Victorian Numbered Acts Victorian Numbered ActsSee:
Act No.
24/2006.
Reprint No. 2
as at
6 May 2010
and amending
Act Nos
27/2010, 28/2010, 39/2010 and 71/2010.
LawToday:
www.
legislation.
vic.gov.au
After Part 5.8 of the Education and Training Reform Act 2006 insert —
In this Part—
"authorised teacher" means a teacher who is authorised under section 5.8A.6;
"harmful item" means—
(a) any prohibited item;
(b) any item which has been brought onto or kept on any Government school premises in contravention of a declaration of the principal of the school under section 5.8A.2;
(c) if—
(i) a person is conducting a search under section 5.8A.3, any item which that person reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner;
(ii) a person is seizing an item under section 5.8A.4, any item which that person reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner;
"possession" has the same meaning as in the Control of Weapons Act 1990 ;
"prohibited item" means any of the following—
(a) a firearm, within the meaning of the Firearms Act 1996 ;
(b) a controlled weapon, within the meaning of the Control of Weapons Act 1990 ;
(c) a prohibited weapon, within the meaning of the Control of Weapons Act 1990 ;
"teacher "has the same meaning as in section 2.4.1.
(1) The principal of a Government school may make a declaration as to the following—
(a) items that must not be brought onto the school premises at any time;
(b) items that may be brought onto the school premises only at the times listed in the declaration or only for the purposes listed in the declaration.
(2) Items in respect of which a declaration may be made under subsection (1) are those which the principal reasonably believes are likely to be used in a threatening, violent or harmful manner.
(3) A declaration under this section must be in writing and must be published to the students, parents of students, staff of the school and other members of the school community, by a letter, notice or document circulating generally to those persons.
Note
Possession of a prohibited item in public places (which includes Government schools) is regulated under the Control of Weapons Act 1990 and the Firearms Act 1996 .
(1) The principal or any assistant principal of a Government school or any authorised teacher of a Government school may search any of the following for any harmful item—
(a) any part of the school premises;
(b) any part of premises that is being occupied by students of the school while engaged in a teacher supervised student activity;
(c) any vehicle while the vehicle is being used for the purposes of a teacher supervised student activity;
(d) any bag or other article used by a student for storage that has been brought by the student onto the school premises or that is being used by the student while the student is engaged in a teacher supervised student activity.
(2) A person must not conduct a search under this section unless that person reasonably suspects that the search will uncover harmful items.
(3) The person conducting a search under this section may—
(a) require any room, cupboard, locker or other space that is being used for storage on the premises being searched that is locked to be unlocked;
(b) require a student to open any bag or other article being used by the student for storage;
(c) ask a student to turn out the student's pockets;
(d) ask a student to disclose whether or not the student is concealing a harmful item.
(4) Any power under this section must be exercised in accordance with any Regulations.
(1) The principal, or assistant principal of a Government school or any authorised teacher of a Government school may seize any harmful item—
(a) found on the school premises;
(b) found on premises that is being occupied by students of the school while engaged in a teacher supervised student activity;
(c) found on any vehicle while the vehicle is being used for the purposes of a teacher supervised student activity;
(d) found in the possession of a student of the school on the school premises or while the student is engaged in a teacher supervised student activity.
(2) A person may seize an item under this section whether or not the item is found during the course of a search under section 5.8A.3.
(3) A person must not seize an item under this section if the person in whose possession the item is found has an exemption or lawful excuse under the Control of Weapons Act 1990 or the Firearms Act 1996 in respect of that item.
(4) Any power under this section must be exercised in accordance with any Regulations.
(1) If a prohibited item that is a firearm or a prohibited weapon is seized under this Part, and the item is not surrendered to a member of the police force under section 7B of the Control of Weapons Act 1990 or section 54AB of the Firearms Act 1996 , the principal may retain the item, in accordance with any Regulations, until the principal is reasonably satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property.
(2) If an item that is not a firearm or a prohibited weapon is seized under this Part, the principal, in accordance with any Regulations—
(a) may advise a member of the police force of the seizure of the item;
(b) if so requested by the member of the police force, must surrender the item to a member of the police force;
(c) if the item is not to be surrendered to a member of the police force, may retain the item until the principal is satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property.
(3) On being satisfied that there is no imminent threat to the safety, security or wellbeing of any person or property, the principal, in accordance with any Regulations, may return any item retained under subsection (1) or (2)(c)—
(a) to the parent or guardian of the student, if the item is owned by the student; or
(b) to the owner of the item, or to the parent or guardian of the owner of the item, if the item is owned by a person under 18 years of age.
A principal or assistant principal of a Government school may authorise a teacher to carry out a search or seizure under this Part where—
(a) a teacher supervised student activity is taking place (whether on the school premises or elsewhere); and
(b) the principal or assistant principal is not or will not be present to carry out a search or seizure.
The provisions of this Part are in addition to and not in derogation of any other powers that a principal, assistant principal or teacher of a Government school has.
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