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EDUCATION (GENERAL PROVISIONS) REGULATION 2017 - REG 12
Return of removed property
12 Return of removed property
(1) The principal or staff member must, within a reasonable time after the
property was removed from the student, make the property available for
collection by— (a) the student; or
(b) a parent of the student, if— (i)
the student is a child; and
(ii) the principal considers it would be
appropriate to make the property available for collection only by the parent
considering— (A) the condition, nature and value of the property; and
(B)
the safety of the student, other students of the school and staff members of
the school; and
(C) the good management, administration and control of the
school.
(2) Subsection (1) (b) does not apply if the principal is satisfied
it would be inappropriate in the circumstances to make the property available
for collection by a parent of the student. Example— It may be inappropriate
for the property to be made available for collection by a parent of the
student if the student is living independently of his or her parents.
(3)
The principal or other staff member is not required to make the property
available for collection under subsection (1) if— (a) a police officer has
seized the property under the Police Powers and Responsibilities Act 2000 ; or
(b) a police officer has indicated to a staff member of the school that a
police officer will come to the school to investigate matters relating to the
property, but no police officer has done so; or
(c) the principal or other
staff member knows, or suspects, the student is not the owner of the property;
or
(d) the principal or other staff member has made reasonable efforts to
notify the student or a parent of the student that the property is available
for collection, and has not been able to contact the student or a parent.
(4)
If the principal or staff member knows, or suspects, the student is not the
owner of the property, the principal or staff member must make reasonable
efforts to return the property to the owner.
(5) In deciding what is a
reasonable time for subsection (1) , the student or staff member must
consider— (a) the condition, nature and value of the property; and
(b) the
circumstances in which the property was removed from the student; and
(c) the
safety of the student, other students of the school and staff members of the
school; and
(d) the good management, administration and control of the
school.
(6) The principal or other staff member must take reasonable care to
ensure that property made available for collection under subsection (1) is in
the same condition as it was in when the property was removed from the
student.
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