Education and Training Act 2020

Subpart 4—Searches and surrender of property

105 Interpretation

(1)

In this subpart, unless the context otherwise requires,—

authorised staff member means a board employee who is authorised by the board to exercise powers under section 106 or 107

harmful item means an item that a teacher or an authorised staff member has reasonable grounds to believe poses an immediate threat to the physical or emotional safety of any person

item includes information stored in electronic form

outer clothing includes (without limitation) any coat, jacket, jumper, or cardigan

rub-down search means a search in which the person conducting the search—

(a)

runs or pats their hand over the body of the person being searched, whether outside or inside the clothing of the person being searched:

(b)

inserts their hand inside any pocket or pouch in the clothing of the person being searched

search, in relation to a student, includes—

(a)

a strip search; and

(b)

a rub-down search

socks does not include tights or stockings

strip search means a search where the person conducting the search requires the person being searched to—

(a)

remove any of the latter person’s clothing other than outer clothing, head covering, gloves, footwear, or socks; or

(b)

raise, lower, or open all or any part of the latter person’s clothing

student includes a person under the supervision of a teacher, whether or not the person is enrolled at the school at which the teacher is employed

teacher means a person employed at a State school in a teaching position.

(2)

An authorisation referred to in the definition of authorised staff member must be in writing and may be subject to conditions.