Education and Training Reform (School Safety) Regulations 2021 (Vic)

Version No. 001

Education and Training Reform (School Safety) Regulations 2021

S.R. No. 160/2021

Version as at

20 December 2021

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Revocation

5Definitions

Part 2—Searching for harmful items

6Searching for a harmful item

7Searching non-school premises

Part 3—Seizing harmful items

8Seizing a firearm or prohibited weapon

9Seizing a harmful item that is not a firearm or prohibited weapon

Part 4—Action to be taken after search and seizure

10Storing a firearm or prohibited weapon

11Storing a harmful item that is not a firearm or prohibited weapon

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Education and Training Reform (School Safety) Regulations 2021

S.R. No. 160/2021

Version as at

20 December 2021

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 provision

These Regulations are made under section 5.10.1 of the Education and Training Reform Act 2006.

3Commencement

These Regulations come into operation on 20 December 2021.

4Revocation

The Education and Training Reform (School Safety) Regulations 2011[1] are revoked.

5Definitions

In these Regulations—

passengerservices vehicle means a vehicle that is providing passenger services within the meaning of the Transport Integration Act 2010;

the Act means the Education and Training Reform Act 2006.

Part 2—Searching for harmful items

6Searching for a harmful item

(1)For the purposes of section 5.8A.3 of the Act, a person must not exercise a power 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 police officer 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 operator of the vehicle for the search to be conducted.

(4)A person who exercises a power under section 5.8A.3 of the Act 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.

7Searching non-school premises

For the purposes of section 5.8A.3(1)(b) of the Act, a person who exercises a power 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 a teacher supervised activity.

Part 3—Seizing harmful items

8Seizing a firearm or prohibited weapon

For the purposes of section 5.8A.4 of the Act, a person must not seize a firearm or prohibited weapon 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 police officer carrying out the seizure in a timely manner.

9Seizing 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, students, staff or members of the public that could be reasonably likely to result if the item is not seized.

Part 4—Action to be taken after search and seizure

10Storing a 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 police officer—

(a)in a locked strongbox, safe or other secure container in a locked room;

(b)the principal must supervise the room containing the seized item;

(c)if it is not practicable to store the item in accordance with paragraphs (a) and (b), the item must be stored in a manner which is as safe and secure as is practicable in the circumstances.

11Storing 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 police officer or returned to the owner or the owner's guardian in accordance with the Act.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Education and Training Reform (School Safety) Regulations 2021, S.R. No. 160/2021 were made on 14 December 2021 by the Governor in Council under section 5.10.1 of the Education and Training Reform Act 2006, No. 24/2006 and came into operation on 20 December 2021: regulation 3.

The Education and Training Reform (School Safety) Regulations 2021 will sunset 10 years after the day of making on 14 December 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Education and Training Reform (School Safety) Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 165/2011.