When your rights are denied

Navigating early childhood education can be a bit daunting, especially if you feel that your child’s or your rights are being denied.

In Australia, every child is entitled to quality education and care, and parents and carers also have rights to ensure their child receives the necessary support and respect. If you find yourself in a situation where these rights are being compromised, it’s important to understand the steps you can take to address these issues.

‍Identifying rights denial‍

Rights denial in early childhood settings can appear in several ways. Here are some signs to watch out for:

• Refusal of enrolment or exclusion: If your child is refused enrolment or asked to leave the childcare setting due to their needs or behaviours, this is a serious form of rights denial.
• Lack of inclusion: If your child is being excluded from activities or not given the right support to participate fully in the educational program, this is a form of rights denial.‍
• Discrimination: Any differential treatment based on disability, race, gender, or other characteristics.‍
• Lack of communication: If the educators or the institution fail to communicate effectively with you about your child’s progress, concerns, or the educational program.‍
• Inadequate support: If your child needs specific support or modifications and the early childhood setting fails to provide them.

Australia has several laws and policies to protect the rights of children and their families in early childhood education settings. Here are the key ones:

• Disability Discrimination Act 1992 (DDA): This act makes it unlawful to discriminate against a person based on disability. It covers various aspects, including education.
• The National Quality Framework (NQF): This framework ensures high-quality early childhood education and care across Australia. It includes the Education and Care Services National Law and Regulations, which set out the obligations of early childhood services.
• Australian Human Rights Commission Act 1986: This act protects the rights of all individuals in Australia, ensuring no one is unfairly treated in educational settings.

‍Understanding discrimination

Discrimination is when someone is treated unfairly because of certain characteristics, such as disability. It can also affect parents or carers of a person with a disability. Discrimination can also occur due to other factors like sex, religion, or race. Discrimination can be direct or indirect.

‍Direct discrimination happens when someone treats a person with a disability unfairly or less favourably because of their disability.

For example, if an educator tells you that your child cannot join a playgroup because their stimming behaviours would distract the other children.

‍Indirect discrimination occurs when a person with a disability is prevented from doing something that a person without that disability can do. No one might intend to be unfair, but the result is unjust.

For instance, your child might not be able to participate in an excursion because the location does not provide quiet spaces for children who may become overwhelmed by sensory input.

Steps to take if rights are denied

If you believe your child’s or your rights are being denied in an early childhood setting, here are some practical steps you can take:

• Document the issues: Keep a detailed record of instances where you believe rights have been denied. This includes dates, times, descriptions of incidents, and any communication with the educational setting.
• Communicate with the educators: Start by addressing your concerns directly with your child’s educators or centre director. Request a meeting to discuss your concerns in a calm and structured manner.
• Follow the centre’s complaint process: Most early childhood settings have a formal complaints process. Follow this process to lodge a formal complaint.
• Seek advocacy and support: There are organisations dedicated to supporting families and advocating for children’s rights in early childhood settings, such as Early Childhood Intervention Australia (ECIA) and Children and Young People with Disability Australia (CYDA).
• Contact relevant authorities: If the issue remains unresolved, you may need to contact relevant authorities. File a complaint with your state or territory's anti-discrimination agency. These agencies handle complaints related to discrimination, including in educational settings. Some agencies include: If the state or territory agency doesn't resolve the issue, you can also file a complaint with the Australian Human Rights Commission (AHRC). 
• Legal advice: In cases of severe or ongoing rights denial, it may be necessary to seek legal advice. Organisations like the Australian Human Rights Commission can provide guidance and support.

Making a complaint

If you’re considering making a complaint about disability discrimination, think about what you want to achieve from the process, consider the potential costs and time involved, and determine if you’ll need an advocate or a lawyer to help you.

You can file a complaint with your state or territory's anti-discrimination agency. These agencies handle complaints related to discrimination, including in educational settings:

• Anti-Discrimination NSW
• Victorian Equal Opportunity and Human Rights Commission
• Queensland Human Rights Commission
• Equal Opportunity Commission WA
• Equal Opportunity Commission SA
• Equal Opportunity Tasmania
• ACT Human Rights Commission
• Northern Territory Anti-Discrimination Commission

If the state or territory agency doesn't resolve the issue, you can also file a complaint with the Australian Human Rights Commission (AHRC).

You must submit your complaint in writing. You can either write a letter or use the standard online complaint forms provided by the Human Rights Commission and the state and territory agencies.

When you make a complaint, make sure you include the following details:

• A detailed account of the incident, including the people involved
• A chronological timeline of events with specific dates and times
• Supporting evidence, such as witness statements and their contact details
• A description of how the discrimination has impacted you
• A clear explanation of the outcome you are seeking

Be sure to keep a copy of your complaint.

‍How complaints are assessed

When you file a complaint with your State or Territory Anti-Discrimination Agency or the Australian Human Rights Commission (AHRC), the process begins with an initial review to determine if the complaint falls within their jurisdiction. If accepted, the agency or commission will investigate the complaint, gathering information from all parties involved. They aim to resolve the issue through conciliation, where both parties discuss the complaint and try to reach an agreement. If conciliation is unsuccessful, further legal action may be pursued, such as taking the complaint to a tribunal or court.