The NSW Education Standards Authority (NESA) has announced new regulations on hate speech for NSW schools that will introduce an explicit prohibition on hate speech by staff in NSW schools. The changes form part of a broader response to recently introduced hate speech and hate crime laws at both state and Commonwealth level and will apply across government and non-government schools.
The updated NESA approach is designed to ensure that expectations about staff conduct in schools are clearly articulated and consistently regulated. While schools have long been required to maintain professional conduct standards, the new rules make it clear that hate speech is not permitted and must be expressly addressed in school governance documents.
What Has Changed?
NESA has confirmed that all registered NSW schools will now be required to prohibit hate speech in their Codes of Conduct for staff. This applies to all people employed by a school, including teachers, administrative staff, support staff and senior leadership.
This means that Codes of Conduct, staff handbooks and other governance documents will need to explicitly reference hate speech and make clear that it is not acceptable in any work-related context. The requirement is not limited to classroom conduct and may extend to behaviour connected with a person’s role as a school employee.
NESA has indicated that these changes align with new legislative frameworks addressing hate speech more broadly. The aim is to ensure that regulatory and criminal law settings operate consistently, particularly in environments involving children and young people.
New Compliance and Enforcement Powers
Alongside the new Code of Conduct requirement, NESA will also have expanded powers to respond to allegations of hate speech involving school staff. Under the new arrangements, NESA can investigate reports of hate speech even if the matter has not been referred to police or is not the subject of a criminal investigation.
Where NESA determines that a staff member has engaged in conduct that meets the definition of hate speech under the new framework, it may impose regulatory sanctions. These sanctions can include:
- issuing formal warnings
- requiring the staff member to complete professional development or training
- suspending a teacher’s accreditation
- deregistering a teacher or otherwise restricting their ability to work in NSW schools
These regulatory actions are separate from any employment-based disciplinary processes or criminal proceedings and can operate independently of them.
Fit and Proper Person Reviews
NESA has also flagged further changes connected with the new hate speech rules. In particular, it is reviewing the “fit and proper person” test that applies to key people involved in the governance and operation of schools.
The fit and proper person test applies to school principals, senior executives and members of school governing bodies, including board directors. NESA has indicated that this test will be reviewed to ensure it reflects current community expectations and the new regulatory environment.
As part of this review, NESA will consider whether the existing standards are adequate and whether clearer guidance is required in school registration manuals. The outcome of this process may result in more detailed or more stringent requirements being applied to people in leadership and governance roles within schools.
What Does This Mean For Schools?
Schools and their governing bodies will need to review and, where necessary, update their Codes of Conduct and related policies to ensure they include an explicit prohibition on hate speech. This includes making sure that the wording used is clear and aligns with NESA’s updated expectations.
Once changes are made, schools will also need to ensure that staff are notified and that the revised standards are communicated effectively. This may involve policy updates, training sessions or staff briefings to ensure that everyone understands how the new requirements apply in practice.
Schools are also expected to take allegations of hate speech seriously and to respond through their internal disciplinary and investigation processes. Where a school becomes aware of conduct that could fall within the definition of hate speech, it will need to assess the matter and determine appropriate action in accordance with its policies and employment obligations. NESA may become involved either as a result of a report or through its own regulatory oversight.
Looking Ahead
The introduction of these new regulations on hate speech for NSW schools marks a shift toward more explicit regulation of hate speech within the school sector. By embedding the prohibition into Codes of Conduct and linking it to NESA’s investigative and enforcement powers, the framework creates a clearer regulatory pathway for dealing with complaints and concerns.
Schools will need to monitor further guidance from NESA, particularly in relation to the fit and proper person review and any updates to school registration manuals. As the new rules take effect, schools, staff and governing bodies will be navigating a more detailed and structured approach to conduct standards in this area.
Need Assistance?
For guidance on how to navigate the proposed new changes, including updating your school’s Code of Conduct, or navigating any staff disciplinary processes, including independent workplace investigations, please reach out to our team.
Call us at (02) 9181 5001 or email us at [email protected].
Explore our full expertise here: https://integroe.com.au/legal-services/.