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Register for All you need to know about NESA's 2025 Inspection processes in 10 minutes

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Register for All you need to know about NESA's 2025 Inspection processes in 10 minutes

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NOTE THIS POLICY WAS UPDATED AUGUST 2024

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NOTE THIS POLICY WAS UPDATED OCTOBER 2024

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AISNSW Newsroom: Managing Expulsions and Appeals Fairly

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AISNSW Newsroom: Managing Expulsions and Appeals Fairly

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AISNSW has developed guidelines for school leaders to manage an appeal fairly once a decision has been made to expel a student.
An issue that sometimes arises in relation to the disciplining of students concerns the right to seek a review of a decision (an appeal).

The NESA Registration Manual requires that school policies relating to discipline of students should be based on principles of procedural fairness including the right to an appealparticularly in relation to suspensions and expulsions. It's assumed that the reference to "suspensions" means long suspensions. The manual states that the "hearing rule" requires the student to "know how to seek a review of the decision made in response to the allegations".

While there may be some debate whether in law procedural fairness always involves a right of appeal, the manual indicates NESA believes that in relation to suspensions and expulsions this right does exist.

In most schools, the person who is delegated the right to expel or suspend is the principal. It is thought that these actions are of such importance they should be decided at the "chief executive level". Understandably many school boards/councils are reluctant to get involved in making such decisions although in some schools there is a practice of the principal consulting the chair of the school board/council before a final decision is made.

The problem that arises is that appealing a decision to the principal after the principal has made the initial decision breaches the requirement for impartiality.
Procedures to support impartiality in appeals
To overcome this problem, AISNSW suggests that some schools may wish to introduce a procedure whereby the deputy principal reviews the results of an investigation into a serious discipline breach, which may result in suspension or expulsion, and then recommends a course of action to the principal. If the deputy recommends suspension or expulsion, the student and student's carer are advised and informed they can appeal against the recommendation. The principal will then not only consider the recommendation of the deputy but also the submissions supporting the appeal. This process leaves the final decision to the principal and, at the same time, provides a right of appeal to the affected student. In small schools this procedure may be difficult to implement, and it may be necessary to require the chair of the board/council to make the final decision on the recommendation of the principal.

It goes without saying, the deputy and the principal should not discuss the issue before the principal receives the recommendation.

Principals can access AISNSW Guidelines here.

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AISNSW has developed guidelines for school leaders to manage an appeal fairly once a decision has been made to expel a student. An issue that sometimes arises in relation to the disciplining of students concerns the right to seek a review of a decision (an appeal).

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Focus requirements

NESA's program of inspecting schools selected randomly focuses on requirements that have importance for student learning and wellbeing. These focus requirements remain in place each year and form the basis of the program.

A short notice inspection will be conducted in relation to:

2 curriculum requirements and

2 non-curriculum requirements.

Annually, a subset of the evidence of compliance is identified from each of the focus requirements.

If selected for a short notice inspection, the Inspector will identify which 2 curriculum requirements and 2 non-curriculum requirements are the focus for the school's inspection.

The inspection details will be confirmed in writing with the school.

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Schools selected at random for short notice inspections

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NESA's risk-based approach to regulation includes the selection of schools at random for a short notice inspection. Learn more about this program.

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The schools renewal for registration application can be accessed on this site.

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Assessment Certification Examination (ACE) | NSW Curriculum | NSW Education Standards Authority

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Read about NESA’s curriculum, assessment and credentialling requirements for the RoSA and HSC, which are collectively known as ACE Rules.

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RANGS document audit for individual schools (scroll down page)

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RANGS document audit for individual schools (scroll down page)

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We are making the NESA online experience better for you

NESA content will soon be improved and moved to a new location on the NSW Government website so it is easier to find and read.Content will be moved in stages. Users will be redirected to nsw.gov.au when content has been moved.

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Schools are responsible for assuring their compliance with registration requirements. These support materials may further develop schools' understanding of the NESA requirements and strengthen their capacity to effectively and efficiently comply.

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NESA website - Registered and Accredited Individual Non-government Schools (NSW) Manual

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NESA website - Registered and Accredited Individual Non-government Schools (NSW) Manual

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Non-government schools in NSW must be registered to operate, and optionally be accredited for the RoSA and HSC. Learn about registration and accreditation requirements and read the manuals that are used to ensure compliance with the Education Act.

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School registration and accreditation manuals

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In NSW non-government schools must be registered to operate, and optionally accredited for the RoSA and HSC. Learn about registration and accreditation requirements and read the manuals that are used to ensure compliance with the Education Act.

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NESA's Regulation of Independent Schools in 2025 Fact Sheet

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NESA's Regulation of Independent Schools in 2025 Fact Sheet

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NESA's Regulation of Independent Schools in 2025

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Registered and Accredited Individual Non-government schools (NSW) Manual

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Registered and Accredited Individual Non-government schools (NSW) Manual

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Registration and accreditation manuals | NSW Education Standards

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Registration and accreditation manuals for non-government schools explain the requirements for registration and accreditation, including evidence of compliance and the application and assessment process.

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https://www.aisnsw.edu.au/Resources/WAL%202%20[Members%20Only]/Privacy%20Compliance%20Manual%202023.pdf

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Employment Relations: Discrimination, harassment and bullying statement  for employees, contractors and volunteers (NSW/ACT)

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Employment Relations: Discrimination, harassment and bullying statement  for employees, contractors and volunteers (NSW/ACT)

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Guide to School Attendance Requirements and Attendance Improvement Planning

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Guide to School Attendance Requirements and Attendance Improvement Planning

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Guidelines for Exemptions from Enrolment and Attendance

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Guidelines for Exemptions from Enrolment and Attendance

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Exemption guidelines for independent schools

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Complaints Handling Policy and Procedures - July 2024

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A mandatory reporter's guide to selecting a decision tree

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A mandatory reporter's guide to selecting a decision tree

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Information and guides to help organisations covered by the Reportable Conduct Scheme.

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The Reportable Conduct Scheme is governed by the Children's Guardian Act 2019 and is administered by the Office of the Children's Guardian.

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Office of the Children's Guardian - Working with children check

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Office of the Children's Guardian - Working with children check

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A clearance is for 5 years

A NSW WWCC clearance lasts for 5 years and is continuously monitored, even if the holder moves jobs.

A WWCC application or renewal is free for volunteers and costs $80 for paid workers.

Holders must give their employer or organisation their WWC ar APP number and other details so the employer can verify online that the number is valid.

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Adults who work or volunteer in child-related work in NSW must have a Working with Children Check (WWCC). Employers and organisations must verify the WWCC details and keep records of anyone they have in child-related work.

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Child Protection Procedures Gap Analysis

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Child Protection Procedures Gap Analysis

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Discipline Policy and Procedure Gap Analysis 

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Discipline Policy and Procedure Gap Analysis 

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Creating safer independent schools - Session 2

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Creating safer independent schools - Session 2

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Creating Safer Independent Schools - Session 2
About this program
This in-school consultancy is designed to further develop and tailor a school's child-safe strategies to ensure they are doing all that is possible to protect students in their care. It delves more deeply into the wheel of safety, with participants engaging in practical application of the wheel to the school's context. This session assists schools to review and assess against the Child Safe Standards.
Who is this program for?
All staff can benefit from participating, in particular, principals, deputy principals, senior executives, business managers, human resource managers, or those in schools with responsibilities in leadership, policy development, pastoral care and/or wellbeing. It is recommended that participants complete the AISNSW Reportable Conduct online module prior to attending this session. In addition, it is recommended participants have completed Creating Safer Independent Schools - Session 1.
What does the program include?
The program draws on current research and provides a range of practical strategies and tools to assist schools to examine the Child Safe Standards and how schools can implement these in their Schools to demonstrate best practices. It covers topics such as:

Child Safe Standards

the NSW child protection legislative context

creating a culture of safety

Professional Boundaries

school review/self-assessment

Please note: this training contains sexual abuse material including video footage of news stories and partial interviews with sexual offenders.

For more information regarding this session and registration please contact Maria Costa, Manager: Child Protection.

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Child Safe Standards and the Child Safe Scheme

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About this program This in-school consultancy is designed to further develop and tailor a school's child-safe strategies to ensure they are doing all that is possible to protect students in their care. It delves more deeply into the wheel of safety, with participants engaging in practical application of the wheel to the school's context.

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Complaints and whistle blowing resources link

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Complaints and whistle blowing resources link

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The amendments to the Corporations Act relating to protections for whistleblowers come into effect on 1 July 2019.

These protections must be afforded by all incorporated bodies including schools which are incorporated associations and schools incorporated by statute.

All schools which are companies limited by guarantee will also be required to have whistleblowing policies by 1 January 2020.

NESA also requires registered non-government schools to have in place and implement complaints policies and procedures:

in relation to complaints or grievances, with specific reference to processes for raising and responding to matters of concern identified by students and/or parents (3.6.2 student welfare requirement);

to set clear guidelines and expectations for stakeholders regarding complaints or allegations of staff misconduct or reportable conduct (3.6.1 child protection requirement); and

to publish the school's complaint handling procedures regarding allegations of staff misconduct or reportable conduct (3.6.1 child protection requirement).

An initial Whistleblower Overview and draft Whistleblowing Policy was developed by AISNSW for member schools in June 2019. In November 2019 Australian Securities and Investments Commission (ASIC) released a Regulatory Guide which provides detailed information guidance as to how the whistleblower provisions in the Corporations Act should be interpreted. This material below takes into account the Regulatory Guide.

The material contains an outline of the requirements relating to whistleblowing and complaints and template policies which may assist schools in developing policies which are suitable for their operations. Principals and executive will need to log in to access these documents.

Schools may also wish to obtain their own legal advice in relation to such policies.

AISNSW Legal Consultant, Charles Alexander, and Senior Director School Services, Cathy Lovell, held webinars for AISNSW member schools in July 2019 to outline key elements of the whistleblower provisions and what it will mean for schools.

A recording of the webinar is available to AISNSW member school executives below.

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The amendments to the Corporations Act relating to protections for whistleblowers come into effect on 1 July 2019. These protections must be afforded by all incorporated bodies including schools which are incorporated associations and schools incorporated by statute. All schools which are companies limited by guarantee will also be required to have whistleblowing policies by 1 January 2020.

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The Association of Independent Schools of NSW (AISNSW) is authorised to assess and accredit PD on NESA's behalf and have processes in place to ensure professional learning that is accredited by AISNSW meets the criteria set by NESA.

We offer a range of NESA Accredited courses for teachers maintaining their accreditation at Proficient, Highly Accomplished and Lead Teacher in NSW. Other courses offered by AISNSW may align with the NESA list of approved Elective PD.

Successfully completing many of the learning experiences offered by AISNSW will enable participants to count the indicated hours and minutes addressing the listed Standard Descriptors towards maintenance of teacher accreditation as either NESA Accredited or Elective PD.

A statement in the course description will indicate if the professional learning is NESA Accredited or Elective PD. Teachers are required to log their own Elective PD in eTAMS.

To be eligible to receive an AISNSW certificate of participation and/or NESA Accredited PD hours, all components of the AISNSW professional learning experience (face-to-face, blended, virtual experience or self-paced learning) need to be completed. This includes:

Attendance for the entire duration of the professional learning experience, including signing on each day and recording of individual NESA numbers where applicable.

Full participation including engaging fully with face-to-face or virtual activities.

In self-paced learning experiences, full participation includes providing meaningful and substantial contributions to group discussions, writing detailed reflections and providing feedback to other participants as required.

Completion and submission of pre, post and other tasks where applicable.

In addition, all learners who engage in AISNSW professional learning are expected to:

Respect the professional environment and show respect to other participants

Ensure all responses to submitted work, contributions to discussions and group tasks are the participants own work.

Adhere to copyright and/or intellectual property requirements.

Not fully meeting the participation requirements may result in the participation certificate not being awarded and/or professional learning hours for Accredited PD not being registered with NESA.

For further information about AISNSW professional learning services please contact Head of Teaching and Learning, Kelly Borg, Head of Professional Services, Jo McLean or the Course Administrator, Cecilia Waites on 02 9299 2845.

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The Association of Independent Schools of NSW (AISNSW) is authorised to assess and accredit PD on NESA's behalf and have processes in place to ensure professional learning that is accredited by AISNSW meets the criteria set by NESA. We offer a range of NESA Accredited courses for teachers maintaining their accreditation at Proficient, Highly Accomplished and Lead Teacher in NSW.