School Bullying and Discrimination in Australia: Parents' Rights

Moving to a new country can be challenging for families, especially when it comes to understanding the education system and protecting children's rights. For Russian-speaking parents across Australia, dealing with school bullying, discrimination, or unfair treatment may be particularly difficult when language barriers and unfamiliar complaints procedures are involved.

Australian schools have responsibilities to provide safe and inclusive learning environments. Federal, state, and territory laws also protect students against certain forms of discrimination, including discrimination related to race, disability, and other protected characteristics.

If your child is experiencing bullying, discrimination, or unfair treatment at school, there are practical steps you can take. This guide explains how to raise concerns, make a formal complaint, and find appropriate support anywhere in Australia.

1. Understanding Bullying and Discrimination in Australian Schools

Although bullying and discrimination can occur together, they are not necessarily the same thing.

What Is School Bullying?

Bullying generally involves repeated behaviour in which someone misuses a real or perceived position of power to cause physical, social, or psychological harm.

It can include:

• Repeated verbal abuse, insults, or threats.
• Deliberate exclusion or humiliation.
• Physical intimidation or repeated aggression.
• Cyberbullying through social media, messaging applications, or other online platforms.

A single incident of aggression or unkind behaviour may not meet the definition of bullying, but it can still be serious and require action by the school.

Bullying is not automatically unlawful discrimination. However, bullying involving race, disability, or another protected characteristic may also raise issues under anti-discrimination legislation.

What Is Discrimination?

Discrimination may occur when a student is treated less favourably because of a characteristic protected by applicable law, or when a seemingly neutral requirement places people with a protected characteristic at an unjustified disadvantage.

Depending on the circumstances and relevant legislation, examples may include:

• Unfair Enrolment Decisions: Refusing a student's enrolment for a prohibited discriminatory reason.
• Unequal Treatment: Applying disciplinary rules differently because of a student's race or another protected characteristic.
• Exclusion from Activities: Preventing a student from participating in educational activities for a discriminatory reason.
• Failure to Address Discriminatory Harassment: In certain circumstances, failing to respond appropriately to harassment connected with a protected characteristic.
• Disability Discrimination: Failing to meet applicable obligations concerning reasonable adjustments for students with disabilities.

Not every instance of unfair treatment is unlawful discrimination. Whether particular conduct breaches the law depends on the facts, the relevant protected characteristic, and applicable legal exceptions.

Australian students may be protected by federal legislation, including the Racial Discrimination Act 1975 and Disability Discrimination Act 1992, as well as state and territory anti-discrimination laws.

For further information, visit the Australian Human Rights Commission's guide to discrimination laws.

2. What to Do if Your Child Is Being Bullied or Discriminated Against

Parents and carers can raise concerns about their child's treatment at school. The appropriate complaints process depends on the nature of the problem, the type of school, and the state or territory where the school operates.

Step 1: Document the Incidents

Begin by gathering information about what happened.

• Record the dates, times, and locations of incidents.
• Write down what your child experienced and who was involved.
• Keep relevant emails, letters, screenshots, and messages.
• Record any injuries, changes in attendance, or other relevant consequences.
• Keep copies of communications with the school.

Speak with your child calmly and take their concerns seriously. Avoid pressuring them to repeatedly recount distressing experiences.

If your child faces an immediate threat of serious harm, prioritise their safety. In an emergency, call 000.

Step 2: Contact the School

For most concerns, contacting the school is a sensible starting point.

Arrange a meeting with the classroom teacher, year coordinator, student wellbeing officer, or principal, depending on the circumstances.

During the meeting:

• Explain your concerns clearly and provide relevant records.
• Ask what steps the school will take to investigate and address the issue.
• Request information about the school's bullying prevention, student behaviour, and complaints policies.
• Discuss practical measures to help your child feel safe.
• Ask when you can expect an update and how progress will be reviewed.

After the meeting, consider sending a follow-up email summarising what was discussed and any agreed actions.

Schools may be unable to disclose confidential information about other students, including particular disciplinary measures, because of privacy obligations.

For practical guidance, visit Bullying No Way — Reporting Bullying to the School.

Step 3: Escalate the Complaint

If the school does not resolve the issue, you may be able to escalate your complaint through the organisation responsible for overseeing the school.

The appropriate process depends on whether your child attends a government, Catholic, or independent school.

• Government Schools: Contact the relevant state or territory Department of Education using its complaints process. Some jurisdictions have regional offices or dedicated complaints teams.
• Catholic Schools: Follow the school's complaints procedure and, where appropriate, contact the relevant Catholic education authority, diocese, or governing organisation.
• Independent Schools: Follow the school's complaints process and contact its governing body or another relevant oversight organisation where appropriate.

The Australian Government Department of Education does not generally manage individual schools or resolve everyday school complaints. School administration and regulation primarily fall within state and territory responsibilities.

For information about the relevant education authority, consult the Australian Government's school complaints guidance.

In serious situations involving child safety, violence, or possible criminal conduct, it may be appropriate to contact child protection authorities or police rather than relying solely on the school's internal complaints process.

3. Making a Discrimination Complaint Outside the School

If you believe your child has experienced unlawful discrimination, an independent human rights or anti-discrimination body may be able to consider the complaint.

Australia has both federal and state or territory complaint mechanisms. Their powers, eligibility requirements, and procedures are not identical.

Australian Human Rights Commission (Federal)

The Australian Human Rights Commission (AHRC) handles complaints involving certain forms of discrimination covered by federal legislation.

Relevant protected characteristics can include race, sex, disability, and age, although the precise legal protections depend on the circumstances.

Information about the federal complaints process:

• Organisation: Australian Human Rights Commission.
• National Information Service: 1300 656 419.
• Cost: Lodging a discrimination complaint with the Commission is free.
• Application: Complaints must be submitted in writing and can generally be lodged online.
• Website: Australian Human Rights Commission — Complaints.

Important: Time Limits

There is no general strict 24-month deadline for submitting an unlawful discrimination complaint to the AHRC.

However, the Commission may terminate certain complaints if they are lodged more than 24 months after the alleged conduct occurred.

Different time limits and procedural rules may apply under state and territory legislation.

It is therefore important to seek information or advice promptly rather than delaying a complaint.

State and Territory Anti-Discrimination Bodies

Each Australian state and territory has an agency responsible for handling complaints under its anti-discrimination legislation.

The following organisations can provide information about their jurisdiction's complaint procedures:

Each organisation has its own rules concerning protected characteristics, complaint deadlines, jurisdiction, and available remedies.

Before submitting a complaint, check that the organisation can consider the particular conduct and educational institution involved.

Can You Complain to Both Federal and State Commissions?

Federal and state or territory anti-discrimination laws can sometimes apply to the same circumstances.

However, making multiple complaints about substantially the same matter may affect whether a commission can accept or continue considering your complaint.

Rather than filing identical complaints with several bodies, consider seeking legal advice or contacting the relevant commissions to understand which process is most appropriate.

What Happens After a Discrimination Complaint?

Human rights and anti-discrimination commissions commonly use a process called conciliation to help the parties explore possible resolutions.

Conciliation involves an independent person helping those involved discuss the complaint and consider an agreement.

Possible outcomes may include:

• An apology or acknowledgement of the student's experience.
• Changes to school policies or procedures.
• Staff training or other preventive measures.
• Agreed steps to prevent similar problems.
• Other remedies appropriate to the circumstances.

Conciliation does not guarantee a particular outcome. If the matter remains unresolved, further legal options may be available depending on the relevant law and complaint process.

4. Practical Advice for Parents and Carers

Taking a clear and organised approach can make it easier to communicate with schools and other organisations.

• Keep Written Records: Save correspondence, meeting notes, school responses, and records of incidents.
• Focus on Specific Concerns: Explain what happened, how it affected your child, and what action you are requesting.
• Request a Safety Plan: If your child is experiencing ongoing bullying, ask what immediate measures the school can take to protect them.
• Follow Up in Writing: Confirm important conversations and agreed actions by email.
• Involve Your Child Appropriately: Listen to their views and involve them in decisions in a way that is suitable for their age and wellbeing.
• Seek Independent Assistance: Community Legal Centres and qualified legal professionals may be able to advise on discrimination complaints and other legal options.

Language Assistance and Interpreters

If you are more comfortable communicating in a language other than English, ask the school or relevant education authority about interpreter services.

You can also contact TIS National on 131 450 to request telephone interpreting assistance.

Interpreter availability, costs, and arrangements depend on the organisation involved. Some schools and government services provide interpreters directly or use their own interpreting arrangements.

For more information, visit TIS National — Interpreting Services.

5. Additional Support for School Bullying and Online Harassment

Not every school bullying incident requires a discrimination complaint. Other support services may be more appropriate depending on what your child is experiencing.

• Bullying No Way: National information and practical resources for students, parents, carers, and schools. Visit Bullying No Way.
• eSafety Commissioner: Information and complaint pathways for certain types of serious online abuse and cyberbullying. Visit eSafety Commissioner.
• Kids Helpline: Free and confidential support for children and young people aged 5 to 25. Phone 1800 55 1800 or visit Kids Helpline.

If your child is experiencing significant distress, consider speaking with a healthcare professional or an appropriate school wellbeing service.

Threats of violence, serious assaults, or other possible criminal conduct may require police involvement.

How Pravo Consult Can Help

Understanding school complaints procedures and Australian anti-discrimination laws can be difficult, particularly when English is not your first language.

At Pravo Consult, we aim to help Russian-speaking parents and families across Australia understand their options and locate appropriate sources of support.

Our community information and assistance may include:

• Understanding School Complaints Procedures: Helping parents identify relevant policies and complaint pathways.
• Information About Student Rights: Providing general information about protections against discrimination and available support services.
• Finding Appropriate Assistance: Helping families locate education authorities, Community Legal Centres, human rights commissions, and qualified professionals.
• Community Support: Helping Russian-speaking families understand where to seek information when dealing with school-related concerns.

Our aim is to make information more accessible and help families identify practical next steps when concerns arise.

Contact Pravo Consult to discuss your situation:

• Phone: 0421 930 592
• Email: contact@pravoconsult.com.au

Disclaimer: This article provides general information about student rights, school bullying, discrimination, and complaints procedures in Australia as of October 2026. Laws, complaint deadlines, and available remedies vary by jurisdiction and individual circumstances. This information does not constitute legal advice. For advice about a particular situation, contact the relevant education authority, human rights commission, or an appropriately qualified legal professional.