Section 29Part 11 — DISCIPLINE AND PROHIBITION OF CORPORAL PUNISHMENT IN EDUCATIONAL INSTITUTIONS
Power to search students for weapons and illegal substances
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This section applies when a member of staff of a school has reasonable grounds for suspecting that a student at the school may have with the student or in the student's possession —
an offensive weapon, prohibited weapon or restricted weapon as set out in the Penal Code (2024 Revision);
a controlled drug listed in Part 1 of Schedule 1 of the Misuse of Drugs Act (2017 Revision);
a stolen article; or
an article of a kind specified by the Director of the Department of Education Services or governing body.
When this section applies, a person may carry out a search of a student or a student's possessions for articles, weapons or substances only if that person —
is the school leader; or
has been authorised by the school leader to carry out the search.
When this section applies, a search may be carried out only if —
the member of staff and the student —
are on the premises of the school; or
are not on the premises of the school and the member of the staff has lawful control or charge of the student; and
the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency or will provide evidence of an offence.
A person carrying out a search under this section may seize any of the following found in the course of the search —
an item that the Director of the Department of Education Services or governing body has declared to be a prohibited item, pursuant to school policies;
an item that is prohibited by Law;
an item which, in the opinion of the person carrying out the search, may be used to harm another person or cause damage to property; and
any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.
A person who is carrying out the search under this section may use such force as is reasonable in the circumstances for exercising that power.
Cross References
- Section of Penal Codeexternal
Penal Code (2024 Revision) - offensive, prohibited, and restricted weapons
- Section of Misuse Of Drugs Act
Misuse of Drugs Act (2017 Revision) - controlled drugs listed in Part 1 of Schedule 1