SCHOOL EDUCATION ACT 1999 - SECT 120

SCHOOL EDUCATION ACT 1999 - SECT 120

120 .         Non-student disrupting school etc., powers to deal with

        (1)         If an authorised person reasonably suspects that a person who is not a student at a government school —

            (a)         has substantially disrupted, or is likely to substantially disrupt, the discipline of students or the good order of the school; or

            (b)         has used threatening, abusive or insulting language towards a teacher acting in an official capacity,

                the authorised person may require the person to —

            (c)         state his or her name and address; and

            (d)         leave the school premises, and remain away from those premises for the following 24 hours.

        (2)         A person must not —

            (a)         fail to comply with a requirement directed to him or her under subsection (1); or

            (b)         when required to state his or her name and address, give any false or misleading information.

        Penalty: a fine of $5 000.

        (3)         An authorised person may —

            (a)         detain a person who has contravened subsection (2) until the person can be delivered to a police officer; and

            (b)         use the help of other persons as is necessary for that purpose.

        (4)         Reasonable force may be used in the exercise of the powers conferred by subsection (3).

        (5)         In this section —

        authorised person in relation to a government school means —

            (a)         the principal of the school; or

            (b)         a person authorised by the chief executive officer to exercise the powers conferred by this section in respect of that school; or

            (c)         a person who belongs to a class of persons so authorised.

        [Section 120 amended: No. 50 of 2003 s. 94(2); No. 28 of 2014 s. 35.]