NSW Can School Charge You for Lost Property?

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frog lord

Member
15 August 2017
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Hello.

Can a school go around picking up your lost property then charge money for you to get it back and then make you stay at school for an hour after school picking up rubbish if you don't pay the money?
 

sammy01

Well-Known Member
27 September 2015
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Is it a private school? What is the 'lost property'?

Look this seems weird, is there more to the story?
 

sammy01

Well-Known Member
27 September 2015
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OK so what did you lose?

My thoughts? There is more going on here, there are two sides to every story. But lets pretend... You lose your bag, it gets picked up.... They tell you that either you give them $20 or pick up rubbish for the afternoon. You refuse... All good so far, but you want your bag back.

I'd write a very nice letter to the principle.

Dear principle,

Can you please return my bag? I would also like to see the school policy that states that the school is entitled to take student's possessions and refuse to return them until a fee has been paid or unpaid child labor is undertaken. In the event that no such policy exists, can you please ensure this practice stops?

Dear principle.

This is a private school (Christian?). Does this school really want to be teaching its students that extortion is acceptable? Or should the school be teaching charity?

Kind regards,


Go on dare ya. But ask mum or dad's permission first because you're starting a fight that you'll lose... But hey, there is a perfectly good public school down the road right?

BTW is this just a hypothetical? Did you actually lose anything? Or is this just a complaint due to the principal of the idea that they can charge? Has it actually happened? If it has, upon paying the fine, did they provide a receipt? If not, makes for an interesting tax conversation. Where does the $$$ go if no receipt is provided?
 

Iamthelaw

Well-Known Member
13 September 2016
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Ideally more information would be required but from what you've briefly described - They don't have the right to demand money for you to recover your own property. Property that is 'lost' still technically 'belongs' to you; there's probably even some merit in saying that what they're doing is unlawful.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Ideally more information would be required but from what you've briefly described - They don't have the right to demand money for you to recover your own property. Property that is 'lost' still technically 'belongs' to you; there's probably even some merit in saying that what they're doing is unlawful.
Going only by what you have said above, missing facts missing,
and with any unstated ifs, buts, maybes and exceptions not allowed for,
I am inclined to share @Iamthelaw's view that what they are doing may not actually be lawful.

When talking about retaining people's property,
there's actually a legal thing (a tort, a so-called "civil wrong") called "detinue",
which (in grossly simplified terms) is ye olde style lawyer-speak for
"unlawfully keeping somebody else's stuff after they ask for it back".

As for the demanding money thing,,, as my teenagers would say, "I cannot even!"
While it might be different for lost school property, such as a school supplied cricket bat or somesuch,
I cannot imagine a circumstance where such a thing could be lawful in respect of one's own property.
 

Clancy

Well-Known Member
6 April 2016
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The more exclusive and sort after the school, the more arrogant are the rules. This is an aspect of the law of supply and demand, when your product is less popular, the customer is always right. When your product is in high demand, screw the customer I will do whatever I want!

That does not necessarily mean it is legal though, as pointed out by others already.