How to Make a Disability Complaint About a School in Victoria

When your child is being denied reasonable adjustments at a Victorian school, you've probably already tried talking to the teacher and the principal. You've sent emails. You've attended SSG meetings. And nothing has changed.

At that point, the question stops being "what should I say?" and starts being "what process do I follow?" The complaint pathway in Victoria is a four-stage escalation, and knowing exactly where you are in it — and what each stage can and can't achieve — makes the difference between effective advocacy and exhausting yourself in circles.

Why You Need a Paper Trail Before You Start

Before initiating any formal complaint, your most important asset is documentation. Complaints that succeed at every stage — from the DET Regional Office through to VEOHRC conciliation — are built on written records.

At minimum, gather:

• Dates and summaries of all previous conversations with the school
• Copies of any written correspondence (emails, letters, meeting notes)
• The current IEP and any previous IEPs
• SSG meeting minutes (or your own notes if the school hasn't provided official minutes)
• Allied health reports recommending specific adjustments
• A log of incidents where adjustments were not provided, including dates, what was missing, and the effect on your child

This documentation establishes the pattern — and patterns are what move complaints forward.

Stage 1: Internal School-Level Complaint

Every Victorian school is required to have a complaints policy. The first step in the formal process is a written complaint to the school principal.

This is not simply a strongly worded email. A formal complaint letter should:

• State clearly what the issue is, with specific dates and examples
• Reference the school's obligations under the Disability Standards for Education 2005 (Cth) (DSE)
• State what resolution you're seeking (for example, full implementation of the IEP, or a specific adjustment that has been refused)
• Request a written response within a specified timeframe (10 school days is reasonable)

Keep your complaint factual and specific. Emotional language is natural given the circumstances, but a complaint that reads as professional and legally grounded is harder for a principal to dismiss than one that reads as a parental grievance.

The school is required under DET policy to acknowledge your complaint and provide a written response. If they fail to respond, or if their response is unsatisfactory, move to the next stage.

Stage 2: DET Regional Office

If the school-level complaint doesn't resolve the matter, the next step is the Department of Education's Regional Office.

Victoria has four DET regions:

• North Eastern Victoria Region (NEVR)
• North Western Victoria Region (NWVR)
• South Eastern Victoria Region (SEVR)
• South Western Victoria Region (SWVR)

Your complaint should go to the regional office that covers your school's location. The regional office can investigate the school's handling of your complaint, apply pressure on the principal, and direct corrective action.

Submit the same level of documentation you prepared for the school-level complaint, plus the school's response (or lack of one). Include a clear statement that you are escalating because the school's response was unsatisfactory and specify what you need to happen.

The regional office will generally seek to resolve complaints informally before engaging DET's central office. The outcomes can range from mediated discussions to direct direction to the school to implement specific changes.

Stage 3: Central Office and the Independent Office for School Dispute Resolution

If the Regional Office response is also inadequate, complaints can be escalated to DET Central Office. The most significant step at this level is referral to the Independent Office for School Dispute Resolution.

The Independent Office provides alternative dispute resolution (ADR) for highly complex or unresolved disputes. It is independent of DET management and facilitates structured resolution processes. It does not make binding decisions — its role is mediation and facilitated dialogue — but it is a significant step up in formality and often prompts schools to take concerns seriously that had previously been dismissed.

To be considered for the Independent Office, the dispute generally needs to have already been through the regional level without resolution. The process can take time, so if the situation is urgent (for example, your child is being informally excluded or facing imminent harm), you may need to pursue the statutory pathways at Stage 4 in parallel.

Stage 4: VEOHRC — The Victorian Equal Opportunity and Human Rights Commission

If internal DET pathways do not produce a resolution, you have the right to lodge a formal complaint with the VEOHRC under the Equal Opportunity Act 2010 (Vic).

VEOHRC provides free, impartial conciliation for disability discrimination complaints. You do not need a lawyer to lodge a complaint. The process is:

1. Lodge a complaint online or by phone with VEOHRC
2. VEOHRC notifies the school and invites their response
3. VEOHRC assesses whether the complaint is within jurisdiction (it covers disability discrimination in education)
4. If accepted, VEOHRC facilitates conciliation — a confidential, structured conversation aimed at reaching a negotiated resolution

Conciliation is confidential and does not produce public findings, but agreements reached through conciliation are binding. Schools that reach agreement through VEOHRC conciliation are legally required to implement those agreements.

Importantly, you can also lodge a parallel complaint with the Australian Human Rights Commission (AHRC) under the federal DDA. Both pathways are free and both involve conciliation before any formal proceedings.

Stage 5: VCAT or Federal Court

If VEOHRC conciliation fails or a resolution cannot be reached, the complaint can proceed to the Victorian Civil and Administrative Tribunal (VCAT). For equal opportunity matters, there are generally no upfront fees for individuals.

VCAT can make binding orders requiring a school to implement specific adjustments, change discriminatory practices, or pay compensation. Unlike conciliation, VCAT proceedings are formal, produce findings, and are on the public record.

For DDA complaints that failed AHRC conciliation, the equivalent pathway is the Federal Court or the Federal Circuit and Family Court of Australia, which can be more complex and costly without legal representation.

Legal support is available: Victoria Legal Aid, the Disability Discrimination Legal Service (DDLS), and Villamanta Disability Rights Legal Service all provide advice and, in some cases, representation for families facing discrimination in education settings.

Timing Matters: Limitation Periods

One important practical note: discrimination complaints have time limits. Under the EOA, complaints must generally be lodged with VEOHRC within two years of the discriminatory act occurring. Under the DDA (AHRC complaints), the limitation is generally 12 months from the last act of discrimination, though extensions can sometimes be granted.

If you've been dealing with an ongoing situation, the clock may be running. Don't delay escalation because you're hoping things will improve on their own.

When You Don't Have to Wait Through All the Stages

You are not legally required to exhaust all internal DET stages before lodging a VEOHRC complaint. If the situation is serious — involving physical harm, repeated informal exclusions, or outright refusal to provide any adjustments — you can approach VEOHRC earlier.

The staged escalation is recommended because it's often the most efficient path. But it is not a gatekeeping mechanism. VEOHRC's role is to assess whether a complaint falls within its jurisdiction, not to enforce prior exhaustion of departmental remedies.

The Victoria Disability Advocacy Playbook (/au/victoria/advocacy/) includes a complete set of complaint letter templates — internal school complaint, regional escalation, and VEOHRC pre-complaint letter — designed to move efficiently through each stage without reinventing the wheel at every step.

Summary

The Victorian disability complaints process has five clear stages: school-level complaint, DET Regional Office, Independent Office for School Dispute Resolution, VEOHRC conciliation, and VCAT or Federal Court. Each stage requires the same documentation carried forward and added to. Build the paper trail from the first conversation, and the escalation becomes a matter of procedure rather than starting over from scratch at every stage.

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