation.