MO 1359 Part 3: Broader diversity, equity and culturally sensitive requirements

16th February 2022 Author Cecelia Irvine-So, Skye Rose & Grace Appleford

The requirements of schools and school boarding premises to treat all students equally are embedded in two key clauses in the new Ministerial Order 1359 (MO 1359). These clauses of the MO 1359 align with the new 2022 Child Safe Standards (2022 CSS), but these standards apply directly to schools and school boarding premises.

Diversity and equity requirements are broader (clause 9, 2022 CSS 5)

MO 870 requires school governing authorities to implement a “principle of inclusion”, meaning school governing authorities must “take account” of the diversity of all children. Instead, MO 1359 requires schools pay “particular attention” to the needs of diverse students. This change in language reflects increasing obligations for schools to take proactive action to ensure diversity and equity is upheld for all students.

The new MO 1359 also more broadly defines diverse students as:

students who are unable to live at home;
international students; and
lesbian, gay, bisexual, trans and gender diverse, intersex and queer (LGBTI+) students.

The above adds to the previous definitions of Aboriginal and Torres Strait Islander, cultural and linguistically diverse, students with disabilities and vulnerable students.

The explanatory note in MO 1359 provides guidance for how a school can identity vulnerable children and students. For example, a student may be deemed vulnerable by a government agency or external family violence service. Information may be shared between these organisations under the Child Information Sharing Scheme.

Creating a culturally sensitive environment in your school for Aboriginal and Torres Strait Islander students (clause 5, 2022 CSS 1)

The new Ministerial Order 1359 requires schools and school boarding premises to create a culturally sensitive environment and implement specific considerations for any Aboriginal and Torres Strait Islander students.

Schools and boarding premises must specifically ensure their policies respect and value the diverse and unique identities and experiences of Aboriginal children, young people and students (clause 5).

It includes:

Actively encouraging and supporting a student’s ability to express their culture and enjoy their cultural rights.
Embedding strategies to acknowledge and appreciate the strengths of Aboriginal and Torres Strait Islander cultures and understand its importance to the wellbeing and safety of Aboriginal and Torres Strait Islander children and students.
Adopt measures to ensure racism is identified, confronted and not tolerated.
Ensure there are appropriate consequences if an incident of racism is identified.
Actively support and facilitate participation and inclusion by Aboriginal children and students and their families at the school or boarding premises.
Ensure that all school policies, when read together, create a culturally safe and inclusive environment and meet the needs of Aboriginal children and students and their families.

While MO 1359 focuses on Aboriginal and Torres Strait Islander peoples, school policies should be broad enough to cater for incidents of racism against any race.

This requirement applies to all schools and boarding premises, even those without any Aboriginal and Torres Strait Islander students currently attending.