NSW NSW Teachers Rights Towards Students

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Toqual

Well-Known Member
10 July 2014
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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.
 

John R

Well-Known Member
14 April 2014
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Sydney
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.

Firstly, are teachers allowed to confiscate items any items (e.g. phones) off students - if not posing any risk to other students or teacher?
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.

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

I feel that the conventional superiority which teachers have above students is resulting in the disregarding of their rights.
Unfortunately, students must comply with the policies set out by their school. Fortunately, school, like most things, is not forever.

Hope this helps.
 

Toqual

Well-Known Member
10 July 2014
130
9
414
Cheers @John R . On LawStuff I found quite contradicting statements.

Can the school confiscate personal property without my consent?
Teachers cannot take any of your personal property from you unless you agree. They cannot force you to hand over non-uniform clothing or jewellery. But teachers do have authority to control and manage the classroom, and you may be disciplined if you do not agree. If you do agree to hand it to a teacher, it should be returned to you at the end of the school day.
 

John R

Well-Known Member
14 April 2014
689
174
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Sydney
Hi @Toqual,
I wouldn't say LawStuff is contradictory - I agree with their statement.
 

Toqual

Well-Known Member
10 July 2014
130
9
414
"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?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
I feel that the conventional superiority which teachers have above students is resulting in the disregarding of their rights. I strongly appreciate any answers.
  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.
 
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AllForHer

Well-Known Member
23 July 2014
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Just a heads up, Toqual, I don't like pickles on my cheeseburger, cheers. :)