Principal

St. Marys Williamstown 3015

11/3/2015
Dear Sir,
I am writing on behalf of Sally Webb and her family. My name is Georgia Newton and
I work for the Department of Human Services as a community support officer.
It has been brought to my attention that you have recently refused enrolment for
Sally at St Marys Williamstown. I have found that there are a number of issues that
seem not to be addressed by the school in refusing her enrolment. Your vision
statement for your school states that you promote equal educational opportunities
for all members of the school community regardless of race, gender and disability.
Sally has two siblings who previously attended St. Marys Williamstown and they
received a supportive and comprehensive education. The parents wish to provide
Sally with the same opportunity and choice so that she can maximize her education
outcome.
The Disability Discrimination Act 1992 which by law aims to give students with a
disability the same opportunities and programs available as a student without a
disability. This means having the same choices and the same opportunities as other
students. As well as obligations comes education standards and unfortunately the
education standards make it against the law to discriminate against a person
because of their disability when a person is enrolling into a school.
Your Right to an education: A guide for students with a disability, their associates
and education
The Disability Discrimination Act, (1992)
Upon discussion of the challenges for Sally, you stated the following things were
barriers for her and affected her application:

Attention
Memory
Epilepsy condition

Sally is currently trialing a new epilepsy drug at the Royal Childrens Hospital. This
medication is taken once a day at the same time. Sally is taken outside school hours
and within her home making it the responsibility of the family. The feedback that the
hospital has been astonishing with many children and adults using this medication
have had little to no seizures in the last six months since they started the
medication. Although its fantastic news about the recent advances in treating
epilepsy, it continues to carry a negative stereotype. This stereotype is created by

misunderstandings from the public who find it difficult to understand that epilepsy is
a brain condition however affects more than 220,000 people in Australia to date.
Please find attached documents that go into deeper discussion about the condition
and the medication from Sallys doctor. You will also see that Dr. Knox mentioned
how Sallys seizures are controlled with medication and should not impact her
learning and activities within the school.
Australia, E, 2013 & State
Government of Victoria, 2005
The Victorian Teaching Code of Conduct was designed to aid teaching by identifying
a set of principles, which describes the professional conduct and personal conduct
expected by their colleagues and the community. The purpose of this document
provides teachers with a set of values that will guide them in everyday situations
and within the school. Apart from claiming that teaching is student learning,
Principle 1.1 states teachers are to provide opportunities for all students to learn.
It is the teacher and the schools responsibility to enable Sally to have these
opportunities to improve her educational outcome.
The Victorian
Teaching Code of Conduct, 2008
As previously mentioned in your prior meetings with the family you highlighted the
three key contributors concerning your decision regarding the exclusion of Sally. The
school felt that it could not accommodate for Sallys epilepsy condition and also her
memory and attention issues.
I would like to highlight two core principles from the Human Rights and Equal
Opportunity Commission report on Australias commitment to childrens rights to
the UN October 2007;
respect for the best interests of the child as a primary consideration in all
decisions relating to children;
the right of all children to enjoy all the rights of the CRC without
discrimination of any kind.
Human Rights and Equal Opportunity
Commission (2007).
Therefore I would like to draw the attention of the school to the above as it would
appear it has denied Sally these rights by refusing her enrollment in the familys
preferred educational setting.
Victorian schools are provided with federal and state funding for social
disadvantaged, integration and support. This funding is to be used by the school to
engage professional teacher and student service support which is to be used for
people like Sally. To date the school has not provided any evidence that it cannot
include Sally into existing and ongoing programs currently running.

In addition the family is more than prepared to work in partnership with the school
and student support services to improve Sallys memory and attention issues.
Within the Values for Australian Schooling there are 9 key values. The framework
recognizes the values that are already in place at St. Marys. However within this
document value nine, seven and three stood out significantly. They were fair go,
respect and understanding in particular inclusion.
Issue;
Value three; fair go The school gave no reasons to the Webb family regarding
her refused enrolment and just a letter saying to look elsewhere. The family has
provided evidence to assist the school to enable the school to give Sally a fair
go.
Value seven; respect The school has showed no compassion or consideration
towards the Webb family despite the fact they have provided evidence that will
assist the school in enabling Sally to be part of the school community despite of
her disability which is manageable.
Value nine; in particular inclusion The school has shown that they are not
prepared to include Sally but rather exclude. This is clearly against the
Australian Schooling values.
National Framework for Values Education in
Australian Schools, 2005
As previously stated these values are already included in the school however they
are clearly not being practiced by the school in this instance.
In addition the National Schools Framework promotes student wellbeing and
develops respectful relationships. It identifies nine elements to assist with
continuing to create teaching and learning environments where all students feel
safe. In this framework 2.1 states that Clear demonstration of respect and
support for student diversity in schools inclusive action and structures. It is quite
clear from the schools action that they have not adhered to the framework which all
schools have signed to.
National
Schools Framework, 2005
In conclusion I would like you to reconsider Sallys application based on the
evidence presented above which clearly indicates on a number of fronts that the
school has failed to comply with numerous aspects of polices and legislations that
guarantee her access and equity to a good educational outcome of choice.
Yours sincerely,

Georgia Newton
Case worker community support officer
DHS

Australia, E. (2013). Epilepsy. Retrieved March, 1 ,2015, from

http://www.epilepsyaustralia.net/
Australian Government: Department of Education, Science and Training,. (2005).
National Framework for Values Education in Australian Schools.
National Safe Schools Framework. State Government Victoria: Department of
Education and Early Childhood Development, (2011).
Human Rights and Equal Opportunity Commission (2007, October). Australias
commitment to childrens rights and reporting to the UN. Retrieved March 10, 2015,
from https://leocontent.acu.edu.au/file/17ca8785-80c7-c04c-5d0f64f71cd102b2/1/HREOC%20Human%20Rights.pdf
State Government Of Victoria (2005). Epilepsy. Retrieved March, 8, 2015, from
http://www.betterhealth.vic.gov.au/bhcv2/bhcarticles.nsf/pages/epilepsy
The Victorian Teaching Profession Code of Conduct. (2008) (1st ed.). Retrieved from
https://leocontent.acu.edu.au/file/e15c9dc6-4eb2-542b-dbf12af04d69cb60/1/1543_Code-of-Conduct-June-2008.pdf
Victorian Equal Opportunity and Human Rights Commission - Places of
Discrimination,. (2015). Education. Retrieved 11 March 2015, from
http://www.humanrightscommission.vic.gov.au/index.php/places-ofdiscrimination/education

Victorian Institute of Teaching (2006). THE VICTORIAN TEACHING PROFESSION CODE

OF CONDUCT. Retrieved March 13, 2015, from
https://leocontent.acu.edu.au/file/e15c9dc6-4eb2-542b-dbf12af04d69cb60/1/1543_Code-of-Conduct-June-2008.pdf
Your Right to an education: A guide for students with a disability, their associates
and education providers (1st ed.). Retrieved from
http://www.jcu.edu.au/disability/public/groups/everyone/documents/form_download/j
cuprd_049959.pdf