Policy Title: ALCOHOL – POSSESSION AND CONSUMPTION IN SCHOOLS AND AT SCHOOL RELATED ACTIVITIES Published: 2015 Identifier: APC201504 Legislation: Liquor Act 2010 1. POLICY STATEMENT 1.1. This policy explains the requirements of schools regarding the possession and consumption of alcohol in schools and school related activities. 1.2. Alcohol must not be consumed on school premises during normal school hours. Normal school hours are between 8.30 am and 4.51pm, Monday to Friday. Exemption may be made with the approval of the principal for appropriate special occasions at times when students are not present. 1.3. Alcohol must not be carried in or on government vehicles except where prior approval in writing has been given for a special occasion by the principal. Under no circumstances is alcohol to be consumed in or on government vehicles. 1.4. Students under the age of 18 years are prohibited by the Liquor Act 2010 (the Act) from purchasing or consuming alcohol on any occasion. 1.5. Students, regardless of age, are not permitted to consume or possess alcohol at any school activity including excursions, outdoor adventure activities and camps. 1.6. Staff must not consume alcohol during hours of duty or when they have a continuing responsibility for students. This includes school excursions/outdoor adventure activities and any other school activity that is held outside ordinary school hours. 2. RATIONALE 2.1. The Directorate has a duty of care, through its staff, to take all reasonable steps to minimise the risk of injury and prevent harm to students. 2.2. Staff have a responsibility to carry out their duty of care at all times and perform their official duties in accordance with the Public Sector Management Standards 2006. 3. DEFINITIONS 3.1. Duty of care- the term 'duty of care' is a legal concept that defines the duty a person has to ensure reasonable care is provided towards another in order to protect them from known or reasonably foreseeable risk of harm or injury. There is not an absolute duty to avoid injury but reasonable steps must be taken to avoid foreseeable injury. Principals are required to ensure that schools are organised in a way that properly provides that duty of care. 3.2. Parent(s) - Those who are the legal parents of a student or students. Includes carers and guardians. ALCOHOL – POSSESSION AND CONSUMPTION IN SCHOOLS AND AT SCHOOL RELATED ACTIVITIES APC201504 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, located on the Policies A-Z page of the Education and Training Directorate’s website. http://www.det.act.gov.au/publications_and_policies/policy_a-z - Page 1 of 4 3.3. School functions and activities- The variety of learning, recreational, sporting and social occasions which are organised by a school or with the assistance of school staff. They also include social and fundraising activities organised by the school board or by the parent and citizens association. 3.4. Work experience- A student's short term unpaid participation in the workplace as a learner and observer. 4. LEGISLATION 4.1. The Liquor Act 2010 regulates the sale, supply, promotion and consumption of liquor, to minimise harm and facilitate the responsibilities of consumers and industries taking into account community safety. 4.2. Public Sector Management Standards 2006, Part 2.4, which relates to the consumption of alcohol by an employee who must not, without the prior approval of the Director-General, consume alcohol while on duty or while on government premises during working hours nor carry alcohol in a government vehicle. 5. PROCEDURES 5.1. Non-school sponsored student social occasions 5.1.1. Principals should ensure that staff attending students’ social occasions which are not sponsored by the school, for example year 12 end of year activities, are informed of the possible implications of attending such activities and are aware of their responsibilities. These responsibilities include high standard of professional behaviour, duty of care obligations and adherence to Directorate polices. Please also refer to the Teachers’ Code of Professional Practice and the HR Advice End of Year Activities. 5.2. Accredited courses 5.2.1. Students of any age should not be required to serve alcohol except when undertaking a course in hospitality which contains a specific requirement for them to do so. The existence of such a course within a school is not, in itself, a sufficient reason for students to be serving alcohol e.g. at a school social function. The occasion must fall within the course requirements. 5.2.2. Students under the age of 18 years must not serve alcohol as a hospitality course requirement unless the course provider is the Canberra Institute of Technology (CIT) or a Registered Training Organisation (RTO) approved to conduct Responsible Service of Alcohol (RSA) training in the ACT. 5.2.3. The registration of the organisation must be confirmed by the school before the school enrols students in the course. This can be done online at www.training.gov.au. This confirmation must also be undertaken for commercial training schools for which the government school acts as an agent. 5.3. Work experience 5.3.1. Students under the age of 18 years- must not be placed in positions which will require them to serve alcohol. Work experience placements must comply with the provisions contained in the Act. ALCOHOL – POSSESSION AND CONSUMPTION IN SCHOOLS AND AT SCHOOL RELATED ACTIVITIES APC201504 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, located on the Policies A-Z page of the Education and Training Directorate’s website. http://www.det.act.gov.au/publications_and_policies/policy_a-z - Page 2 of 4 5.3.2. Students 18 years of age and over- may be placed in work experience positions which will require them to serve alcohol. The approved work experience guidelines need to include the suitability of the placement for the individual student concerned and address the requirement of serving alcohol. 5.4. Social functions and activities not involving students 5.4.1. Consumption of alcohol is permitted on social and school fund raising occasions involving staff and/or parents provided that the requirements set out below are met. The following must be followed on each occasion where school staff, school boards or Parents and Citizens associations wish to provide or sell alcohol: Prior approval for possession and consumption of alcohol must be given by the principal. This must occur for each individual function and must be in writing Parents must be advised in advance when alcohol will be supplied at a social function or at a school fund raiser. Parents should also be advised that students are not permitted to attend unaccompanied by a supervising adult Where alcohol is to be sold, a licence or permit is mandatory and the requirements under the Act are to be observed and followed. A licence or permit is obtained through the Office of Regulatory Services (www.ors.act.gov.au) The function must not occur during normal school hours or at times when any school activities involving students are in progress Students in attendance with parents at social and school fund raising occasions are the responsibility of the parents Principals are ultimately responsible for the function and should ensure that staff are informed about their responsibilities on such occasions. 5.5. Community education programs 5.5.1. Alcohol in moderate amounts may form part of specific community education programs. The facilitator must get prior permission from the principal to run the program. 5.5.2. The purpose and conduct of the program must be clearly documented and specify that the consumption of alcohol is appropriate in the context of the course. The facilitator running the program must provide this information to the principal when seeking permission. 5.5.3. Where alcohol is being supplied, the requirements under the Act are to be observed and followed. 5.5.4. Other relevant requirements of this policy must also be observed. 5.6. Community use of school facilities 5.6.1. Community hirers of school facilities for purposes other than school functions/activities and community education programs are not permitted to bring alcohol onto or consume alcohol on school premises. 5.6.2. Production companies or equivalent who hire school theatres, must comply with the provisions as stated in the policy Community Use of School Facilities and the Facility Hiring Agreement. ALCOHOL – POSSESSION AND CONSUMPTION IN SCHOOLS AND AT SCHOOL RELATED ACTIVITIES APC201504 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, located on the Policies A-Z page of the Education and Training Directorate’s website. http://www.det.act.gov.au/publications_and_policies/policy_a-z - Page 3 of 4 6. POLICY OWNER 6.1. Director, People and Performance. 6.2. For support in relation to this policy please contact the People and Performance branch on (02) 6205 9149 or email to employee.relations@act.gov.au. 7. RELATED POLICIES ACT Public Service Alcohol and Other Drugs Policy. Community Use of School Facilities. Excursions policy. Outdoor Adventure Activities policy. Overseas Excursions policy. 8. RELATED DOCUMENTS Chief Executive’s Financial Instructions - Accounting Procedures 2.5 Official Hospitality. Facility Hiring Agreement. HR Advice- End of Year Activities. Liquor Practice Manual and the Guide to the Liquor Act 2010. http://www.ors.act.gov.au/publication. Liquor Act 2010 http://www.ors.act.gov.au/publication. Teachers’ Code of Professional Practice. ALCOHOL – POSSESSION AND CONSUMPTION IN SCHOOLS AND AT SCHOOL RELATED ACTIVITIES APC201504 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, located on the Policies A-Z page of the Education and Training Directorate’s website. http://www.det.act.gov.au/publications_and_policies/policy_a-z - Page 4 of 4