Education (General Provisions) Regulation 2017

This regulation may be cited as the Education (General Provisions) Regulation 2017.

This regulation commences on 1 September 2017.

The dictionary in schedule 6 defines particular words used in this regulation.

The person in charge of a State instructional institution is its principal.

The principal must manage the institution in a way that—

ensures effective, efficient and appropriate management of public resources; and

promotes a caring, safe and supportive learning environment; and

supports and monitors the academic progress of all students of the institution.

Without limiting subsection (2), the principal must—

promote educational practices at the institution that lead to the improvement of student learning outcomes; and

provide for the effective administration of matters relating to the students of the institution; and

promote organisational and staffing structures at the institution that encourage each staff member of the institution to become, and continue to be, skilled, confident and responsible in performing his or her role as the staff member; and

promote continuous evaluation and improvement of the institution’s operations and delivery of services; and

ensure the students of the school are effectively supervised; and

while the students of the school are under the principal’s care and control, take reasonable steps to ensure—

the required standard of behaviour of the students is clearly defined; and

the standard of behaviour of the students is monitored.

The principal of a State instructional institution must—

allocate and supervise the work of each staff member of the institution; and

promptly report to the chief executive, in writing, known or suspected misconduct by a staff member of the institution; and

encourage teachers of the institution to use appropriate teaching techniques.

The principal of a State instructional institution may require a staff member of the institution to work, on a school day, outside the period allocated by the principal for instruction at the institution on the day, if the principal considers it necessary and reasonable in the circumstances.

Without limiting subsection (1), the principal may require the staff member—

to attend a staff meeting, on a school day, outside that period; and

if the staff member is a teacher or teacher aide—to supervise the activities of students of the institution.

A teacher at a State instructional institution must—

perform the duties allocated to the teacher by the institution’s principal; and

take an active interest in extracurricular activities at the institution; and

engage in professional development activities.

If the principal of a State instructional institution is absent from the institution, 1 of the following persons must assume the functions and responsibilities of the principal during the principal’s absence, until otherwise directed by the chief executive—

a deputy principal of the institution;

if the principal or the principal’s supervisor nominates another staff member of the institution to assume the functions and responsibilities—the other staff member.

The chief executive may give a direction or guideline to a principal, teacher or other person about a function or power given to the principal, teacher or other person under this regulation.

The principal, teacher or other person must comply with the direction or guideline.

In this division—

staff member, of a State school, means anyone employed by the department at the school.

The principal or a staff member of a State school may remove from a student at the school any property in the student’s possession if the principal or staff member is satisfied the removal is necessary—

to promote the caring, safe and supportive learning environment of the school; or

to maintain and foster mutual respect between staff members and students at the school; or

to encourage all students attending the school to take responsibility for their own behaviour and the consequences of their actions; or

to provide for the effective administration of matters relating to students of the school.

Under subsection (1), the property may, for example, be removed from a student to ensure compliance with—

a policy or procedure for school discipline made under section 276 of the Act; or

a direction or guideline given by the chief executive under the Act; or

a policy approved, and implemented, by the chief executive under the Act.

The principal or staff member must, within a reasonable time after the property was removed from the student, make the property available for collection by—

the student; or

a parent of the student, if—

the student is a child; and

the principal considers it would be appropriate to make the property available for collection only by the parent considering—

the condition, nature and value of the property; and

the safety of the student, other students of the school and staff members of the school; and

the good management, administration and control of the school.

Subsection (1)(b) does not apply if the principal is satisfied it would be inappropriate in the circumstances to make the property available for collection by a parent of the student.

Example—

It may be inappropriate for the property to be made available for collection by a parent of the student if the student is living independently of his or her parents.

The principal or other staff member is not required to make the property available for collection under subsection (1) if—

a police officer has seized the property under the Police Powers and Responsibilities Act 2000; or

a police officer has indicated to a staff member of the school that a police officer will come to the school to investigate matters relating to the property, but no police officer has done so; or

the principal or other staff member knows, or suspects, the student is not the owner of the property; or

the principal or other staff member has made reasonable efforts to notify the student or a parent of the student that the property is available for collection, and has not been able to contact the student or a parent.

If the principal or staff member knows, or suspects, the student is not the owner of the property, the principal or staff member must make reasonable efforts to return the property to the owner.

In deciding what is a reasonable time for subsection (1), the student or staff member must consider—

the condition, nature and value of the property; and

the circumstances in which the property was removed from the student; and

the safety of the student, other students of the school and staff members of the school; and

the good management, administration and control of the school.

The principal or other staff member must take reasonable care to ensure that property made available for collection under subsection (1) is in the same condition as it was in when the property was removed from the student.