Dozens of West Australian families submitted discrimination complaints against schools to the Australian Human Rights Commission in 2025 – the most out of any state or territory nationally bar NSW, despite having far fewer students.
Documents released after a Freedom of Information request from advocacy group Square Peg Round Whole revealed that 32 complaints were received between January 28, 2025 and January 27, 2026.
That compares to 13 in the same time frame between 2021 and 2022, and just nine in 2022 to 2023.
Square Peg Round Whole founder Symone Wheatley-Hey said federal discrimination complaints were a last resort, lodged only after families had exhausted every available pathway at a school and departmental level.
“Behind every one of these complaints is a student suffering educational neglect and harm, a family in crisis and teachers trying to meet their legal obligations inside a system that actively works against them,” she said.
“Teachers frequently raise concerns internally long before a complaint is made, but the system fails to resolve them.
“By the time a matter reaches the federal level, the harm is often irreparable – trust has broken down, relationships are strained, and both families and staff are operating in crisis conditions created by structural gaps, whilst the child at the centre suffers most of all.”
Wheatley-hey said when adjusted for student population, WA was generating “substantially more disability discrimination complaints per student”.
“WA is performing worst in the nation when we have the opportunity to lead the way and that should set off alarm bells,” she said.
She urged the state government to “step up” and enact all the recommendations made in the School Education Act Review’s final report.
“The review represented a critical opportunity to stem the rising tide of exclusion, discrimination, and systemic failure … and diagnosed the legislative gaps,” she said.
“Implementation is the treatment that has not yet been delivered.
“Families and teachers do not need more guidance documents or policy on paper – they need enforceable legislative clarity that enables inclusion to function in practice, not just in policy.”
Opposition education spokesman Liam Staltari said the figures painted a concerning picture as the government continues to drag its feet on reform.
“In the years since the government first announced the Education Act Review, complaints have surged,” he said.
“Sadly, [it] failed to commit to clear timelines in response to the review, or to establishing an Independent Complaints Panel.
“Students with a disability, their families and their teachers deserve confidence and support. These figures are a further wake-up call – it’s time for action.”
Education Minister Sabine Winton said they were reviewing the Department’s complaints, disputes and resolutions processes and how they intersected with independent bodies such as the Equal Opportunity Commission, Ombudsman, and Human Rights Commission.
“Consultation with parents, peak groups, and educators will form an essential part of the review,” she said.
“New resources are being developed to support parents and carers of students with disability to navigate complaints pathways more smoothly.”
Winton said ahead of the 2026 school year commencing, the Department had provided schools with up-to-date information on how to manage the enrolment process for students with disability.
“I have also requested that the Department assesses current training and support for teachers and support staff to identify opportunities to strengthen practice,” she said.
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