Victorian Consolidated Legislation

Education and Training Reform Act 2006 - SECT 2.2.3.

Limitation on occupier's liability for discontinued Government schools

2.2.3. Limitation on occupier's liability for discontinued Government schools



(1) In this section relevant person, in relation to a Government school
discontinued by the Minister, is a person who-

   (a)  without the consent of the Minister operates, or assists in operating,
        education programs on the premises on which the discontinued school
        operated; or

   (b)  is on those premises to protest against, or in support of persons
        protesting against, the decision of the Minister to discontinue the
        school; or

   (c)  is on those premises as a student of education programs that are being
        operated on those premises without the consent of the Minister.

(2) The Crown or its servants or agents, the State, the Minister or a school
council do not owe a duty of care to any relevant person on the premises of a
Government school-

   (a)  that has been discontinued by the Minister; and

   (b)  to which the provisions of this section are expressly applied by the
        Minister by a notice published in the Government Gazette.

(3) Subsection (2) applies despite anything to the contrary-

   (a)  in Part IIA of the Wrongs Act 1958; or

   (b)  in any rule of law with respect to the liability of an occupier to a
        person entering on the occupier's premises.

Division 2-Instruction in government schools