Education and Training Act 2020

If you need more information about this Act, please contact the administering agency: Ministry of Education
100 Rules on use of physical restraint at registered schools

(1)

The Secretary must make rules prescribing the practice and procedure to be followed by employers, principals, persons holding a teaching position, and authorised staff members relating to the use of physical restraint at registered schools.

(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 99.

(3)

When developing rules under this section, the Secretary must make reasonable efforts to consult—

(a)

children and young people, in particular those who are Māori and those with disabilities or learning support needs:

(b)

parents, whānau, and caregivers:

(c)

national bodies representing the interests of—

(i)

teachers:

(ii)

principals:

(iii)

governing bodies of schools:

(iv)

parents:

(v)

the disability community.

(4)

Rules under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: 1989 No 80 s 139AD

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationIt is not required to be publishedLA19 s 73(2)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 100(1): amended, on 16 December 2021, by section 6 of the Education and Training Amendment Act 2021 (2021 No 58).

Section 100(4): replaced, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).