Throughout this guidance anything that is a legal obligation under Ministerial Order 1125 is written as 'the principal must'. Where the guidance states that 'the principal should', this is a best practice recommendation.
First steps: prior to suspension
Determine if suspension is an option
Suspension is a serious disciplinary measure and is best reserved for incidents when other measures have not produced a satisfactory response.
A principal may only expel a student if the location and nature of their behaviour meets certain conditions. For information on when suspension may be an option, see Grounds for Suspension under
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Conduct a preliminary investigation
The principal should conduct a thorough investigation to establish the nature of the behaviour/s, the student who committed those behaviour/s, the context in which it was committed, and any other relevant circumstances in relation to the incident or behaviour.
The principal must identify the student's relevant person in accordance with Part 2 of the Ministerial Order. See
identifying a relevant person
When determining if suspension is appropriate for a particular student, consideration should be given to:
- the behaviour for which suspension is being considered
- the educational needs of the student
- any disability of the student (disability is defined under the Equal Opportunity Act 2010, it is not limited to students in receipt of specialist services or Program for Students with Disability funding)
- the age of the student
- the residential and social circumstances of the student, including whether the student is Aboriginal or Torres Strait Islander or culturally and linguistically diverse background or is in out of home care
- Previous incidences of challenging behaviour and the support/disciplinary measures employed to respond to these. For more information, see responding to challenging behaviour and strategies and supports available to schools
Before implementing a suspension the principal must ensure the following:
- that the student has had the opportunity to be heard
- that any information or documentation provided by the student or the relevant person has been taken into account in making the decision regarding the suspension; and
- other forms of action to address the behaviour for which the student is being suspended have been considered.
Next steps: decision, notification and action
In making their decision, the principal should consider their legal obligations and principles of administrative decision making
Under Victorian Law, in deciding whether to suspend a student, principals must undertake an assessment of that course of action under the
Charter of Human Rights and Responsibilities Act 2006. In addition, when determining whether to suspend a student with a disability, principals must be sure that reasonable adjustments have been made to assist the student to manage the behaviours where this is a manifestation of disability.
If the behaviour of a student meets the grounds for suspension and the principal decides to suspend, he or she must determine:
- whether the suspension will be undertaken in school or out of school
- the day on which the suspension will commence (including whether it will be an immediate suspension)
- the period of suspension.
For information to guide these decisions, see suspension considerations
Prior to the suspension taking effect, or on the day of taking immediate action, the principal must complete all of the following:
- Identify the relevant person in accordance with Part 2 of the Ministerial Order;
- Notify the student (verbally) and the relevant person (via telephone or in person) of the following information: the reason/s for the suspension, the school days on which the suspension shall occur where the suspension will occur.
- Provide contact details for additional support services to the student and the relevant person as appropriate.
- Arrange for appropriate school work to be provided to the student for the period of the suspension:
- a) Where the student is suspended for three days or less, provide meaningful work
- b) Where the student is suspended for more than three days, develop a Student Absence Learning Plan and Return to School Plan
- c) Where the student is suspended for more than five days, in addition to the above requirements, a teacher should be designated as a key point of contact for the student and their family.
- Provide the student and the relevant person with the following documentation:
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You may also need:Consistent with the charter and discrimination legislation, documentation should be provided in alternative formats and community languages in order to meet the communication needs of the student and relevant person.Record the suspension on CASES21. For support to record the suspension in CASES21 refer to Chapter 6 Merit and Discipline in the CASES21 Administration Guide at
Final steps: post-suspension follow up and support
The principal should consider whether it is appropriate to convene a student support group meeting with the student, the relevant person, and any other adults or professionals involved in the care of the student. The purpose of such a meeting is to discuss the student's behaviour that led to the suspension, and to discuss a range of strategies to address the concerns and prevent further occurences of such behaviour.
It is strongly recommended that a meeting be convened if one or more of the following circumstances apply:
- a student and/or their relevant person requests a meeting
- a student has a disability, is Aboriginal or Torres Strait Islander or is in out-of-home care
- there have been three or more suspensions in the school year
- the student has been suspended for the maximum five consecutive days.
For more information on Student Support Groups, see engagement strategies for individual students
In all cases of suspension, it is important to consider the student's transition back into school and any disruption to their learning. In some cases, the student may require additional educational or other supports to help manage any underlying behavioural issues.
For information on the supports available, see strategies and supports available to schools.
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