Education and Training Act 2020

99 Limits on use of physical restraint at registered schools

(1)

A teacher or authorised staff member at a registered school must not physically restrain a student unless the conditions set out in subsection (2) are met.

(2)

The conditions are that—

(a)

the physical restraint is necessary to prevent imminent harm to the student or another person; and

(b)

the teacher or authorised staff member reasonably believes that there is no other option available in the circumstances to prevent the harm; and

(c)

the physical restraint is reasonable and proportionate in the circumstances.

(3)

In subsection (2), harm means harm to the health, safety, or well-being of the student or another person, including any significant emotional distress suffered by the student or the other person.

(4)

For the purposes of this section and sections 100 and 101,—

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

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 against the student’s will.

(5)

Nothing in this section limits or affects section 98.

Compare: 1989 No 80 s 139AC