LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW NSW Teachers Rights Towards Students

Discussion in 'Other/General Law Forum' started by Toqual, 30 July 2014.

Tags:
  1. Toqual

    Toqual Well-Known Member

    Joined:
    10 July 2014
    Messages:
    130
    Likes Received:
    9
    Firstly, are teachers allowed to confiscate items any items (e.g. phones) off students - if not posing any risk to other students or teacher? Please make reference to legislation.

    Secondly, if a teacher demands the confiscated item and the student does not give them the item, wouldn't punishing the student for 'disobedience' ultimately be punishment for the child exercising their rights? And wouldn't this be illegal? Please make reference to legislation.

    I feel that the conventional superiority which teachers have above students is resulting in the disregarding of their rights. I strongly appreciate any answers.
     
  2. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi @Toqual,
    The Education Act 1990 (NSW) is the primary legislation dealing with schools in NSW.
    Section 35 of the Education Act enables the Education Minister to prepare guidelines that government schools can adopt to control and regulate student discipline. Discipline arguably includes the confiscation of unauthorised devices on school property.
    On behalf of the Education Minister, the Department of Education and Training (DET) makes available student policies for schools in NSW.
    If you have any questions in relation to DET policies, you should contact DET's Schools and Community Senior Information Officer on (02) 9561 8999.
    If you have any questions in relation to a school's specific policies (government or non-government), you should contact the school principal.

    Yes, but this specific example is not in legislation. It is based on school policy that can be created and enforced by a school (overseen by a principal) under the Education Act.

    A student at a school must comply with the school's policies.

    Unfortunately, students must comply with the policies set out by their school. Fortunately, school, like most things, is not forever.

    Hope this helps.
     
  3. Toqual

    Toqual Well-Known Member

    Joined:
    10 July 2014
    Messages:
    130
    Likes Received:
    9
    Cheers @John R . On LawStuff I found quite contradicting statements.

     
  4. John R

    John R Well-Known Member

    Joined:
    14 April 2014
    Messages:
    637
    Likes Received:
    165
    Hi @Toqual,
    I wouldn't say LawStuff is contradictory - I agree with their statement.
     
  5. Toqual

    Toqual Well-Known Member

    Joined:
    10 July 2014
    Messages:
    130
    Likes Received:
    9
    "Teachers cannot take any of your personal property from you unless you agree." So basically, they cannot confiscate students property without consent, and if the consent isn't given, they're liable to punishment? Ultimately, they're liable to punishment for exercising their rights?
     
  6. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,719
    Likes Received:
    402
    1. I do not accept the premise that you have the kind of rights you are talking about.

    2. I am comfortable with the idea that a classroom teacher has an inherent authority to manage a classroom (or
      any other place within a school of which they may from time to time have charge, such as a library, a gym, or a playground).
      I would argue that such powers arise at common law as a consequence of a teacher's undoubted duties
      in respect of the safety and well being children, and because it would be absurd generally for it to be otherwise.

    3. I am likewise of the view that any mythical "students' right(s)" (if such a thing could be said to even exist)
      are subordinate to item 2 above.

    4. I am of the view that Items (2) and (3) above are particularly the case if the conduct of a student is likely to
      disrupt the reasonable management of the classroom.

    5. If you must persist with ill-founded doubt, then consider this:
      At the very, very least, a teacher has a duty to their students to prevent a student from behaving
      in a way that might impinge on the human right to education of the other students,
      and/or a similar duty to, where possible, prevent a student from committing an offence
      (such as making unauthorised recordings in a classroom, or using a phone camera in appropriately).

    6. If taking custody of property is a necessary to give effect to the above, then I am quite confident that
      a teacher's power to do so exists.
     
    John R likes this.
  7. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Just a heads up, Toqual, I don't like pickles on my cheeseburger, cheers. :)
     

Share This Page

Loading...