Schools and universities

Rights and responsibilities in education

What’s covered by the law?

The Anti-Discrimination Act 1991 makes it unlawful for schools and universities to discriminate against students or staff in any aspect of education, including:

• admission and enrolment processes
• terms and conditions of enrolment
• access to resources, facilities and learning opportunities
• assessment, grading and participation in training
• suspension and exclusion decisions
• access to extracurricular activities like sports, excursions, or field trips.

Sexual harassment and vilification in educational settings – such as classrooms, lecture theatres, tutorials, workshops, or field trips – is also against the law.

Public schools and most universities, as public entities, must also act and make decisions that are compatible with the rights outlined in the Human Rights Act 2019 

Learn more about the obligations on public entities under the Human Rights Act 2019.

Responsibilities of education providers

Educational institutions have a legal duty to create fair, safe, and inclusive environments for students and staff. This includes:

• Preventing discrimination, sexual harassment and vilification: Institutions must actively address inappropriate behaviour and foster a culture of respect.
• Developing clear anti-discrimination policies and practices: Schools and universities need policies that outline acceptable standards of behaviour and provide a framework for addressing complaints and inappropriate behaviour.
• Providing training and support: Staff must be informed of their responsibilities under the law and equipped to handle complaints effectively.
• Establishing grievance procedures: Clear processes should be in place for students and staff to report concerns and seek resolution.

Institutions are responsible for taking reasonable steps to prevent unlawful behaviour. If discriminatory or other unlawful conduct occurs, they may be held liable unless they can demonstrate they have taken reasonable steps to prevent it.

Further special considerations

Enrolment

Schools and educational institutions may operate for students of a:

• particular religion, such as Islamic or Christian schools, and exclude students who are not of that religion
• particular sex, such as single-sex schools for boys or girls
• a general or specific impairment.

The Act does not allow schools and education institutions to discriminate when enrolling students on other grounds – such as sexuality, race, or gender identity.

Current students

Schools and educational institutions should not discriminate in their treatment of current students. An exception to this is where the student requires special services or facilities because of an impairment (disability), and the supply of the special service or facility would cause unjustifiable hardship for the educational institution.

Schools cannot require parents or students to agree to discriminatory terms. For example, in Australian Christian College Moreton Ltd v Taniela [2022] QCATA 118, a school was found to have discriminated on the basis of race in requiring a student to cut his hair contrary to a custom of the Cook Island race that the child’s hair is not cut until a hair cutting ceremony is held. Visit the race case studies page to read more.

Staff and employment of religious schools

Religious based schools and institutions also have exemptions when it comes to employing staff. Under the law, they can:

• require teachers to be of the religion for which the school was established (a genuine occupational requirement)
• expect staff to act consistently with the school’s religious beliefs, but only if:
  • it is a genuine occupational requirement
  • the staff member openly acts inconsistently with those beliefs during work-related activities
  • the action taken by the school is reasonable, considering factors like fairness and proportionality.

These exemptions do not apply to discrimination because of age, race, or impairment, and schools cannot request personal details about a staff member’s sexuality, family status, or age.

Supporting trans and gender diverse students

Schools are vital in fostering a sense of belonging for trans and gender diverse students, ensuring they feel safe, included, and valued. Inclusive attitudes, behaviours, and language should be embedded in the school’s culture – not just when engaging with trans and gender diverse students, but consistently across the community.