---
title: "Response to a proposal to refuse a student's enrolment on safety grounds (NSW government schools)"
url: "https://ailawframework.com/precedents/education-law/response-to-proposed-enrolment-refusal-safety-grounds-nsw"
type: "precedent"
site: "AI Law Framework"
id: "a59-response-to-proposed-enrolment-refusal-safety-grounds-nsw"
area_id: "A59"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A59-N20261018-8"]
law_stated_as_at: "2026-10-18"
---

# Response to a proposal to refuse a student's enrolment on safety grounds (NSW government schools)

> Letter for a parent or carer responding to a proposal that a NSW government school refuse enrolment (or that an enrolment direction be made) because of a history of violent behaviour: the s 34(4)(b) test, the risk…

Canonical page: https://ailawframework.com/precedents/education-law/response-to-proposed-enrolment-refusal-safety-grounds-nsw  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Letter for a parent or carer responding to a proposal that a NSW government school refuse enrolment (or that an enrolment direction be made) because of a history of violent behaviour: the s 34(4)(b) test, the risk assessment, proposed strategies and adjustments, and the information relied on.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Education Law](https://ailawframework.com/precedents/education-law.md)
- Jurisdictions: New South Wales
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 2 authorities it cites, for New South Wales.

## When to use it

Use when a NSW government school or the Department indicates it may decline a local enrolment, refuse admission under s 34(4)(b) of the Education Act 1990 (NSW), or direct enrolment at a particular kind of school, because of safety concerns about the student, and the family wants to put its position before a decision is made.

## Used for these tasks

- [Respond to a proposal to refuse or cancel a student's enrolment on safety grounds](https://ailawframework.com/practice/education-law.md#A59-N20261018-8)

## How AI may be used

AI may organise the school's correspondence, the student's records and the supports available into the response structure; the lawyer decides what to concede, what to contest and which strategies and adjustments to propose.

**AI may:**

- Build a chronology of incidents, responses and supports from school, medical and support-service records
- List the information the school says it relied on and identify documents the family has not seen
- Organise proposed strategies and adjustments from treating practitioners' reports into a table

**AI must not:**

- Must not describe the student's behaviour, diagnosis or history beyond what the records show
- Must not argue that a disability discrimination claim exists; that is the lawyer's advice (see the live Red task on advising a school about students with disability)
- Must not process the student's health and behaviour records in a tool outside the firm's approved environment

**The lawyer checks:**

- Which decision is proposed, by whom, and under which power: declining a local enrolment, refusal under s 34(4)(b), or an enrolment direction under s 26H
- Whether the required risk assessment has been done and shared, and whether the proposed strategies and adjustments answer each identified risk
- Disability discrimination obligations and the student's right to education are considered, and the family has approved every fact and disclosure in the letter

## Authorities

- [NSW Department of Education, Enrolment in Kindergarten to Year 12 procedures (PD-2002-0006-01): 1.1 entitlement to enrol and exceptions; 2.4 assessing safety or wellbeing concerns; 2.7 refusing enrolment; 2.8 safeguards and supports](https://education.nsw.gov.au/policy-library/policies/pd-2002-0006-01)
- [Education Act 1990 (NSW) s 34(4)(b) (refusal of admission where the delegate considers the student has a history of violent behaviour and there are no viable strategies or adjustments to manage the risk) and s 26H (enrolment directions), as set out in the Department's enrolment procedures](https://education.nsw.gov.au/policy-library/policies/pd-2002-0006-01)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/education-law/response-to-proposed-enrolment-refusal-safety-grounds-nsw and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*