Refusal to Enrol: Risk to Safety or Wellbeing

Refusal to Enrol: Risk to Safety or Wellbeing EGPA (2006) Implementation and New Policies and Procedures Workshop – November 2006

Refusal to Enrol: Risk to Safety or Wellbeing • if a Principal reasonably believes that a student seeking to enrol poses an unacceptable risk to the safety or wellbeing of members of a school community, he / she refers that student’s application to enrol to the Director-General • if the D-G is satisfied that the student does not pose an unacceptable risk the principal is instructed to enrol the student (provided the student is otherwise eligible for enrolment in the school)

Refusal to Enrol: Risk to Safety or Wellbeing • if the D-G is satisfied the student poses an unacceptable risk to members of the school community, he / she decides to: - refuse the student enrolment at the school - exclude the student from certain State schools (for up to one year or permanently) or - exclude the student from all State schools (for up to 1 year or permanently)

Refusal to Enrol: Risk to Safety or Wellbeing • the applicant for enrolment is advised of the D-G’s intention and is invited to show cause why the prospective student should not be refused enrolment or excluded • parent has the right to access documentation prepared by the Principal • while the decision is pending the student is offered an alternative option so they may continue their education

Refusal to Enrol: Risk to Safety or Wellbeing • after considering information provided by applicant, if the D-G is satisfied the student does not pose an unacceptable risk the applicant is advised that the enrolment is not to be refused on these grounds • Principal is instructed to enrol the student provided they are otherwise eligible for enrolment in the school

Refusal to Enrol: Risk to Safety or Wellbeing • after considering information provided by the applicant, if the D-G is satisfied the student poses an unacceptable risk the applicant receives an information notice outlining - the decision to refuse enrolment or refuse enrolment and exclude the student - the applicant’s right to have the decision reviewed or lodge an appeal • Principal is notified of D-G’s decision and instructed not to enrol the student

Refusal to Enrol: Risk to Safety or Wellbeing • a prospective student who has been refused enrolment and excluded from certain State schools may make a submission to the D-G to have the decision reviewed • where they have been refused enrolment and excluded from all State schools they may lodge an appeal to the Magistrates court

Refusal to Enrol: Risk to Safety or Wellbeing • a student refused enrolment cannot apply to enrol at that school within 1 year of receiving the decision • a student refused enrolment and excluded from certain State schools or all State schools is not able to enrol during the period of exclusion determined by the D-G

Refusal to Enrol: Risk to Safety or Wellbeing • a prospective student cannot be refused enrolment because their enrolment would cause difficulty • refusal of enrolment is contingent on being able to demonstrate that the student poses an unacceptable risk to the safety or wellbeing of members of the school community • it is unlawful to refuse a student’s enrolment on the grounds that they have a disability

Responsibilities of Principal • assess potential risks associated with the enrolment and determine whether or not these risks are able to be managed at the school site - include consideration of the risk of harm to other members of the school community - harm in this instance is defined as any detrimental effect of a significant nature on the physical, psychological or emotional wellbeing of other members of the school community • causes of harm include physical, psychological or emotional abuse and sexual abuse or exploitation

Responsibilities of Principal • seek advice from EDS to support decision-making about whether or not the prospective student represents an unacceptable risk

Responsibilities of Principal • if there is a belief that the prospective student does pose an unacceptable risk, send the applicant a letter (RTE-1) within 5 school days advising that the: - application has been referred to the D-G for consideration - student cannot attend school until the D-G is satisfied they do not pose an unacceptable risk - applicant will be contacted by a Case Manager - decision-making processes associated with the referral of the application to the D-G

Responsibilities of Principal • within 5 school days of receiving the enrolment application provide the application and associated advice or correspondence with the applicant to the EDS (RTE-2)

Responsibilities of EDS Within 5 school days of receipt of a referred application: • appoint PA,ES or PEO,SS as Case Manager to contact applicant and make reasonable attempts to arrange a program of distance education whilst awaiting the D-G’s decision • assess application and make a recommendation to the D-G • forward application, whether recommended or not, to the AD-G, Student Services

Responsibilities of AD-G, Student Services • receive applications forwarded by Principal through EDS • brief D-G on the facts and circumstances associated with the prospective enrolment of the student • provide information notices to principal and applicant regarding progress of the application as instructed by the D-G • receive submissions for review of decisions made by the D-G

Refusal to Enrol: Risk to Safety or Wellbeing