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Temporary Removal of Student Property

July 2010

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Legislative power• Education (General Provisions) Act 2006

(EGPA) gives principals and teachers inherent power to temporarily remove student property

• To clarify these powers, amendment to EGPA Regulation occurred in July 2010

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• Creates statutory power to allow principals and staff members to temporarily remove student property

• Regulation commenced 26 July 2010

Education (General Provisions) Amendment Regulation (No 1) 2010

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Who is considered a staff member?

Staff member of a state school means anyone employed by the chief executive at the school– Includes:

• Principals, deputy principals, teaching and non teaching staff

– Does not include:• Chaplains, school-based police officers, school-

based youth health nurses, volunteers, youth support coordinators

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What does the new regulation mean for schools?Principal or staff member may remove property in student’s possession if reasonably satisfied removal is necessary to:– preserve caring, safe, supportive and productive learning environment– maintain and foster mutual respect– encourage students to take responsibility for their behaviour and

consequences of actions– provide for effective administration of matters about students– ensure compliance with Responsible Behaviour Plan for Students or

any other directive, guideline or policy

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ScenarioDuring a science lesson a group of students in class are looking at a mobile phone and appear to be viewing images on the phone and making inappropriate comments about the images.

• Does the teacher have the power to confiscate the phone and view the images and messages on the phone?

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Appropriate response

• Teacher has power to temporarily remove the mobile phone

• Teacher does not have power to view images or messages unless student gives consent

• If teacher suspects phone contains illegal images or has been used to commit a crime, the phone must be given to principal

• The principal must then notify police

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Return of removed property

• Property held by the school must be made available for collection by the student within a reasonable time period

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Return of removed property• Principal or staff member may choose to make the

property available for collection to the parent only if it is more appropriate to do so given:– its condition, nature or value or– to ensure the safety of the student or staff or – for the good order and management, administration and

control of the school• Where the child is an independent student it may

not be appropriate to make the property available for collection by the student’s parents and the property should be returned to the student

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How long can property be removed from student?

• When determining the length of time to remove property schools may wish to consider:– condition, nature and value of the property – circumstances of removal– safety of the student from whom it was

removed and other students and staff– good management of the school

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What property should be handed to police?• Illegal• Likely to threaten safety and wellbeing of staff

and/or student• Suspected of being used to commit a crime

Principals are encouraged to contact parents as soon as practicable if police notified

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Scenario

A student tells the principal that he thinks he saw some drugs in another student’s school bag.

– What would be an appropriate response?

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Appropriate response• Ask student to open property for inspection• Only inspect with student’s consent• If student doesn’t consent and principal thinks

dangerous or illegal property in bag then notify police

• Can keep bag if police notified and have indicated they will come to school to investigate

• Principal can notify parent

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Support materials• DET Policies:

- SMS-PR-039: Temporary Removal of Student Property by School Staff- GVR-PR-001: Police Interviews and Police or Staff Searches at State Educational Institutions

• PowerPoint presentation• Student Services Website:

www.education.qld.gov.au/studentservices