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Protection of staff and students

Offensive or Threatening Behaviour

A person who behaves in an offensive or threatening manner on prescribed premises is guilty of an offence. Maximum penalty: $2 500.

Prescribed premises include:

  • government or non government schools;
  • a preschool (whether a Government preschool or otherwise);
  • a children's services centre;
  • an approved education and care service under the Education and Care Services National Law (South Australia); or
  • any other premises prescribed by the Education and Children's Services Regulations 2020 (SA)

A person who either:

  • uses abusive, threatening or insulting language to a prescribed person acting in the course of their duties; or
  • behaves in an offensive or threatening manner towards a prescribed person acting in the course of their duties, (whether or not the behaviour occurs on premises)

is guilty of an offence.

Maximum penalty: $2 500.

Students and employees of prescribed premises are exempt. It is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that a specified person was a prescribed person.

A prescribed person includes:

  • a principal of a school or head of an approved learning program;
  • a director of a stand-alone preschool or children's services centre; or
  • an officer of the teaching service; or
  • an employee of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; or
  • any other person employed at a school, preschool, children's services centre or approved education and care service.

Trespassing

A person who, without reasonable excuse, trespasses on prescribed premises is guilty of an offence. Maximum penalty: $2 500.

Barring Orders

Individuals barred from the premises of government and non-government schools, preschools, and children’s services centre (for up to 3 months) must be served a written barring notice.

A person who contravenes or fails to comply with a barring notice is guilty of an offence. Maximum penalty: $2 500.

Protection of staff and students  :  Last Revised: Tue Jul 7th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.