Education and Training Reform (School Safety) Regulations 2011 (Vic)

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

1Objective

2Authorising provisions

3Commencement

4Definitions

PART 2—SEARCHING FOR HARMFUL ITEMS

5Searching for a harmful item

6Searching non-school premises

PART 3—SEIZING HARMFUL ITEMS

7Seizure of a firearm or prohibited weapon

8Seizure of a harmful item that is not a firearm or prohibited weapon

PART 4—ACTION TO BE TAKEN AFTER SEARCH AND SEIZURE

9Storing of firearm or prohibited weapon

10Storing of a harmful item that is not a firearm or prohibited weapon

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

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

1Objective

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.

2Authorising 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.

3Commencement

These Regulations come into operation on 1 January 2012.

4Definitions

In these Regulations—

passengerservices 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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PART 2—SEARCHING FOR HARMFUL ITEMS

5Searching 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.

(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.

6Searching 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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PART 3—SEIZING HARMFUL ITEMS

7Seizure 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.

8Seizure 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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PART 4—ACTION TO BE TAKEN AFTER SEARCH AND SEIZURE

9Storing 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.

10Storing 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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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).

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.

3.     Explanatory Details

No entries at date of publication.