The NSW Education Standards Authority ('NESA') is responsible for handling complaints if a non-government school is not following the rules for registration. NESA is responsible for many things, including:
- The K-12 curriculum
- Accrediting teachers and their degrees
- Setting professional teaching standards
- Keeping records of school achievements and certifications like the Higher School Certificate
- Ensuring schools meet registration requirements
- Overseeing home schooling registrations
This body does not cover complaints about government schools. If you have a complaint about a government school, please contact the NSW Department of Education.
What types of complaints can you make?
NESA handles complaints about non-government schools in NSW not following the registration requirements. Some complaint types include:
- Financial Viability: You can make a complaint if you believe a school cannot meet its financial obligations or manage its resources effectively to operate long-term. This ensures the stability and quality of education provided.
- Fit and Proper Person: You can make a complaint if a key person, like a director or principal, lacks appropriate behaviour, integrity, or qualifications. This includes being convicted of a serious offence, bankruptcy, mental incapacitation, or issues related to a corporation.
- Governance Policies: Schools must have clear rules and practices for management and leadership, similar to widely accepted standards like those of ASIC. This ensures decisions are made responsibly and transparently.
- Teacher Qualifications: Teachers must have the required qualifications and experience, including accreditation as per the Teacher Accreditation Act 2004 in NSW.
- Educational Facilities: Schools must have suitable buildings and equipment for all subjects, including special needs. Regular maintenance is essential to keep facilities in good condition.
- School Premises: Premises should comply with all relevant regulations and legislation, ensuring safety, sustainability, and a beneficial learning environment. This includes maintaining structures, ensuring accessibility, and addressing hazards.
- Safe and Supportive Environment: Schools must create a safe and supportive environment by following child protection laws. This includes having policies in place as per the Children’s Guardian Act 2019, Child Protection (Working with Children) Act 2012, and Children and Young Persons (Care and Protection) Act 1998.
- Student Discipline Policies: Students have the right to fair treatment in disciplinary matters, knowing their accusations, defending themselves, and understanding appeal processes. Physical punishment is not allowed.
- Boarding School Policies: Schools with boarding facilities must have policies and procedures for boarder safety and welfare, as outlined in NESA's manuals.
- Curriculum Requirements: Schools must meet the minimum curriculum requirements for each level of schooling as set out in the Education Act.
- Distance Education: Schools teaching mainly through distance education must follow the curriculum rules set out in the Education Act.
- Annual Reporting: Every non-government school must submit a yearly report including certain performance measures and policies, as specified by the Minister and section 3.10.1 of the Registered and Accredited Non-government Schools (NSW) Manual.
Jurisdiction:
The complaint must relate to a non-government school in NSW.
Time Limits:
There are no specific time limits for making a complaint, but it’s best to do so as soon as possible for a timely resolution.
NESA will not handle complaints about:
- Allegations of criminal behaviour (e.g., fraud or child abuse).
- Matters under the statutory functions of other government agencies (e.g., breaches of funding conditions).
- Issues where common law remedies might be available (e.g., breaches of contractual obligations).
Additional Information:
Consider if your complaint might also involve other issues, like discrimination, as you may have multiple avenues for filing your complaint.
Who can you make a complaint against?
You can make a complaint against:
- Non-government schools in NSW
- NESA may investigate complaints against a responsible person at a school if there are concerns about whether the person is fit and proper.
- Staff members, if they relate to registration conditions, such as:
- A teacher not having the correct accreditation.
- A school employee not holding a Working with Children Check.
NESA will not handle complaints against:
- Government Schools: For complaints about government schools, please contact the NSW Department of Education.
- Criminal Behaviour: NESA does not handle complaints about individuals or organisations accused of criminal behaviour, such as fraud or child abuse.
- Other Government Agencies: NESA does not manage complaints related to the statutory functions of other government agencies, such as funding oversight.
Are you eligible to make a complaint?
Complaints to NESA can be made by individuals or entities directly affected by or knowledgeable about issues related to non-government schools operating within New South Wales, Australia.
Before making a complaint to NESA:
- Raise the Complaint with the School: Follow the school’s internal complaints procedure.
- Ensure:
- There is clear evidence that all internal complaint options at the school have been pursued without resolution, or
- There is a compelling reason that pursuing the complaint internally is not appropriate.
What can this body do to help?
NESA may provide:
- Recommendations: Suggesting changes to fix problems.
- Guidance: Helping the school understand and correct issues.
- Penalties: Giving fines or other punishments for serious issues.
- Referrals/Investigation: Sending the issue to other authorities for further action.
- Resolution: Helping both parties reach an agreement to solve the problem through mediation or dispute resolution.
How to prepare your complaint
Format:
Complaints must be in writing.
Personal Details:
Include your details or the details of your organisation making the complaint. While NESA typically identifies the complainant to the school, they will keep your identity confidential if requested, but this may limit the investigation.
Respondent’s Details:
Include details of the individual or organisation the complaint is against.
Relevant Facts to include:
- The issue or matter.
- How the complaint relates to the Education Act requirements.
- Evidence of efforts to resolve the issue within the school, or reasons why this wasn’t possible.
- Any supporting materials, like correspondence and documents.
- Any other actions taken regarding the complaint.
Lodging your complaint and next steps:
Submit your complaint to the Director, Regulation of Schooling:
- Mail: GPO Box 5300, Sydney NSW 2001
- Email: schoolrego@nesa.nsw.edu.au
- Online: Use NESA’s online form, found here.
Inspector’s Assessment:
- Assessment: An Inspector will evaluate if there's a line of inquiry regarding the school’s compliance with the Education Act.
- Notification: You'll be informed in writing about the assessment outcome.
Investigation:
NESA may investigate if:
- Concerns relate to the Education Act’s registration requirements.
- Sufficient evidence supports the inquiry.
Focus will be on whether:
- School policies and procedures meet registration requirements.
- The school followed its policies and procedures.
- Non-compliance is isolated or systemic.
Resolution
- Compliance: If issues are found, the school must address them.
- Monitoring: NESA will ensure the school resolves the concerns.
- Outcome: You'll be informed in writing about the investigation results
More information:
Refer to the factsheet provided below for more information.
