Taniela is Cook Islander, Niuean and Samoan, and the first-born son in his family. His hair has never been cut and will remain long until he has a traditional haircutting ceremony, as is the practice in many parts of the Cook Islands and in Niue.

Caxton Legal Centre acted in the race discrimination proceedings against Taniela’s school, which had proposed to unenrol him because of his long hair.

“I’m so happy about the decision, I’ve only ever been worried about my children and the impact on them,” Taniela’s mother, Wendy, said.

“Of course, this is a positive outcome for everyone and I’m excited, it puts my family in a better place and we can go about our normal lives.

“For us, this decision has given us peace. We now have time to reflect on what is important: which is making sure our kids get the best education available without restrictions because of who they are.”

A hearing last month focused on whether the college breached the anti-discrimination and human rights acts, and if it was lawful to expel the boy if he did not cut his hair.

The school denied it was discriminating against Taniela and said it would treat any student disobeying school rules the same.

But the tribunal last week found the college had breached Queensland’s anti-discrimination laws.

QCAT member Samantha Traves ordered the school to end its bid to expel Taniela and send a written apology to his family for its actions.

“I find that there was direct discrimination on the basis of race,” she wrote in her decision.

Ms Traves also rejected the school’s argument that allowing Taniela to attend class with long hair could lead to “a loss of discipline” and “further pressure on the principles underlying the uniform policy”.

“While I accept that it is important for schools to have uniform policies that require certain standards of dress and appearance be maintained, I do not think it is reasonable to apply those policies without exception,” she said.

However, Ms Traves rejected Taniela’s family’s bid for compensation, saying there was no evidence he had suffered any emotional distress and the college had allowed him to attend school while the court battle played out.

Caxton Legal Centre human rights lawyer Brittany Smeed, who acted for the family, said it was a privilege to assist the Taniela family and to help them maintain their cultural practices.

“We regularly run race discrimination cases because racial equality and cultural rights are essential to the ‘just and inclusive Queensland’ we are working to realise,” she said.

Director of Human Rights and Civil Law at Caxton Legal Centre, Bridget Burton agreed, adding that embracing racial diversity at school is essential to realising every child’s right to an education.

“All schools and other institutions with rules that potentially discriminate on the basis of race should take the time now to review their policies,” she said.

Earlier, the tribunal heard it is a Cook Islands custom for a family’s eldest son to grow his hair until he comes of age.

Taniela’s family has decided this will happen on his seventh birthday, in about 13 months.

Cook Islands elder Nga Toka told Ms Traves haircutting ceremonies are usually prayer-filled events with lots of singing and dancing.

The child’s hair is tied with ribbons and a pastor administers blessings as members of the community help cut it, she said.

President of the Cook Islands Council of Queensland Inc (CICQ), Archie Atiau, who supported the family, added that it’s not only a win for the family but a win for people who come from countries of strong cultural traditions who struggle to find a voice to represent them.

“We hope this case will set a precedent right across Australia where the cultural rights of individuals need to be considered,” he said.