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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Education (Random Drug Testing) Amendment
Bill 2006
A BILL FOR
An Act to amend the Education Act 1972.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Education
Act 1972
4 Amendment of section 72G—Registration of
non-Government schools
5 Amendment of section 72J—Review of
registration
6 Insertion of Part 7A
Part 7A—Substance abuse
82A Government schools to
undertake random drug tests
7 Insertion of section
106D
106D Protection from liability in respect of random drug
tests
8 Amendment of section 107—Regulations
Schedule 1—Transitional provision
1 Review
of registration following commencement
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Education (Random Drug Testing) Amendment
Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Education
Act 1972
4—Amendment
of section 72G—Registration of non-Government schools
Section 72G—after subsection (4) insert:
(4aa) If the non-Government school has, or will have, students
aged 14 or over enrolled at the school, the Board must impose conditions on
the registration of the school—
(a) requiring the school to undertake a random drug test of each such
student, in relation to substances of a kind prescribed by regulation, on at
least 2 occasions in each calendar year; and
(b) requiring the school to undertake such tests in accordance with the
requirements (if any) prescribed by regulation; and
(c) requiring the school to report, following the undertaking of such a
test on a student, the results of the test to the parents of that
student.
(4aab) The results of a random drug test of a student undertaken by a
school in accordance with a condition imposed under subsection (4aa) are
not admissible in any criminal proceedings against the student.
5—Amendment
of section 72J—Review of registration
Section 72J(2)(c)—after "the school" insert:
(other than a condition imposed under section 72G(4aa))
After Part 7 insert:
Part 7A—Substance abuse
82A—Government schools to undertake random drug
tests
(1) The head teacher of a Government school at which any students
aged 14 or over are enrolled must ensure that the school—
(a) undertakes a random drug test of each such student, in relation to
substances of a kind prescribed by regulation, on at least 2 occasions in each
calendar year; and
(b) undertakes such tests in accordance with the requirements (if any)
prescribed by regulation; and
(c) provides a report, following the undertaking of such a test on a
student, of the results of the test to the parents of that student.
(2) The results of a random drug test of a student undertaken by a school
in accordance with subsection (1) are not admissible in any criminal
proceedings against the student.
(3) A student at a Government school who is aged 14 or over must
comply with any reasonable directions of the head teacher in relation to the
conduct of a random drug test on the student.
(4) If a student refuses or fails to comply with a direction under
subsection (3)—
(a) that refusal or failure must be reported to the parents of the
student; and
(b) the student may be suspended from attendance at the school for a
period specified by the head teacher (but not exceeding 5 consecutive
school days).
(5) The regulations may make further provision in relation to the
suspension of a student under subsection (4).
After section 106C insert:
106D—Protection from liability in respect of random
drug tests
(1) A—
(a) registered non-Government school; or
(b) Government school,
that undertakes random drug testing of students in accordance with a
requirement of this Act is not subject to any criminal or civil liability in
relation to that action.
(2) The immunity provided by subsection (1) to a school extends to a
person who acts on behalf of the school (in so far as the person is undertaking
random drug testing in accordance with a requirement of this Act).
8—Amendment of
section 107—Regulations
Section 107(2)—after paragraph (m) insert:
(ma) the conduct of random drug tests by schools and the provision of
reports to parents in respect of such tests; and
Schedule
1—Transitional provision
1—Review of
registration following commencement
(1) When the registration of a prescribed school is first reviewed by the
Board after the commencement of this clause, the Board must impose conditions on
the registration of the school of a kind required under section 72G(4aa) of
the Education Act 1972 (as in force after the commencement of
section 4 of this Act).
(2) A condition imposed under this clause will, for the purposes of any
provision of the Education Act 1972, be treated as if it had been
imposed under section 72G(4aa) of the Education
Act 1972.
(3) In this clause—
Board means the Non-Government Schools Registration Board
established under the Education Act 1972;
prescribed school means a registered non-Government school
(within the meaning of the Education Act 1972) that was registered
before the commencement of section 4 of this Act.