Expulsions

From Term 1 2017, Victorian government and Catholic schools will use the new Victorian Curriculum F-10. Curriculum related information is currently being reviewed and may be subject to change.

For more information on the curriculum, see:
The Victorian Curriculum F–10 - VCAA

Purpose of this policy

To ensure schools comply with legislative requirements including following the required procedures for expulsion and expulsion appeals. 

Background

Ministerial Order 625 (Procedures for Suspension and Expulsion) took effect on 1 March 2014. The Order defines the grounds and process for suspensions, expulsions and appeals relating to expulsions of students in government schools. The Order and other laws must be interpreted and applied under the Charter of Human Rights and Responsibilities. This means that the Ministerial Order must be complied with in a manner which is consistent with the Charter.

Policy

Only principals have authority to make the final decision to expel a student. This authority cannot be delegated. 

Every student deserves a safe and positive learning experience where they are engaged and supported to reach their full potential. 

The Department’s Student Engagement and Inclusion Guidance (the Guidance) helps Principals to promote positive student behaviour and respond to challenging student behaviour. The Guidance also provides principals with supports and resources regarding disciplinary measures, see: Student Engagement and Inclusion Guidance - Disciplinary Measures

Expulsion is the most extreme disciplinary measure available to a principal. Accordingly, the student’s behaviour must be of such magnitude that expulsion is the only available mechanism. Expulsion should only be used after other forms of behaviour management have been exhausted and the school can demonstrate evidence that this has occurred.

Principals considering the expulsion of a student must refer to the Guidance where expulsion considerations (including grounds for expulsion) and the expulsion process are detailed. A range of templates, forms and support materials are also provided. For more information see:

All students have the right to appeal a principal’s decision to expel them from school. The Secretary of the Department has the power to uphold or overturn the decision made by the principal to expel the student. The Secretary has delegated powers and functions in relation to expulsion appeals to Regional Directors. For details relating to an expulsion appeal including grounds for appeal, expectations, timeframes, roles and responsibilities in the expulsion appeal process see: Student Engagement and Inclusion Guidance - Expulsion Appeal.

Related policies

Related legislation

  • Education and Training Reform Act 2006
  • Information Privacy Act 2000
  • Ministerial Order 625

Department resources