Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
96 New sections 139AB to 139AE inserted

After section 139A, insert:

139AB No seclusion at or on behalf of registered school or early childhood service

(1)

A person to whom this section applies must not seclude any student or child who is enrolled at or attending a registered school or an early childhood service.

(2)

This section applies to a teacher or any other person who is—

(a)

employed by a board; or

(b)

employed by the managers of a school registered under section 35A; or

(c)

employed by the sponsor of a partnership school kura hourua; or

(d)

employed or engaged by the service provider of an early childhood service; or

(e)

providing education or care to children attending an early childhood service; or

(f)

supervising or controlling any student or child on behalf of—

(i)

a board; or

(ii)

the managers of a school registered under section 35A; or

(iii)

the sponsor of a partnership school kura hourua; or

(iv)

the service provider of an early childhood service.

(3)

In this section,—

early childhood service has the meaning given to it by section 309

seclude, in relation to a student or child, means to place the student or child involuntarily alone in a room from which he or she cannot freely exit or from which the student or child believes that he or she cannot freely exit

service provider has the meaning given to it by section 309.

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)

the sponsor of a partnership school kura hourua

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.

139AD Rules on physical restraint

(1)

The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, teachers, and authorised staff members in relation to physical restraint.

(2)

The rules must include—

(a)

requirements to keep written records on the use of physical restraint, including requirements to notify, monitor, and report on the use of physical restraint; and

(b)

a procedure for authorising staff members to use physical restraint in accordance with section 139AC.

(3)

Rules made under this section are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

139AE Guidelines on physical restraint

(1)

The Secretary must, by notice in the Gazette, issue guidelines on the use of physical restraint in registered schools.

(2)

The guidelines must include—

(a)

best practice examples for the use of physical restraint; and

(b)

other examples of best practice in behaviour management.

(3)

Employers, principals, teachers, and authorised staff members must have regard to the guidelines.