Part 8 (sections 90-95) of the Education and Children's Services Act 2019 (SA) outlines protections for teachers, staff and students at schools, preschools, children's services centres, approved education and care services and prescribed departmental premises.
Offensive or Threatening Behaviour
A person who behaves in an offensive or threatening manner on prescribed premises is guilty of an offence [s 91(1)].
Maximum penalty: $2 500.
Prescribed premises include:
A person who either:
is guilty of an offence [s 91(2)].
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:
Trespassing
A person who, without reasonable excuse, trespasses on prescribed premises is guilty of an offence [s 92].
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 [s 93(6)].
Maximum penalty: $2 500.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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