Part 8 of the Education and Children's Services Act 2019 (SA) outlines protections for teachers, staff and students at schools, preschools, and other education and care services centres.

Offensive, disorderly, intimidating or threatening behaviour

It is an offence to behave in an offensive, disorderly, intimidating or threatening manner on any of the following premises [s 91(1)]:

It is also an offence to:

towards a prescribed person acting in the course of their duties [s 91(2)].

A prescribed person includes a school principal, a director of a preschool, a teacher and any person employed at a school, preschool or children's services centre.

The maximum penalty for these offences is a fine of $7,500.

These offences do not apply to students or children who attend, or employees who work at, the relevant school or service [s 91(3)].

Trespassing

It is an offence to trespass, without reasonable excuse, on any of the premises listed above [s 92], with a maximum penalty of $7,500.

Barring notices

Under s 93 of the Education and Children's Services Act 2019 (SA), a person may be issued a barring notice if it is believed that they:

A barring notice may ban a person from certain education-related premises or prohibit a person from communicating with certain education staff or via certain online platforms [s 93(2)]. It may remain in force for up to 6 months [s 93(8)].

It is an offence to contravene a barring notice, with a maximum penalty of $7,500 [s 93(10)].

A person who has been issued a barring notice which will operate for 2 weeks or more may apply to the Education Minister for a review [s 94]. A review is not available if the barring order has been issued in respect of a non-Government school, non-Government preschool, non-Government approved education and care service or non-Government approved learning program [s 94(5)].

Police and teaching staff are also empowered under s 95 to direct a person to leave or not enter education premises in certain circumstances. It is an offence to remain on or return to premises if issued a direction to leave [see s 95(2)].