Education and Training Reform Amendment (Protection of School Communities) Act 2021 (Vic)
Education and Training Reform Amendment (Protection of School Communities) Act 2021
No. 24 of 2021
table of provisions
Section Page
1Purpose
2Commencement
3Principal Act
4Purpose of Principal Act
5Definition
6New Part 2.1A inserted
7Repeal of this Act
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Endnotes
1 General information
Education and Training Reform Amendment (Protection of School Communities) Act 2021
No. 24 of 2021
[Assented to 28 June 2021]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to amend the Education and Training Reform Act 2006—
(a)to provide for orders prohibiting or regulating certain conduct on school premises or school-related places in order to protect members of school communities from harmful, threatening or abusive behaviour; and
(b)to provide for civil penalties for the enforcement of those orders; and
(c)to make other miscellaneous amendments.
2Commencement
(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 the day that is the first anniversary of the day on which this Act receives the Royal Assent, it comes into operation on that day.
3Principal Act
In this Act, the Education and Training Reform Act 2006 is called the Principal Act.
4Purpose of Principal Act
After section 1.1.1(2)(c) of the Principal Act insert—
"(ca)the protection of members of school communities from harmful, threatening or abusive behaviour;".
5Definition
In section 1.1.3(1) of the Principal Act insert the following definition—
"harm means harm of any kind, including physical or mental harm;".
6New Part 2.1A inserted
After Part 2.1 of the Principal Act insert—
"Part 2.1A—Protection of school communities
Division 1—General provisions relating to school community safety orders
2.1A.1Definitions
In this Part—
authorised person means a person who is an authorised person under section 2.1A.2;
immediate school community safety order means an order under section 2.1A.3;
member of the school community means any of the following persons in relation to a school—
(a)a student enrolled at the school;
(b)a parent of a student enrolled at the school;
(c)a staff member of the school;
(d)a person other than a person referred to in paragraphs (a), (b) or (c) who is present at a school‑related place of the school for a reason connected with the school;
ongoing school community safety order means an order under section 2.1A.15;
proprietor means—
(a)the person or body that is specified in the registration of the school as the proprietor of the school; or
(b)if there is no person or body to whom paragraph (a) applies, the person or body who is responsible for the governance of the school;
relevant school, in relation to a school community safety order, means the school in respect of which the order is made or proposed to be made;
reviewer, in relation to an ongoing school community safety order, means—
(a)the Secretary, if the order relates to a Government school; or
(b)a person nominated by the principal or the proprietor of the school, if the order relates to a non-Government school;
school community safety order means the following—
(a)an immediate school community safety order;
(b)an ongoing school community safety order;
school-related place, in relation to a school, means the following—
(a)any premises of the school and an area that is within 25 metres of the boundary of those premises;
(b)any premises (other than a premises described in paragraph (a)) on which there is an activity conducted by or in connection with the school and an area that is within 25 metres of the boundary of those premises;
Example
An example of an activity is a camp.
(c)for an activity conducted by or in connection with a school, if the activity or part of the activity is not conducted at a place described in paragraph (a) or (b), any place where the activity is conducted and an area that is within 25 metres of the boundary of that place;
(d)any prescribed place;
staff member means—
(a)in relation to a Government school, a person (including a registered teacher) employed by one of the following persons to perform work for, or at, that school—
(i)the Secretary;
(ii)the Department;
(iii)the school council; or
(b)in relation to a non-Government school, a person (including a registered teacher) employed by the school or the proprietor of the school to perform work for, or at, the school; or
(c)any other prescribed person or member of a class of prescribed person;
vexatious communication, in relation to a staff member of a school, means a communication that a reasonable person would consider unreasonable, having regard to the circumstances, in one or more of the following forms—
(a)a person approaching, telephoning, sending messages to or otherwise contacting (whether by electronic means or otherwise) the staff member;
(b)a person publishing (whether on the internet, by email or by any other form of written communication) material about the staff member;
(c)a person causing someone else to engage in a behaviour set out in paragraph (a) or (b) on the person's behalf;
(d)any prescribed communication.
2.1A.2Who are authorised persons?
(1)Each of the following persons is an authorised person—
(a)the principal of a registered school;
(b)for a Government school, the Secretary;
(c)for a non-Government school, the proprietor of the school, or, if the proprietor of the school is not an individual, a person authorised by the Secretary for that school;
(d)any other person or member of a class of person authorised by the Secretary.
(2)For the purposes of subsection (1)(c) and (d), the Secretary may authorise a person or any member of a class of person in accordance with the guidelines made under section 2.1A.37 if—
(a)the Secretary considers that the person or members of the class of person has the necessary skills, qualifications and experience; and
(b)the person or member of the class of person is associated with, or involved in, the administration or management of one or more schools.
Division 2—Immediate school community safety orders
2.1A.3Authorised person may make immediate order
(1)Subject to this Division, an authorised person may make an immediate school community safety order that prohibits a person from entering or remaining on any school-related place of the relevant school specified in the order.
(2)An immediate school community safety order must not be made in respect of a person—
(a)who is under the age of 18 years; or
(b)who is a staff member at the relevant school; or
(c)who is a student at the relevant school.
2.1A.4Process for giving immediate order
(1)An immediate school community safety order may be made either orally or by written notice given to the person to whom the order applies.
(2)If an authorised person makes an immediate school community safety order orally, the authorised person must give the person to whom the order applies written notice of the order as soon as is practicable.
(3)For the purposes of subsections (1) and (2), written notice is given to the person to whom the order applies if the notice is—
(a)personally handed to the person; or
(b)sent to the postal address or email address of the person.
(4)If the authorised person is not able to give the written notice under this section to the person to whom the order applies, the authorised person must keep a written record of the following—
(a)the order that was made;
(b)the reason a written notice was not able to be given to the person to whom the order applies;
(c)a description of the person to whom the order applies.
(5)An order that is given orally is not invalid merely because the authorised person has not given the written notice under this section to the person to whom the order applies.
Example
If a person to whom an order applies refuses to give their name or contact details to the authorised person, the authorised person may not be able to give the written notice to the person.
2.1A.5Grounds and other requirements for making immediate order
(1)An authorised person may make an immediate school community safety order in respect of a person if the authorised person reasonably believes that—
(a)the person poses an unacceptable and imminent risk of harm—
(i)to another person at any school-related place of the relevant school to which paragraph (a) of the definition of school-related place applies; or
(ii)to a member of the school community at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of school-related place applies, if the member of the school community is at that place for a reason that is connected with the school; or
(b)the person poses an unacceptable and imminent risk of causing significant disruption to the relevant school or activities carried on by the relevant school; or
(c)the person poses an unacceptable and imminent risk of interfering with the wellbeing, safety or educational opportunities of students enrolled at the relevant school.
(2)The authorised person must consider the following before making an immediate school community safety order in respect of a person—
(a)any vulnerability of the person of which the authorised person is aware;
(b)whether the order is the least restrictive means available to address the grounds on which the order is proposed to be made.
(3)An authorised person must not make an immediate school community safety order unless it is reasonably necessary to address the grounds on which the order is proposed to be made.
2.1A.6Coming into effect of immediate order
An immediate school community safety order comes into effect when it is given to the person to whom the order applies.
2.1A.7Matters that must be stated in an immediate order
(1)Written notice of an immediate school community safety order must state the following—
(a)the name of the person to whom the order applies;
(b)the school in respect of which the order is made;
(c)the terms of the order in accordance with section 2.1A.3(1);
(d)the school-related places of the relevant school to which the order applies, as determined under section 2.1A.8(1);
(e)the grounds on which the order is made;
(f)the period for which the order remains in force, as determined under section 2.1A.8(1);
(g)any conditions attached to the order, as determined under section 2.1A.8(1);
(h)any actions that are specified under section 2.1A.8(2);
(i)the effect of section 2.1A.14;
(j)the orders that may be made by the Magistrates' Court if the person fails to comply with the order;
(k)any prescribed information.
(2)An authorised person who makes an immediate school community safety order orally must state the following to the person to whom the order applies—
(a)the school in respect of which the order is made;
(b)the grounds on which the order is made;
(c)the period for which the order remains in force, as determined by the authorised person under section 2.1A.8(1).
2.1A.8Conditions and other matters for immediate orders
(1)In making an immediate school community safety order an authorised person—
(a)must determine the school-related places of the relevant school to which the order applies; and
(b)must determine the period for which the order is to remain in force, which is subject to any provisions of this Part as to the duration, revocation or expiry of immediate school community safety orders; and
(c)may determine conditions to be attached to the order, including but not limited to times when the order does not apply or areas where the order does not apply.
Example
An immediate school community safety order may prohibit the person to whom the order applies from entering on school premises, subject to a condition that the person may enter the premises in particular circumstances, such as for a particular school event.
(2)An authorised person, in making an immediate school community safety order, may specify in the order any reasonable and appropriate actions that the person to whom the order applies may take to have the order revoked.
Examples
The following are examples of actions that may be specified in the order—
(a) participating in a specified course;
(b) participating in a nominated alternative dispute resolution process;
(c) apologising or retracting a statement;
(d) participating in an assessment by an independent expert.
2.1A.9Duration of immediate orders
(1)An immediate school community safety order remains in force until whichever is the earlier of—
(a)the end of the period specified in the order; or
(b)14 days after the day on which the order is made; or
(c)as a result of a review under section 2.1A.12—
(i)the coming into force of an ongoing school community safety order; or
(ii)the revocation of the immediate school community safety order.
(2)If an application for an extension of time to make submissions under section 2.1A.22 is approved, any time taken by the applicant within the extension of time period to make submissions is not counted towards the period referred to in subsection (1)(a) or (b).
2.1A.10Revocation of immediate orders
(1)An authorised person may revoke an immediate school community safety order—
(a)if the order specifies actions under section 2.1A.8(2) and the person to whom the order applies—
(i)undertakes the actions specified in the order; and
(ii)provides evidence of the completion of the actions to the authorised person, in a form specified in the order; or
(b)for any other reason.
(2)Revocation of an immediate school community safety order under subsection (1) may be made either orally or by written notice given to the person to whom the order applies.
(3)If an authorised person revokes an immediate school community safety order orally, the authorised person must give the person to whom the order applies written notice of the revocation as soon as is practicable.
2.1A.11Person to whom immediate order applies may make submissions to authorised person
(1)A person to whom an immediate school community safety order applies may make submissions to the authorised person at any time regarding the continuation of the immediate school community safety order.
(2)Submissions under subsection (1) must be made in writing unless the person who is the subject of the order has written permission from the authorised person to make oral submissions.
2.1A.12Review of immediate order
(1)As soon as practicable after making an immediate school community safety order, the authorised person must review the order and—
(a)make an ongoing school community safety order in accordance with Division 3; or
(b)revoke the immediate school community safety order.
(2)A review under subsection (1) must take place no later than whichever of the following first occurs—
(a)the end of the period described in section 2.1A.9(1)(a);
(b)the end of the period described in section 2.1A.9(1)(b).
(3)If, on reviewing the order under subsection (1), the authorised person decides that grounds do not exist for making the order, the authorised person must revoke the order.
(4)In reviewing an immediate school community safety order under subsection (1), the authorised person must consider any submissions received under section 2.1A.11 before the review is completed.
2.1A.13Communication and access arrangements
(1)If an immediate school community safety order is made in respect of a person who is a parent of a child at the school, the authorised person must prepare a communication and access protocol.
(2)A communication and access protocol must set out—
(a)the measures to be taken to ensure that the parent may continue to communicate with the school and be informed about the child's education; and
Example
Where a parent is unable to attend a parent and teacher meeting.
(b)arrangements to ensure the child's continued attendance at and safe access to the school and school activities, if as a result of the order the parent cannot escort the child to or from school or school activities; and
(c)any matters that are required to be set out by the guidelines.
(3)The authorised person must advise the parent of the communication and access protocol as soon as is reasonably practicable after the immediate school community safety order is given to the parent in writing.
2.1A.14Contravention of immediate order
(1)A person must not contravene an immediate school community safety order.
(2)Subsection (1) is a civil penalty provision.
Division 3—Ongoing school community safety orders
2.1A.15Authorised person may make ongoing order
(1)Subject to this Division, an authorised person may make an ongoing school community safety order that prohibits a person from all or any of the following—
(a)entering or remaining on any school‑related place of the relevant school specified in the order;
(b)approaching any staff member, or class of staff members, specified in the order to a distance of less than 25 metres, whether or not within any school-related place of the relevant school specified in the order;
(c)telephoning, sending a message to or otherwise contacting any staff member, or class of staff members, specified in the order;
(d)causing a third person to engage in the behaviour specified in paragraph (b) on the person's behalf;
(e)using or communicating on a communication platform or channel specified in the order that is owned or controlled by, or established in relation to, the relevant school specified in the order;
(f)any prescribed conduct.
(2)An ongoing school community safety order must not be made in respect of a person—
(a)who is under the age of 18 years; or
(b)who is a staff member at the relevant school; or
(c)who is a student at the relevant school.
2.1A.16Relationship between immediate order and ongoing order
An authorised person may make an ongoing school community safety order in respect of a person, whether or not an immediate school community safety order has been made in respect of that person.
2.1A.17Grounds and other requirements for making ongoing orders
(1)An authorised person may make an ongoing school community safety order in respect of another person if the authorised person reasonably believes that the other person—
(a)poses an unacceptable risk of harm—
(i)to anybody at any school-related place of the relevant school to which paragraph (a) of the definition of school-related place applies; or
(ii)to a member of the school community at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of school-related place applies, if the member of the school community is at that place for a reason that is connected with the school; or
(b)poses an unacceptable risk of causing significant disruption to the relevant school or activities carried on by the relevant school; or
(c)poses an unacceptable risk of interfering with the wellbeing, safety or educational opportunities of students enrolled at the relevant school; or
(d)has behaved and is likely to behave in a disorderly, offensive, intimidating or threatening manner to a member of the school community of the relevant school—
(i)at any school-related place of the relevant school to which paragraph (a) of the definition of school-related place applies; or
(ii)at any school-related place of the relevant school to which paragraph (b), (c) or (d) of the definition of school-related place applies, if the member of the school community is at that place for a reason that is connected with the school; or
(e)has engaged in and is likely to engage in vexatious communications with, or regarding, a staff member at the relevant school.
(2)The authorised person must consider the following before making an ongoing school community safety order in respect of another person—
(a)any vulnerability of the other person of which the authorised person is aware;
(b)whether the order is the least restrictive means available to address the grounds on which the order is proposed to be made.
(3)An authorised person must not make an ongoing school community safety order unless it is reasonably necessary to address the grounds on which the order is proposed to be made.
2.1A.18Process for giving ongoing order
(1)An ongoing school community safety order may be made by giving written notice to the person to whom the order applies.
(2)For the purposes of subsection (1), written notice is given to the person to whom the order applies if the notice—
(a)is personally handed to the person;
(b)is sent to the postal address or email address of the person.
2.1A.19Coming into effect of ongoing order
An ongoing school community safety order comes into effect when it is given to the person to whom the order applies.
2.1A.20Form of ongoing order
(1)Written notice of an ongoing school community safety order must state the following—
(a)the name of the person to whom the order applies;
(b)the school in respect of which the order is made;
(c)the terms of the order in accordance with section 2.1A.15(1);
(d)the relevant school-related places to which the order applies, as determined under section 2.1A.24(1);
(e)the grounds on which the order has been made;
(f)the period for which the order is in force, as determined under section 2.1A.24(1);
(g)any conditions that are attached to the order, as determined under section 2.1A.24(1);
(h)any actions that are specified under section 2.1A.24(2);
(i)the effect of section 2.1A.28;
(j)the orders that may be made by the Magistrates' Court;
(k)any other prescribed information.
(2)An ongoing school community safety order must set out the effect of sections 2.1A.29 and 2.1A.33 regarding internal and external review of the decision to issue an ongoing school community safety order.
2.1A.21Procedure before making ongoing order
(1)An authorised person must not make an ongoing school community safety order unless the authorised person—
(a)has given notice of the proposal to make the order to the person to whom the order is to apply; and
(b)has allowed the person to whom the order is to apply at least 7 days from the giving of the notice in which to make submissions on the proposal to the authorised person.
(2)In determining whether to make an ongoing school community safety order, the authorised person must consider any submissions received under subsection (1)(b) that are made within the time specified in that paragraph.
(3)A notice under subsection (1)(a) must attach a copy of the proposed order and must set out the following—
(a)that the person to whom the order is to apply is entitled under subsection (1) to make written submissions on the proposal to make the order within 7 days from the giving of the notice;
(b)any other prescribed information.
(4)Submissions under subsection (1)(b) must be made in writing, unless the person to whom the order is to apply has written permission from the authorised person to make oral submissions.
(5)The person to whom an ongoing school community safety order is to apply may, with the written permission of the authorised person, nominate another person to make a submission on their behalf under subsection (1)(b).
2.1A.22Extension of time to make submissions
(1)An authorised person may extend the time within which submissions may be made under section 2.1A.21(1)(b), on application under subsection (2) by the person to whom the ongoing school community safety order is proposed to apply.
(2)A person to whom the order is to apply may request that the authorised person extend the time within which submissions may be made under section 2.1A.21(1)(b).
(3)If an authorised person decides to extend the time under subsection (1), the authorised person must give written notice of the extension to the person to whom the order is to apply which sets out—
(a)the new time within which submissions must be made; and
(b)if the order is being made as result of a review under section 2.1A.12, the period as determined under section 2.1A.9 when the immediate school community safety order expires.
(4)A request under subsection (2) may be made at any time before the order is made.
2.1A.23Communication and access arrangements for ongoing orders
(1)If an ongoing school community safety order is made in respect of a person who is a parent of a child at the school, the authorised person must prepare a communication and access protocol.
(2)A communication and access protocol must set out—
(a)the measures to be taken to ensure that the parent may continue to communicate with the school and be informed about the child's education; and
Example
Where a parent is unable to attend a parent and teacher meeting.
(b)arrangements to ensure the child's continued attendance at and safe access to the school and school activities, if as a result of the order the parent cannot escort the child to or from the school or school activities; and
(c)any matters that are required to be set out by the guidelines.
(3)The authorised person must advise the parent of the communication and access protocol as soon as is reasonably practicable after the order is given to the parent.
2.1A.24Conditions and other matters for ongoing orders
(1)In making an ongoing school community safety order an authorised person—
(a)must determine the school-related places of the relevant school to which the order applies; and
(b)must determine the period for which the order is to remain in force, which is subject to any provisions of this Part as to the duration, revocation or expiry of ongoing school community safety orders; and
(c)may determine conditions to be attached to the order, including but not limited to times when the order does not apply or areas where the order does not apply.
Example
An ongoing school community safety order may prohibit the person to whom the order applies from entering on school premises, subject to a condition that the person may enter the premises in particular circumstances, such as for a particular school event. It may prohibit communication with staff members, subject to a condition that particular staff members identified in the order may be communicated with.
(2)An authorised person, in making an ongoing school community safety order, may specify in the order any reasonable and appropriate actions that the person to whom the order applies may take to have the order revoked.
Examples
The following are examples of actions that may be specified in the order—
(a) participating in a specified course;
(b) participating in a nominated alternative dispute resolution process;
(c) apologising or retracting a statement;
(d) participating in an assessment by an independent expert.
2.1A.25Revocation of ongoing orders
An authorised person may revoke an ongoing school community safety order—
(a)if the order specifies actions under section 2.1A.24(2) and the person to whom the order applies—
(i)undertakes the actions specified in the order; and
(ii)provides evidence of the completion of the actions to the authorised person, in a form specified in the order; or
(b)for any other reason.
2.1A.26Variation of ongoing orders
(1)An ongoing school community safety order may be varied by the authorised person who made the order—
(a)on the authorised person's own motion; or
(b)on the application of the person to whom the order applies.
(2)A variation to an ongoing school community safety order may do any of the following—
(a)vary or revoke existing conditions or exceptions;
(b)impose new conditions;
(c)provide for new exceptions.
(3)If an authorised person varies an ongoing school community safety order—
(a)subject to subsection (4), the authorised person must comply with sections 2.1A.15 to 2.1A.24 as if the application of those sections to the making of an ongoing school community safety order were to the varying of an ongoing school community safety order; and
(b)the authorised person must give a written copy of the order as varied to the person to whom the order applies.
(4)An authorised person is not required to comply with sections 2.1A.15 to 2.1A.24 in relation to a variation if the proposed variation—
(a)is the same as the variation that has been requested by the person to whom the order applies; or
(b)is otherwise in favour of the person to whom the order applies.
2.1A.27Duration of ongoing orders
Unless earlier revoked, an ongoing school community safety order continues in force for the period specified in the order, being a period not exceeding 12 months from the day on which the order was given to the person to whom the order applies.
2.1A.28Contravention of ongoing order
(1)A person must not contravene an ongoing school community safety order.
(2)Subsection (1) is a civil penalty provision.
Division 4—Review of ongoing school community safety order
2.1A.29Internal review
(1)A person to whom an ongoing school community safety order applies may apply in writing to the school in respect of which the order was made for internal review of a decision—
(a)to make the order; or
(b)to vary the order on the authorised person's own motion; or
(c)to refuse an application for variation of the order by the person to whom the order applies under section 2.1A.26(1)(b); or
(d)to refuse to revoke an order under section 2.1A.25(a).
(2)An application under subsection (1) must be referred by the school to a reviewer as soon as is practicable.
(3)A reviewer must conduct a review of the decision in respect of which the application is made in accordance with—
(a)this Division and any guidelines made by the Minister under Division 5; and
(b)the procedures for internal review published on the Internet site of—
(i)the Department, if the order relates to a Government school; or
(ii)the relevant school, if the order relates to a non-Government school.
(4)Any internal review procedures determined under subsection (3)(b) must—
(a)provide the person to whom the order applies with the opportunity to make written submissions or, if permitted by the reviewer to do so, oral submissions; and
(b)allow the person to whom the order applies to be represented, accompanied or assisted by another person; and
(c)require a written statement of the following to be provided to the person to whom the order applies—
(i)the outcome of the review;
(ii)the reasons for the decision;
(iii)information setting out the person's entitlement to seek external review by VCAT; and
(d)be consistent with any guidelines made by the Minister under Division 5.
(5)A reviewer may request the person to whom an ongoing school community safety order applies to provide further relevant information.
2.1A.30Timelines for internal review
(1)An application for internal review must be made within 28 days after the decision that is the subject of the review.
(2)An internal review decision should be made as soon as is reasonably practicable, and no later than 28 days after the application for internal review.
(3)If the reviewer requests further information under section 2.1A.29(5), any time taken by the person to whom the order applies to respond to that request is not counted towards the 28 day period in subsection (2).
(4)The reviewer may extend the 28 day period in subsection (2) for a further period of 28 days—
(a)on written application of the person to whom the order applies; or
(b)of the reviewer's own motion.
(5)If a decision is not made within the period required by this section (including, if applicable, the period as extended) the ongoing school community safety order is revoked.
2.1A.31Effect of commencement of review on continuation of ongoing order
An ongoing school community safety order continues in force in accordance with the period specified in the order, despite the commencement of a review under this Division, until the review is completed.
2.1A.32Outcome of internal review
A reviewer may make a decision that affirms, varies or revokes the decision that is the subject of the review.
2.1A.33Review by VCAT
A person to whom an ongoing school community safety order applies that is the subject of a decision under section 2.1A.32 may apply to the Victorian Civil and Administrative Tribunal for review of that decision.
2.1A.34Time period for making application for review
An application for review under section 2.1A.33 must be made within 28 days of the later of—
(a)the day on which the decision is made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 5—Guidelines
2.1A.35Authorised person to give effect to guidelines
(1)An authorised person must give effect to any guidelines made by the Minister under this Division when making, varying or revoking a school community safety order.
(2)The Secretary must give effect to any guidelines made by the Minister under this Division when authorising a person under section 2.1A.2.
(3)A decision made by an authorised person is not invalid merely because the authorised person has not complied with guidelines made by the Minister under this Division, but the failure to comply with guidelines may be taken into account if the decision is the subject of internal or external review.
2.1A.36Reviewer to give effect to guidelines
(1)A reviewer must give effect to any guidelines made by the Minister under this Division when conducting an internal review under Division 4.
(2)A decision made by a reviewer is not invalid merely because the reviewer has not complied with guidelines made by the Minister under this Division, but the failure to comply with guidelines may be taken into account if the decision made in relation to the internal review is the subject of external review.
2.1A.37Ministerial guidelines
(1)The Minister, by determination, may make guidelines for or with respect to the following—
(a)matters to be considered in determining whether or not to make a school community safety order, including examples that illustrate how the requirements of this Act might apply;
Examples
Examples of matters that can be provided for under this paragraph include—
(a)the considerations to be taken into account with regard to a person's vulnerabilities; and
(b)the considerations to be taken into account in determining the least restrictive means to address a risk; and
(c)the circumstances in which to obtain police involvement.
(b)the processes for making submissions and reviewing decisions to make school community safety orders;
(c)alternative arrangements that may be made for persons to whom school community safety orders apply or students who may be affected by these orders;
(d)circumstances in which school community safety orders should be subject to conditions and the nature of the conditions;
(e)circumstances in which ongoing school community safety orders should be varied and the nature of the variations;
(f)circumstances in which the grounds for the making of ongoing school community safety orders apply;
(g)the length of time for which school community safety orders should remain in force;
(h)the circumstances in which school community safety orders should be revoked;
(i)enforcement of school community safety orders;
(j)persons or classes of person the Secretary may authorise to be authorised persons under section 2.1A.2(1)(d);
(k)any other related matters;
(l)any other prescribed matters.
(2)Guidelines made under subsection (1) are not a legislative instrument for the purposes of the Subordinate Legislation Act 1994.
2.1A.38Notice and publication of guidelines
(1)Guidelines made by the Minister under section 2.1A.37 must be published on the Internet site of the Department.
(2)Notice of the making of any guidelines under section 2.1A.37 must be published in the Government Gazette.
(3)The Minister may amend the guidelines at any time, and must cause an amended version of the guidelines to be published on the Internet site of the Department.
(4)Notice of the making of an amendment under subsection (3) must be published in the Government Gazette.
Division 6—Civil penalties and enforcement
2.1A.39Definition
In this Part—
civil penalty means a penalty imposed on a person by the Magistrates' Court under section 2.1A.41.
2.1A.40Application to the Magistrates' Court
(1)The Secretary may apply to the Magistrates' Court for an order under this Division.
(2)A nominee of the proprietor of a registered school may apply to the Magistrates' Court for an order under this Division relating to a school community safety order made by an authorised person at the registered school.
2.1A.41Magistrates' Court may order payment of civil penalty
If the Court is satisfied that a person has contravened a civil penalty provision, the Court may order the person to pay a civil penalty of up to 60 penalty units.
2.1A.42Payment of penalty
(1)Any civil penalty ordered to be paid under section 2.1A.41 is taken to be a debt due to the State and may be recovered by the State in a court of competent jurisdiction.
(2)Any money paid or recovered under an order under section 2.1A.41 must be paid into the Consolidated Fund.
2.1A.43Magistrates' Court may make other orders
If the Court is satisfied that a person has contravened a term of a school community safety order, the Court may make one or more of the following orders—
(a)an order compelling the person to comply with the order;
(b)an order compelling the person to take specified action to comply with the order;
(c)any other order that the Court considers appropriate.
Division 7—Statutory review
2.1A.44Statutory review of provisions
The Minister must cause a review of the operation of this Part to be conducted before the second anniversary of the day on which all of the provisions of this Part are in operation.".
7Repeal of this Act
This Act is repealed on the first anniversary of the first day on which on which all of its provisions are in operation.
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
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 May 2021
Legislative Council: 10 June 2021
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 orders prohibiting or regulating certain conduct on school premises and school‑related places and for other purposes."
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