The Department of Education ('DoE') oversees public education in NSW for early childhood, primary, and secondary schools. You can complain to the DoE about any aspect of these services, decisions made, policies, procedures, or staff conduct.
What types of complaints can you make?
Service Quality and Safety
You can make a complaint related to a public school or early education provider ('education provider') if:
- Your education provider does not provide quality education.
- Your education provider does not offer safe and well-maintained premises, facilities, and equipment.
Decision Making
You can make a complaint if:
- Your public school or early childhood education provider makes decisions that do not follow relevant policies, procedures, or legislation.
- Decisions are not made in a timely manner or lack adequate explanations for those impacted.
- Your request for information under the Government Information (Public Access) Act 2009 (NSW) (GIPA) is not handled properly.
- Your application for approval to operate an education and care service is rejected without proper justification.
Policies, Procedures, and Legislation
You can make a complaint if:
- Your public school or early childhood education provider fails to follow policies on enrolment, curriculum, complaint handling, conduct, bullying, assistance for students with learning difficulties, excursions, school attendance, or other mandatory practices.
- Your school does not comply with legislation such as the Education Act 1990 (NSW), the Privacy and Personal Information Protection Act 1998 (NSW), or the Government Information (Public Access) Act 2009 (NSW).
Staff Behaviour or Conduct
You can make a complaint if:
- Staff at your public school or early childhood education provider do not act with professionalism, safety, and well-being of students in mind.
- Staff engage in acts of discrimination, fail to address student safety and well-being, do not treat individuals with courtesy and fairness, have conflicts of interest, misuse their position, or act inappropriately.
The DoE will not deal with complaints about:
- Criminal issues: These are sent to the NSW Police.
- Service fees or business practices of Early Childhood Education Providers or Child Care Subsidy disputes: The DoE won't handle these unless they relate to provider registration under the National Quality Framework.
- Serious harm to a student: These are sent to the Department of Communities and Justice.
- Vocational, adult, migrant, and higher education.
Additional Information:
- The school or education service must be in NSW, even if the issue happens elsewhere (like on an interstate trip).
- No time limits for general complaints, but it's best to raise them as soon as possible.
Who can you make a complaint against?
You can make a complaint about:
- Staff Members. This includes:
- Teachers
- Principals and Deputy Principals
- Administrative or office staff
- Support staff
- School counsellors
- Contractors
- Volunteers
- NSW Primary Schools
- NSW High Schools
- Early Childhood Education or Outside School Hours Care Services
You cannot make a complaint about:
- Non-government schools (private schools): independent and religious education schools in NSW.
- Vocational education and training, private colleges, or tertiary education providers such as universities.
Are you eligible to make a complaint?
Anyone can make a complaint, including:
- Students
- Parents or carers
- Teachers or other staff
- Any concerned person
Before you lodge a complaint:
- Try to resolve the issue locally with the teacher, school, or service provider first. The DoE encourages this and may decline your complaint if this step isn't taken.
- Always contact the school/teacher/service provider first if you have any concerns.
Making a Complaint on Someone’s Behalf:
Yes, you can make a complaint on someone’s behalf to the NSW Department of Education, with their authorisation. You can also have a support person assist you in making a complaint or during the complaint process. Information about the role of a support person can be found here.
What can this body do to help?
The DoE may:
- Apologise to you or someone else affected by the issue.
- Explain what happened and why.
- Admit that the situation could have been handled better or differently.
- Promise to review and improve its policies or procedures based on your complaint
Additional Information:
If an Early Childhood Education Provider or Outside of School Hours Care Service is found to breach the National Quality Framework, they may face actions such as prohibition notices, suspension or cancellation of approval, or even prosecution, depending on the severity of the breach.
How to prepare a complaint
Personal Details:
- Your name, contact number, and email or postal address (optional, but helpful)
- Whether you are a parent/carer, student, family member, staff member, or from a service or agency (mandatory for the online form)
Who was Involved:
The person, school, early education service, or care service your complaint is about
Relevant Facts:
- What happened, when it happened, who was there, and what remedy you seek
- Any supporting documents
Important Guidelines:
- Do not provide false or misleading information.
- Avoid using rude or abusive language.
- Contact the school, early childhood education, or care service first to discuss any concerns, if possible.
Additional Information:
- All staff involved in your complaint must keep information confidential and only discuss issues on a 'need to know' basis.
- The DoE can arrange an interpreter or translation service if needed.
Lodging your complaint and next steps:
You can lodge via:
- Online Form: Complaint Form
- Online Widget: Use the red widget on the right-hand side of the "Your Feedback" section
- Phone: 1300 679 332
- Postal Address: GPO Box 33, Sydney NSW 2001
- In person: In person at the school or service provider's office
Review Process:
- The DoE reviews complaints for risks to a child's health, safety, or wellbeing and may notify relevant agencies.
- Other complaints are acknowledged within 3 working days, with contact details and a reference number provided.
Handling Process:
- The complaint handler may:
- Request more information or clarification.
- Contact the school/service or individual for their response.
- Review relevant documents and records.
- Updates will be provided on the complaint’s progress.
Timeline:
The DoE aims to finalise complaints within 20 working days, notifying you of any delays.
Response:
- You will receive a verbal or written response explaining the decision or actions taken.
- Information on seeking a review if dissatisfied will be provided.
Additional Information:
You should keep a copy of your complaint for future reference.
More information:
Refer to the factsheet provided below for more information.
