EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.1A.17 Grounds and other requirements for making ongoing orders

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.1A.17

    (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.

S. 2.1A.18 inserted by No. 24/2021 s. 6.