Submission to Exposure Draft – Education Legislation Amendment Bill 2023
The NT Council of Social Service (NTCOSS) is the peak body for the Northern Territory (NT)
Community and Social Services Sector and is a voice for people affected by social and economic
disadvantage and inequality. NTCOSS membership is made up of community managed, nongovernment, not for profit organisations, which work in social and community service delivery, sector
development and advocacy.
NTCOSS recognises the specific expertise of members and external stakeholders that have a high
level of contact with children, young people and their families in the NT, including Aboriginal Peaks
Organisations NT and the Office of the Children’s Commissioner.
NTCOSS’s Youth Voice NT is a youth advocacy project that elevates the voices of young people and
the youth sector in the NT. The project helps young people and the youth sector to have a say about
things that impact everyone in the community, and focuses on building the capacity of young people
and the youth sector in the NT.
Every young person has a right to an education. As aptly articulated in the NT Education Engagement
Strategy 2023-2031, ‘it is important that children and students are supported to manage their
wellbeing through a collaborative and trauma-informed approach with parents, families, community
organisations, services and agencies.’i
NTCOSS appreciates the opportunity to provide feedback on the Exposure Draft of the Education
Legislation Amendment Bill 2023.
NTCOSS supports proposed changes to section 4 of the Education Act 2015, to include the National
Principles of Child Safety.
NTCOSS supports the inclusion of Division 7A Suspension, Exclusion and Expulsion. However, the
proposed new section 145C, Suspension by Principal, does not explicitly set out a requirement for
alternative education options to be made available for those who are suspended. It is recommended
that section 145C be amended to explicitly ‘recognise that all students’ right to education continues
during an exclusionary period’, and to ‘require schools to provide an educational program for the
duration of the exclusionary period to support students’ learning and behavioural goals during a
disciplinary absence’.ii Leaving this to the discretion of each principal has the potential to jeopardise
the ongoing education of students in suspension.
As per NTCOSS’ submission to the Department of Education’s Review of Part 7 of the Education Act
2015, it is strongly recommended that the permissible periods of suspensions be aligned with other
Australian states (e.g., WA, NSW, Tasmania), ‘iiiassault requiring medical attention, deliberate
physical assault of a teacher, sexual harassment and sexual assault)’.iv
It is recommended that additions to section 145C be made to include ‘written approval from
education directors to allow more than two suspensions or more than 10 school days suspension in a
school year’³. If more than 20 days were exceeded this would alert the Department of Education to
require a review of the impacted students’ educational programs and highlight potential
shortcomings, and work with schools and families to find adequate solutions.
It is recommended that section 7A include a legislative requirement for non-government schools to
notify the Department of a student suspension, exclusion, or expulsion in writing, as per the ACT
Education Act 2004.vAs above, more than two suspensions or more than 10 days suspension in a
school year should require written approval from the Department.
The NT Education Engagement Strategy 2023-2031 identifies its goals to ‘include strengthening
partnerships with families and communities; ensuring educators are well equipped to support the
needs of young people; providing opportunities for meaningful learning; and attending to the
emotional, social, psychological and physical needs of the learner.’³ Communication between
educational institutions, government departments, non-government organisations and other
stakeholders is imperative to provide all students with the best chance at continuing their learning
journeys.
i Northern Territory Education Department 2023, Northern Territory Education Engagement Strategy 2023-
2031, retrieved from https://education.nt.gov.au/__data/assets/pdf_file/0003/1058421/northern-territoryeducation-engagement-strategy-2022-2031.pdf
ii Article 28, United Nations General Assembly 1989, Convention on Rights of the Child, retrieved from
https://www.ohchr.org/EN/professionalinterest/pages/crc.aspx
iv pp 23-24 Graham et al. 2020, Inquiry into Suspension, Exclusion and Expulsion Processes in South Australian
government schools: Final Report, the Centre for Inclusive Education, QUT: Brisbane, Qld, retrieved from
https://www.education.sa.gov.au/documents_sorting/docs/support-and-inclusion/engagement-andwellbeing/student-absences/report-of-an-independent-inquiry-into-suspensions-exclusions-andexpulsions-in-south-australian-government-schools.pdf
v Education Act 2004 (ACT), s105(4.3)