A dispute over an Aboriginal student who refused to stand for the national anthem at Seaview Christian College has seen a formal complaint lodged to human rights

After a Port Augusta Aboriginal student refused to stand for the national anthem a formal complaint has been successfully filed and will be investigated by the Australian Human Rights Commission.

A complaint has been successfully filed to the Australian Human Rights Commission on the basis of racial discrimination, after a school disciplined an Aboriginal student for refusing to stand for the national anthem, The Advertiser understands.

The incident which sparked the complaint occurred in early February during a music class at Seaview Christian College, a private school in the regional town of Port Augusta.

During the class, students were being taught the Australian national anthem by singing it and in Auslan language, when two students said they could not stand for the anthem because it did not represent them.

Seaview Christian College in Port Augusta. Picture: Tom Huntley

Mothers of both students have told The Advertiser that the two children received lunchtime detentions the next day for refusing to stand, which the school has denied.

Since then, one of the mothers removed her child from the school after more than a month attempting to negotiate the matter.

After failed negotiation attempts, she lodged a formal complaint with the Australian Human Rights Commission, which The Advertiser understands has been accepted.

When she enrolled her child into the school, she said there was no policy that said students had to sing or stand for the national anthem, and had asked the school about it after the incident with the detention.

The mother has previously told The Advertiser that it was not made clear in the school’s policy that children were required to stand for the national anthem.

“I did ask for that (policy on national anthem). I asked if there was a policy that I missed and if she (principal) let me know, but there was no response to that,” the mother said.

“Obviously there is not a policy for it in the school, there’s no policy for it in the state and there’s no policy for it federally.”

The complaint has been accepted by human rights.

In the school’s enrolment application, which the parents signed, there is no policy that specifically states that students are required to stand or sing the national anthem, only that students are required to ‘participate fully in college activities’, and ‘respectfully honouring the college leadership and their decisions’.

However, in emails seen by The Advertiser, the school told the mother that the child was required to stand for the anthem because it came under the ‘expectations of students and parents’ in the enrolment contract.

“On at least two occasions now, regarding our uniform policy and regarding participation in the national anthem, you have been explicit in stating that you will not abide by the expectations of the college,” the email read.

“As a community, we all have different history and different family circumstances, but we all have a shared commonality of choosing and education at Seaview Christian College.”

In a statement Seaview Christian College maintained that it did not encourage the mother to disenroll her child, and said the student’s refusal to not stand for the national anthem was untrue.

“Reports about a recent family who decided to disenroll their children do not tell the full story,” the school said.

“The national anthem in and of itself has never been the basis of any disciplinary action by Seaview Christian College against any student, and we respect the individual views of all students and families in regard to the anthem.”

Originally published as A dispute over an Aboriginal student who refused to stand for the national anthem at Seaview Christian College has seen a formal complaint lodged to human rights