Education and Training Reform Amendment
(School Safety) Act 2011
No. 11 of 2011
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
2
PART 2—AMENDMENTS TO THE EDUCATION AND
TRAINING REFORM ACT 2006
3
4
New Part 5.8A inserted
3
PART 5.8A—HARMFUL ITEMS
3
5.8A.1
5.8A.2
5.8A.3
5.8A.4
5.8A.5
5.8A.6
3
4
5
6
7
Definitions
Declaration of certain harmful items
Power to search for harmful items
Powers to seize harmful items
Action to be taken after search or seizure
Teacher may be authorised to search for or seize
harmful items
5.8A.7 Powers are additional
Schedule 6 amended
12
Search and seizure
PART 3—AMENDMENT TO THE CONTROL OF WEAPONS
ACT 1990
5
6
Exemption of health service workers
New section 7B inserted
7B
Exemption of person exercising power under the
Education and Training Reform Act 2006
PART 4—AMENDMENT TO THE FIREARMS ACT 1996
7
3
New section 54AB inserted
54AB Exemption of person exercising power under the
Education and Training Reform Act 2006
i
8
8
9
9
10
10
10
10
12
12
12
Section
Page
PART 5—REPEAL OF AMENDING ACT
8
Repeal of Amending Act
═══════════════
ENDNOTES
13
13
14
ii
Victoria
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.
1
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 2
Part 1—Preliminary
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.
__________________
2
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 2—Amendments to the Education and Training Reform Act 2006
s. 3
PART 2—AMENDMENTS TO THE EDUCATION AND
TRAINING REFORM ACT 2006
3 New Part 5.8A inserted
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
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;
3
See:
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
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 3
Part 2—Amendments to the Education and Training Reform Act 2006
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
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.
4
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 2—Amendments to the Education and Training Reform Act 2006
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
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;
5
s. 3
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 3
Part 2—Amendments to the Education and Training Reform Act 2006
(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
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.
6
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 2—Amendments to the Education and Training Reform Act 2006
(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;
(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.
7
s. 3
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 3
Part 2—Amendments to the Education and Training Reform Act 2006
(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
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.
__________________".
8
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 2—Amendments to the Education and Training Reform Act 2006
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."
__________________
9
s. 4
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 5
Part 3—Amendment to the Control of Weapons Act 1990
PART 3—AMENDMENT TO THE CONTROL OF WEAPONS
ACT 1990
5 Exemption of health service workers
See:
Act No.
24/1990.
Reprint No. 5
as at
22 August
2010
and
amending
Act Nos
42/2010,
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
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.
10
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 3—Amendment to the Control of Weapons Act 1990
(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
s. 6
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
s. 7
Part 4—Amendment to the Firearms Act 1996
PART 4—AMENDMENT TO THE FIREARMS ACT 1996
7 New section 54AB inserted
See:
Act No.
66/1996.
Reprint No. 5
as at
1 September
2008
and
amending
Act Nos
12/2008,
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—
(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.".
12
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Part 5—Repeal of Amending Act
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).
═══════════════
13
s. 8
Education and Training Reform Amendment (School Safety) Act 2011
No. 11 of 2011
Endnotes
ENDNOTES
†
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."
14