What happens when a child stops attending or is excluded from school - and what are the legal consequences for families and schools?

In this episode, Yolanda takes a deep dive into school law in New South Wales, joined by legal experts Carey and Brodie. Together, they unpack how schools manage attendance and discipline, the legal obligations of parents, and what compulsory schooling orders actually mean in practice.

The conversation explores school exclusion in detail, including suspensions and expulsions, and the rights students have when these decisions are made. You’ll also hear about the complex social factors that sit behind non‑attendance, the respective roles of schools, Legal Aid NSW and community workers, and why early, supportive intervention can be critical in changing a young person’s life course.

Resources mentioned in this episode:

• Suspension and expulsion procedures | NSW Department of Education
• Disability Standards for Education | Australian Government Department of Education
• Youth Law Australia | Legal Services for Young People
• Shopfront Youth Legal Centre
• Marrickville Legal Centre
• Community Legal Centres NSW

Chapter markers:

00:03:18 - School attendance rules

00:05:17 - School refusal

00:09:18 - Compulsory schooling orders

00:24:57 - Carey's tips for community workers

00:27:40 - School discipline rules

00:29:49 - Bullying

00:31:37 - Suspension and expulsion legal issues

00:43:30 - Disability and discrimination

00:47:22 - Case studies

00:52:45 - Brodie's tips for community workers

Download the transcript.

Disclaimer: This podcast is a general guide to the law. You should not rely on it as legal advice. We recommend that you talk to a lawyer about any particular situation. The information is correct at the time of publishing but it may change. For more information, start with our team at LawAccess NSW via webchat at legalaid.nsw.gov.au or on 1300 888 529.