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School Discipline

A teacher's relationship with a student is based on the common law doctrine 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 their duties in relation to the child. Education and care providers must also adhere to legislated child safe environment requirements. Schools have a duty of care and supervision to children and young people attending the school, which includes taking reasonable steps to protect students from harm or injury (including harm caused by other students). Schools are required to respond to all behaviours of concern, including behaviour that takes place outside school hours or off school grounds, where there is a reasonable connection between the behaviour and the school, or school relationships. This can include online behaviour towards another student that occurs out of school hours (for example, cyber-bullying).

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 Department for Education's Behaviour Support Policy applies to all South Australian public schools, early childhood and care settings. The policy outlines how staff will support safe and positive behaviour for children and young people in these settings. 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]. Suspension and exclusion responses should only used as a last resort to support safe and positive behaviour, or when other responses are not enough to help the student to behave safely and positively.

Non-government schools (also known as 'private' or 'independent' schools) develop their own behavioural management and discipline policies that suit the needs and culture of their school, and the community they serve. Non-government schools must still comply with relevant sections of the Education and Children's Services Act 2019 (SA) and child protection legislation.

Physical punishment

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 may be charged with assault under s 20 of the Criminal Law Consolidation Act 1935 (SA).

Teachers may 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: Wed Dec 22nd 2021
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.