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Clause Page
Education (Trespass) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New Division 6 inserted in Part I of Education Act 1958 2
Division 6--Trespass on State Schools 2
20B. Definitions 2
20C. Trespass after warning to leave 3
20D. Trespass after warning to stay off 4
20E. Delivery of warnings 4
20F. Power to require names and addresses 5
20G. Appointment of persons to exercise occupier's powers 5
20H. Prosecutions 6
20I. Evidentiary provisions 7
20J. Application of existing trespass laws 8
NOTES 9
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A BILL
to amend the Education Act 1958 with respect to trespassing on State
schools and for other purposes.
Education (Trespass) Act 1996
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the
Education Act 1958 with respect to trespassing
on State schools.
2. Commencement
5
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
(2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
10
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Education (Trespass) Act 1996
s. 3
Act No.
3. New Division 6 inserted in Part I of Education Act
1958
No. 6240.
After Division 5 of Part I of the Education Act Reprinted to
1958 insert-- No. 82/1994.
Subsequently
amended by
'Division 6--Trespass on State Schools
5 Nos 31/1994
(as amended
by No.
20B. Definitions 43/1995) and
104/1995.
(1) In this Division--
"occupier", in relation to State school land,
means the Minister or a person
appointed by the Minister under section
10
20G;
"State school land" means any land used
for the purposes of a State school.
(2) For the purposes of this Division a person is
a trespasser on State school land if he or she
15
is on that land without express or implied
authority given by the occupier or without
any other lawful excuse or justification.
(3) Without limiting sub-section (2), examples
of circumstances in which a person is a
20
trespasser on State school land are--
(a) the person is on that land after the
express revocation by the occupier of
any express or implied authority given
to that person to be on that land, the
25
revocation being effected by--
(i) the occupier warning the person to
leave that land; or
(ii) the occupier having previously
warned the person to stay off that
30
land; or
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s. 3 Act No.
(b) the person is on that land in breach of a
prominently displayed sign erected on
that land by the occupier stating that--
(i) the person concerned, or a class of
persons of which the person
5
concerned is a member, is
prohibited from being on that
land; or
(ii) persons engaging on that land in
the type of activity in which the
10
person concerned is engaging on
that land are prohibited from
being on that land--
and the person has no other lawful excuse or
justification for being on that land.
15
20C. Trespass after warning to leave
(1) A person who trespasses on State school
land must not neglect or refuse to leave that
land after being warned to do so by the
occupier.
20
Penalty: For a first offence--10 penalty
units or imprisonment for 3
months;
For a subsequent offence--25 penalty
25 units or imprisonment for 6 months.
(2) Without limiting any other applicable
defence, in a proceeding for an offence
against sub-section (1) it is a defence to the
charge for the defendant to prove that it was
necessary for him or her to remain on the
30
State school land for his or her own
protection or the protection of some other
person or because of an emergency involving
his or her property or the property of some
other person.
35
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20D. Trespass after warning to stay off
(1) The occupier of State school land may warn
a person who is trespassing on that land to
stay off that land.
(2) The occupier of State school land may,
5
within a reasonable time after the trespass,
warn a person who has trespassed on that
land to stay off that land.
(3) The occupier of State school land may warn
a person to stay off that land if he or she has
10
reasonable cause to suspect that the person is
likely to trespass on that land.
(4) A person must not wilfully trespass on State
school land at any time within 2 years after
being warned under this section to stay off
15
that land.
Penalty: For a first offence--10 penalty
units or imprisonment for 3
months;
20 For a subsequent offence--25 penalty
units or imprisonment for 6 months.
(5) Without limiting any other applicable
defence, in a proceeding for an offence
against sub-section (4) it is a defence to the
charge for the defendant to prove that it was
25
necessary for him or her to trespass on the
State school land for his or her own
protection or the protection of some other
person or because of an emergency involving
his or her property or the property of some
30
other person.
20E. Delivery of warnings
A warning may be given to a person under
section 20C or 20D--
(a) orally; or
35
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(b) by delivering written notice of it
personally to the person; or
(c) by sending written notice of it by
certified mail addressed to the person at
his or her usual or last known place of
5
residence.
20F. Power to require names and addresses
(1) The occupier of State school land or a
member of the police force may request a
person whom he or she finds trespassing on
10
that land to state his or her name and
address.
(2) A person must not, in response to a request
under sub-section (1)--
(a) refuse or fail to comply with the
15
request; or
(b) state a name that is false in a material
particular; or
(c) state an address other than the full and
correct address of his or her ordinary
20
place of residence or business.
Penalty: 5 penalty units.
20G. Appointment of persons to exercise
occupier's powers
(1) The Minister may appoint by instrument--
25
(a) the holder of the position of principal
of, or teacher in, a State school; or
(b) the holder of a position in the public
service within the meaning of the
Public Sector Management Act 1992
30
or any member of staff within the
meaning of that Act--
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Act No.
to exercise any power of the Minister,
whether under this Division or otherwise, as
occupier of State school land.
(2) An appointment by the Minister under sub-
section (1) directed to the holder of a
5
position is also effective to appoint any
person for the time being acting in or
performing the duties of the position, unless
the contrary intention appears in the
instrument of appointment.
10
(3) An appointment of a person by the Minister
under sub-section (1) may be made subject
to any condition or limitation specified in the
instrument of appointment.
(4) An appointment under sub-section (1) made
15
by the person for the time being holding,
acting in or performing the duties of the
office of the Minister continues in force even
if the person who made the appointment
ceases to hold, act in or perform the duties of
20
that office but the appointment may be
revoked or varied by any person who is for
the time being holding, acting in or
performing the duties of that office.
(5) If the exercise by the occupier of State
25
school land of a power is dependent on the
opinion, belief or state of mind of that person
in relation to a matter and a person is
appointed under sub-section (1) to exercise
that power, the appointee may exercise the
30
power on his or her own opinion, belief or
state of mind (as the case requires) in
relation to that matter.
20H. Prosecutions
(1) Despite anything to the contrary in this Act,
35
a proceeding for an offence against a
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provision of this Division may only be
brought by--
(a) a member of the police force; or
(b) the occupier of the State school land
concerned.
5
(2) In a proceeding for an offence against a
provision of this Division it must be
presumed, in the absence of evidence to the
contrary, that the person bringing the
proceeding was authorised to bring it.
10
20I. Evidentiary provisions
(1) In a proceeding for an offence against a
provision of this Division, if a member of the
police force avers--
(a) that a person named by him or her is
15
the occupier, within the meaning of this
Division, of State school land described
by him or her; or
(b) that land described by him or her is
State school land within the meaning of
20
this Division--
the averment is evidence of that fact.
(2) A certificate purporting to be signed by the
Director certifying--
(a) that a person named in it is the
25
occupier, within the meaning of this
Division, of State school land described
in it; or
(b) that land described in it is State school
land within the meaning of this
30
Division--
is admissible in evidence in a proceeding for
an offence against a provision of this
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Division and, in the absence of evidence to
the contrary, is proof of the matter contained
in it.
20J. Application of existing trespass laws
(1) Despite anything to the contrary in the
5
Summary Offences Act 1966, section
9(1)(d) of that Act does not apply to State
school land.
(2) Nothing in this Division affects the
application of section 207(1) of the Crimes
10
Act 1958 to State school land.'.
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Education (Trespass) Act 1996
Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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