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School Discipline

A teacher's relationship with a student is based on the fact that, while the child is at school, the teacher is in loco parentis (that is, the teacher takes over the role of the parents) and is entitled to use the parents' authority to carry out his or her duties in relation to the child.

In government schools a teacher's right to discipline a pupil is governed by the Education and Children's Services Act 2019 (SA) and the regulations made under the Act, which give school principals the authority to impose controls on the behaviour of students and to apply penalties for breaches of school rules.

The principal of a government school has broad powers to suspend, exclude or expel a student who has, for example, threatened or perpetrated violence; or has acted in a manner that threatens the safety or well being of other persons at the school or has acted illegally, or has acted in a manner that threatens the good order of the school [Education and Children's Services Act 2019 (SA) ss 76-81]. Physical punishment was phased out of government schools in 1991 and can no longer be administered. This now applies to all schools (including non-government schools) and if physical punishment occurs, the perpetrator could be charged with assault under the Criminal Law Consolidation Act 1935 (SA) [see s 32(3)]. However, teachers can detain students during their lunch break and after school hours [Education and Children's Services Regulations 2020 (SA) reg 28(4)].

School Discipline  :  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.