Version No. 001
Education and Training Reform (School
Safety) Regulations 2011
S.R. No. 165/2011
Version as at
1 January 2012
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
1
Objective
Authorising provisions
Commencement
Definitions
1
1
1
1
PART 2—SEARCHING FOR HARMFUL ITEMS
5
6
Searching for a harmful item
Searching non-school premises
PART 3—SEIZING HARMFUL ITEMS
7
8
Seizure of a firearm or prohibited weapon
Seizure of a harmful item that is not a firearm or prohibited
weapon
PART 4—ACTION TO BE TAKEN AFTER SEARCH AND
SEIZURE
9
10
Storing of firearm or prohibited weapon
Storing of a harmful item that is not a firearm or prohibited
weapon
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2
3
4
4
4
5
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Regulation
Page
ENDNOTES
6
1. General Information
6
2. Table of Amendments
7
3. Explanatory Details
8
ii
Version No. 001
Education and Training Reform (School
Safety) Regulations 2011
S.R. No. 165/2011
Version as at
1 January 2012
PART 1—PRELIMINARY
1 Objective
The objective of these Regulations is to regulate
certain powers of Government school principals
and others in relation to weapons and other items
in the possession of students.
2 Authorising provisions
These Regulations are made under sections
5.8A.3(4), 5.8A.4(4), 5.8A.5(2) and 5.10.1 of the
Education and Training Reform Act 2006.
3 Commencement
These Regulations come into operation on
1 January 2012.
4 Definitions
In these Regulations—
passenger services vehicle means a vehicle that is
providing a passenger service within the
meaning of section 3 of the Transport
Integration Act 2010;
the Act means the Education and Training
Reform Act 2006.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Part 2—Searching for Harmful Items
r. 5
PART 2—SEARCHING FOR HARMFUL ITEMS
5 Searching for a harmful item
(1) A person must not exercise a power under
section 5.8A.3 of the Act to conduct a search for a
firearm or prohibited weapon unless—
(a) the person reasonably suspects that there is a
threat to the safety, security or wellbeing of a
student or staff which in the reasonable
opinion of the person requires immediate
action to be taken to reduce that threat; and
(b) the search can be conducted in a manner that
does not unduly threaten the safety of the
person, students or other school staff; and
(c) other reasonable actions have been
considered, including the practicality of a
member of the police force carrying out the
search.
(2) A person must not exercise a power under
section 5.8A.3 of the Act to conduct a search for a
harmful item (other than a firearm or prohibited
weapon) unless the person reasonably believes
that the search can be conducted in a manner that
does not unduly threaten the safety of the person,
students or other school staff.
(3) A person must not exercise a power under
section 5.8A.3 of the Act to conduct a search of a
vehicle unless the person has, where practicable,
sought the consent of the owner of the vehicle for
the search to be conducted.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Part 2—Searching for Harmful Items
r. 6
(4) A person who exercises a power under
section 5.8A.3 to conduct a search of a passenger
services vehicle must confine the search to the
area of the vehicle that is wholly or substantially
occupied by students under the supervision of the
person.
6 Searching non-school premises
A person who exercises a power under
section 5.8A.3 of the Act to conduct a search for a
harmful item in a location that is not a school
premises must confine the search to an area that is
substantially occupied by students attending the
teacher supervised school activity.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Part 3—Seizing Harmful Items
r. 7
PART 3—SEIZING HARMFUL ITEMS
7 Seizure of a firearm or prohibited weapon
A person must not seize a firearm or prohibited
weapon under section 5.8A.4 of the Act unless the
person considers that it is safe to seize the item,
having regard to—
(a) the potential harm to the person, students,
staff or members of the public, that could be
reasonably likely to result if the firearm or
prohibited weapon is not seized; and
(b) the practicality of a member of the police
force carrying out the seizure in a timely
manner.
8 Seizure of a harmful item that is not a firearm or
prohibited weapon
(1) A person must not seize a harmful item that is not
a firearm or prohibited weapon unless the person
has determined that the seizure can be carried out
safely.
(2) For the purposes of subregulation (1), in
considering whether a seizure can be carried out
safely, a person must consider the potential harm
to the person or students, staff or members of the
public that could be reasonably likely to result if
the item is not seized.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Part 4—Action to be Taken After Search and Seizure
r. 9
PART 4—ACTION TO BE TAKEN AFTER SEARCH AND
SEIZURE
9 Storing of firearm or prohibited weapon
If a firearm or prohibited weapon is seized under
section 5.8A.4 of the Act, the item must be stored
in the following manner until surrendered to a
member of the police force—
(a) the item is to be stored in a locked
strongbox, safe or other secure container in a
locked room; and
(b) the room containing the seized item must be
supervised by the principal; or
(c) if it is not practicable that the item is stored
in accordance with paragraph (a) and (b) the
item is to be stored in as safe and secure
manner as is practicable in the
circumstances.
10 Storing of a harmful item that is not a firearm or
prohibited weapon
If a harmful item that is not a firearm or
prohibited weapon is seized under section 5.8A.4
of the Act, the item must be stored in a safe and
secure manner until the item is surrendered to a
member of the police force or returned to the
owner or the owner's guardian in accordance with
the Act.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Endnotes
ENDNOTES
1. General Information
The Education and Training Reform (School Safety) Regulations 2011,
S.R. No. 165/2011 were made on 21 December 2011 by the Governor in
Council under sections 5.8A.3(4), 5.8A.4(4), 5.8A.5(2) and 5.10.1 of the
Education and Training Reform Act 2006, No. 24/2006 and came into
operation on 1 January 2012: regulation 3.
The Education and Training Reform (School Safety) Regulations 2011 will
sunset 10 years after the day of making on 21 December 2021 (see section 5
of the Subordinate Legislation Act 1994).
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Endnotes
2. Table of Amendments
There are no amendments made to the Education and Training Reform
(School Safety) Regulations 2011 by statutory rules, subordinate instruments
and Acts.
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Education and Training Reform (School Safety) Regulations 2011
S.R. No. 165/2011
Endnotes
3. Explanatory Details
No entries at date of publication.
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