139AC Limits on use of physical restraint in schools

(1)

A teacher or authorised staff member must not physically restrain a student unless—

(a)

the teacher or staff member reasonably believes that the safety of the student or of any other person is at serious and imminent risk; and

(b)

the physical restraint is reasonable and proportionate in the circumstances.

(2)

In this section and in sections 139AD and 139AE,—

authorised staff member means an employee of a registered school who is authorised by the employer to use physical restraint in accordance with this section

employer means—

(a)

a board:

(b)

the managers of a school registered under section 35A

(c)
[Repealed]

physically restrain, in relation to a student, means to use physical force to prevent, restrict, or subdue the movement of the student’s body or part of the student’s body

teacher means a person who holds a teaching position (as defined in section 348) at a registered school.

Section 139AC: inserted, on 19 May 2017, by section 96 of the Education (Update) Amendment Act 2017 (2017 No 20).

Section 139AC(2) employer paragraph (c): repealed, on 24 October 2018, by section 22 of the Education Amendment Act 2018 (2018 No 40).