Your education rights
Every Aboriginal child has the right to education and to have their culture respected at school. Aboriginal students have the right to support, not punishment, and to appeal suspension decisions.
Key points
- Aboriginal students have the right to be supported, not punished out of school
- Suspension should only be for serious behaviour — you can appeal
- ABSTUDY is available for Aboriginal students studying beyond Year 10
- TAFE and apprenticeships: contact your local ACCHO for support
- If your child has a disability, they must be supported in mainstream schooling
- Schools must respect your child's cultural identity — this is law
Your education rights
Every Aboriginal child in Victoria has the right to education and to have their culture respected at school. Schools have legal obligations to Aboriginal students under Victorian and federal law.
Your child’s right to cultural support
Schools must provide culturally safe and appropriate education for Aboriginal students. Under the Education and Training Reform Act 2006 and the Marrung Aboriginal Education Plan, schools must:
- Provide an Aboriginal education program
- Employ or have access to an Aboriginal Education Officer (AEO)
- Support Aboriginal students’ cultural identity
If your child’s school is not providing appropriate cultural support, you have the right to complain to the Department of Education regional office for the Mallee.
Suspension should not be used to exclude vulnerable students
Suspension (temporarily excluding a student from school) should only be used for serious behaviour — not as a default response to complex needs or behaviour related to trauma.
If your child is suspended:
- Get the suspension notice in writing
- Ask what specific behaviour is cited
- Ask what support has been put in place for your child
- You can appeal to the Regional Director of the Department of Education
VACCA (Victorian Aboriginal Child Care Agency) can advocate for Aboriginal students in suspension and exclusion matters: (03) 9280 7800.
ABSTUDY — financial support for Aboriginal students
If your Aboriginal child is studying beyond Year 10, they may be eligible for ABSTUDY through Centrelink. ABSTUDY is a payment that helps with the costs of schooling.
ABSTUDY is a separate payment from standard Youth Allowance — it can provide more support for Aboriginal students. Ask about it at your school, at your local ACCHO, or call Centrelink Indigenous line on 132 316.
TAFE and apprenticeships
If your child is interested in TAFE or an apprenticeship, contact your local ACCHO for support. MDAS and Njernda can help connect young people with:
- Apprenticeship opportunities
- TAFE support
- Youth employment programs
Children with disability
If your child has a disability, the school must support them in mainstream schooling. This is required under the Disability Discrimination Act 1992 and the Education and Training Reform Act 2006.
Your child cannot be excluded from mainstream schooling simply because of their disability. If this is happening, get help from:
- VACCA — (03) 9280 7800
- Disability Victoria — 1800 783 783
- Your local ACCHO
Your right to an interpreter
If English is not your first language, or if you find school meetings easier with support, you have the right to a free interpreter at school meetings. Ask the school to arrange this. It’s free and the school is required to provide it.
What to do if your child’s rights are being violated
If your child’s rights are not being met:
- Talk to the teacher
- Talk to the principal
- If unresolved, contact the Department of Education Aboriginal Education Team for your region
- Contact VACCA for advocacy support: (03) 9280 7800
Keep notes of every conversation, every letter, and every incident. Dates and names matter.
Key contacts
- Centrelink Indigenous line: 132 316 (ABSTUDY enquiries)
- VACCA: (03) 9280 7800 (advocacy for Aboriginal children at school)
- Swan Hill Neighbourhood House: (03) 5032 9238 (can help connect you with support)