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Education and Training Reform Amendment (School Safety) Act 2011

No. 11 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006 3

3 New Part 5.8A inserted 3

PART 5.8A—HARMFUL ITEMS 3

5.8A.1 Definitions 35.8A.2 Declaration of certain harmful items 45.8A.3 Power to search for harmful items 55.8A.4 Powers to seize harmful items 65.8A.5 Action to be taken after search or seizure 75.8A.6 Teacher may be authorised to search for or seize

harmful items 85.8A.7 Powers are additional 8

4 Schedule 6 amended 912 Search and seizure 9

PART 3—AMENDMENT TO THE CONTROL OF WEAPONS ACT 1990 10

5 Exemption of health service workers 106 New section 7B inserted 10

7B Exemption of person exercising power under the Education and Training Reform Act 2006 10

PART 4—AMENDMENT TO THE FIREARMS ACT 1996 12

7 New section 54AB inserted 1254AB Exemption of person exercising power under the

Education and Training Reform Act 2006 12

1

PART 5—REPEAL OF AMENDING ACT 13

8 Repeal of Amending Act 13═══════════════

ENDNOTES 14

Education and Training Reform Amendment (School Safety) Act 2011†

No. 11 of 2011

[Assented to 10 May 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The purpose of this Act is to amend the Education and Training Reform Act 2006 to provide for certain powers for Government school principals and others in relation to weapons and other items in the possession of students and to make related amendments to that Act.

Victoria

1

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 January 2012, it comes into operation on that day.

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s. 2 Section Page

2

PART 2—AMENDMENTS TO THE EDUCATION AND TRAINING REFORM ACT 2006

3 New Part 5.8A inserteds. 3

See:Act No.24/2006.Reprint No. 2as at6 May 2010and amendingAct Nos27/2010, 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—

"PART 5.8A—HARMFUL ITEMS

5.8A.1 Definitions

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

Part 5—Repeal of Amending Act

Education and Training Reform Amendment (School Safety) Act 2011No. 11 of 2011

3

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.

5.8A.2 Declaration of certain harmful items

(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

s. 3Part 5—Repeal of Amending Act


4

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.

5.8A.3 Power to search for harmful items

(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



5

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.

5.8A.4 Powers to seize harmful items

(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



6

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.

5.8A.5 Action to be taken after search or seizure

(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;



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(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.

5.8A.6 Teacher may be authorised to search for or seize harmful items

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.

5.8A.7 Powers are additional



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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.

__________________".

4 Schedule 6 amended

In Schedule 6 to the Education and Training Reform Act 2006, after item 11 insert—

"12 Search and seizure

12.1 The manner in which search and seizure powers may be exercised under Part 5.8A.

12.2 Matters relating to actions to be taken after an item is seized under Part 5.8A.

12.3 The type of items that may be declared under Part 5.8A."

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9

PART 3—AMENDMENT TO THE CONTROL OF WEAPONS ACT 1990

5 Exemption of health service workerss. 5

See:Act No.24/1990.Reprint No. 5as at22 August 2010and amendingAct Nos42/2010, 52/2010 and 78/2010.LawToday:www.legislation.vic.gov.au

In section 7A(4) of the Control of Weapons Act 1990, for "firearm" substitute "prohibited weapon, controlled weapon or dangerous article".

6 New section 7B inserted

After section 7A of the Control of Weapons Act 1990 insert—

"7B Exemption of person exercising power under the Education and Training Reform Act 2006

(1) A person who possesses or carries a prohibited weapon, controlled weapon or dangerous article in a Government school or public place in the circumstances set out in



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subsection (2) does not commit an offence against section 5, 6 or 7 for so doing.

(2) For the purposes of subsection (1), the circumstances are that the person—

(a) is exercising a power under Part 5.8A of the Education and Training Reform Act 2006; and

(b) is not a prohibited person.

(3) If a prohibited weapon has been seized under Part 5.8A of the Education and Training Reform Act 2006 in the circumstances set out in subsection (2), the principal must, as soon as possible—

(a) advise a member of the police force of the seizure of the item; and

(b) if so requested, by the member of the police force, surrender the item to a member of the police force.

(4) In this section, public place includes any premises where students are engaged in a teacher supervised activity.".

__________________



11

PART 4—AMENDMENT TO THE FIREARMS ACT 1996

7 New section 54AB inserteds. 7

See:Act No.66/1996.Reprint No. 5as at1 September 2008and amendingAct Nos12/2008, 34/2008, 52/2008, 68/2008, 25/2009, 55/2009, 69/2009, 13/2010, 52/2010 and 53/2010.LawToday:www.legislation.vic.gov.au

After section 54AA of the Firearms Act 1996 insert—

"54AB Exemption of person exercising power under the Education and Training Reform Act 2006

(1) A person who possesses or carries a firearm in a Government school or public place in the circumstances set out in subsection (2) does not commit an offence against section 6, 6A, 7, 7A or 7B for so doing and is not required to hold a licence under this Part.

(2) For the purposes of subsection (1), the circumstances are that the person—

(a) is exercising a power under Part 5.8A of the Education and Training Reform Act 2006; and

(b) is not a prohibited person.

(3) If a firearm has been seized under Part 5.8A of the Education and Training Reform Act 2006 in the circumstances set out in subsection (2), the principal must, as soon as possible—



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(a) advise a member of the police force of the seizure of the item; and

(b) if so requested by the member of the police force, surrender the item to a member of the police force.

(4) In this section, public place includes any premises where students are engaged in a teacher supervised activity.".

PART 5—REPEAL OF AMENDING ACT

8 Repeal of Amending Act

This Act is repealed on 1 January 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


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† Minister's second reading speech—

Legislative Assembly: 21 December 2010

Legislative Council: 3 March 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Education and Training Reform Act 2006 to provide for certain powers for Government school principals and others in relation to weapons and other items in the possession of students and for other purposes."

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