Answers to Questions

Safe Schools Program

10 The Hon. D.G.E. HOOD (9 December 2015). Can the Minister for Education and Child Development advise—

1. Has the Department for Education and Child Development taken legal advice regarding the potential liability of schools who engage the Safe Schools Program?

2. Does that advice extend to any potential liability flowing from endorsements of groups or organisations by the State Schools Coalition, such as the Minus 18 site which provides advice on various issues including penis tucking and chest binding?

3. What actions, if any, has the government taken to limit liability as a result of the Safe Schools Program?

4. What oversight does the government provide to the Safe Schools Coalition in South Australian to ensure that the practices and policies they are promoting accord with current medical research and best practice?

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change): The Minister for Education and Child Development has received this advice:

1. The Commonwealth Department of Education and Training funds the Foundation for Young Australians (FYA) to deliver the Safe Schools Coalition Australia (SSCA) program. The Australian government ensures that FYA meet the requirements of the Funding Agreement and that resources align to the intent of the program.

DECD supports the implementation of the SSCA Program in SA schools. The SSCA program supports Department for Education and Child Development's commitment to create positive, inclusive and supportive schools for all young people regardless of their sexuality or gender identity.

There is no 'potential liability of schools who engage in the Safe Schools Program'. The 'potential liability' is in not providing a safe, supportive and inclusive environment free from discrimination, bullying and harassment regardless of intersex status, sexual orientation, gender identity or gender expression.

2. DECD is not involved in the endorsement of organisations or groups supporting SSCA.

SSCA is independently supported by a broad range of national and state organisations, including beyondblue, headspace, Australian Secondary Principals' Association, Victorian Equal Opportunity and Human Rights Commission, SHine SA and Minus18. These organisations 'believe that schools should provide a safe and inclusive environment for all students, so that they can learn, grow, and reach their full potential—free from bullying and discrimination'.

The SSCA does not provide any materials that discuss or recommend specific health or medical advice for same sex attracted, intersex or transgender people.

Information about penis tucking and chest binding is not part of any SSCA resource.

3. This is not relevant to the South Australian state government.

4. The Commonwealth Department of Education and Training has oversight of the SSCA program. The Australian government ensures that FYA meet the requirements of the funding agreement and that resources align to the intent of the program.

The Australian government supports education systems to ensure safe learning environments are fostered where individual needs are met and every student has an opportunity to learn and succeed.

The SSCA program is part of a national strategy to deliver on the aims of the National Safe Schools Framework (NSSF) The NSSF provides schools with a set of guiding principles to help them develop positive and practical student safety and wellbeing policies.

Materials developed by the SSCA draw upon national and international research and best practice.