Weapons and Other Harmful Items – Banning, Searching and Seizing

Policy

The purpose of this policy is to support principal class staff to understand and implement their powers to ban, search for and seize harmful items.

Summary

• Principals have the power to ban items from being brought onto school premises if the principal reasonably believes the item is likely to be used in a threatening, violent or harmful manner.
• Principals, assistant principals and authorised teachers also have the power to search for and seize harmful items.
• Any ban, search or seizure of a harmful item must be conducted in accordance with this policy and associated guidance, available on the Guidance tab.

Details

Principals and assistant principals have the power to ban, search for and seize certain harmful items under the Education and Training Reform Act 2006 (Vic) (the Act) and the Education and Training Reform (School Safety) Regulations 2011 (Vic).

Schools must follow the steps set out in the Guidance tab when considering or taking action in relation to banning, searching for or seizing a harmful item using their powers under the Act.

Harmful items within the banning, searching and seizing powers

Under the Act, a harmful item, for the purpose of the banning, searching and seizing powers, is:

• any item(s) that the principal has declared as a harmful item and banned using their powers under the Act
• any item that is a prohibited item (outlined in legislation covering firearms, controlled and prohibited weapons, such as firearms, ammunition, certain knives, blow guns, studded gloves)
• any item that the principal, assistant principal or authorised teacher reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner

Note: for a list of items that are prohibited items, refer to Prohibited Items — Firearms, Controlled and Prohibited Weapons (Word).

The Guidance tab outlines the process of authorising teachers to search for and seize a harmful item.

Declaring and banning harmful items

A principal may ban items from being brought on to school premises which the principal reasonably believes are likely to be used in a threatening, violent or harmful manner by making a 'declaration of harmful item(s)'.

In making a declaration:

• Principals must state as exempt from any declaration, items which students may legitimately possess (for example, for religious purposes or as a disability aid).
• Principals do not need to explicitly ban prohibited items.

A template 'Declaration of Harmful Item' is available on the Resources tab.

The process of making a 'declaration of harmful item' is useful to address or prevent violent, threatening or harmful behaviour on the school site (that is for known issues or risks of violence or harm). Declaring and banning the harmful item clearly communicates the school’s expectations and provides a deterrent, as the declaration provides a clear basis for searching and seizing the banned item.

However, a declaration of harmful item is not a prerequisite for searching for or seizing any item that the principal, assistant principal or authorised teacher reasonably suspects is being used, or is likely to be used, in a threatening, violent or harmful manner (that is schools always retain the discretion to respond on an ad hoc basis to incidents or risks of violence or harm).

Searching for and seizing harmful items

Principals or their delegates must only search for and seize a harmful item under the Act when it is safe to do so. The seized item must be stored safely in accordance with the instructions on the Guidance tab.

As outlined above, a principal, assistant principal or authorised teacher can search for and seize any item that they reasonably suspect is being used, or is likely to be used, in a threatening, violent or harmful manner, irrespective of whether it has first been declared as harmful and banned.

Where a school activity is taking place and neither the principal nor assistant principal are present, they may authorise a teacher to search and seize the harmful item. The Guidance tab outlines the process of authorising teachers. However, a teacher may refuse to be authorised, for the purpose of searching for and seizing a harmful item.

Other items that may be considered harmful

While principals’ power to ban harmful items may be broadly construed, principals should not utilise their powers to ban, search for and seize certain items under the Act. These items are:

• Cigarettes, e-cigarettes and alcohol – schools should manage this item by asking the student to relinquish the item and, as soon as practicable, return it to the student’s parents. Refer to Alcohol and Other Drug Use — Students for further information.
• Illicit drugs – schools must always contact police as soon as illicit drug possession is identified and ask them to seize the illicit drugs from the student (note: possession of illicit drugs is an offence). Refer to Alcohol and Other Drug — Students for further information.
• Mobile phones – student use of mobile phones at school or school activities must be managed in accordance with the Department’s policy on Mobile Phones — Student Use.

Note: the Act does not limit other powers that school staff have and schools may manage incidents relating to other types of items in accordance with their local school policies and/or practices and any other relevant Department policy. This may include asking the student to hand over the item until end of school day, or contacting Victorian Police as appropriate.

Target shooting in the curriculum

If target shooting is part of the school's curriculum, principals will need to consider what arrangements are in place for the carriage, use and storage of the firearms before, during and after the activity in their planning and risk assessment of the activity.

Principals must also ensure that target shooting activities are conducted in a safe and responsible manner and that participants hold the appropriate licenses to engage in the activity (for example, a person aged between 12 and 18 may be issued a Junior Licence to carry certain categories of weapons but only for the purpose of receiving instruction in the use of firearms or engaging in sport or target shooting competitions).

Principals should consult with the Department's Security and Emergency Management Division about planning for such activities.

Related policies

• Alcohol and Other Drug Use — Students
• Mobile Phones — Student Use

Relevant legislation

• Control of Weapons Act 1990 (Vic)
• Control of Weapons Regulations 2011 (Vic)
• Education and Training Reform Act 2006 (Vic)
• Education and Training Reform (School Safety) Regulations 2011 (Vic)
• Firearms Act 1996 (Vic)

Banning, Searching for and Seizing Harmful Items Guidelines

These Guidelines are intended to assist schools to ban, search for and seize certain prescribed harmful items in accordance with the provisions of the Education and Training Reform Act 2006 (Vic) and Education and Training Reform (School Safety) Regulations 2011 (Vic). They contain the following chapters:

• Harmful items that apply to the banning, searching and seizing powers
• Declaration of harmful items
• Powers to search for and seize harmful items
• Action to be taken after a search and seizure
• Authorisation of Teacher

Harmful items that apply to the banning, searching and seizing powers

Under the Act, a harmful item, for the purpose of the banning, searching for and seizing powers, is:

• any item(s) that the principal has declared as a harmful item and banned under their powers under the Act
• any item that is a 'prohibited item'
• any item that the principal, assistant principal or authorised teacher reasonably suspects is being used or is likely to be used in a threatening, violent or harmful manner

NOTE: For a list of items that are 'prohibited items' refer to Prohibited Items — Firearms, Controlled and Prohibited Weapons, also available under the Resources tab.

Declaration of harmful items

A principal may ban certain items from being brought onto school premises which the principal reasonably believes are likely to be used in a threatening, violent or harmful manner. In banning such items the principal must make a “declaration of harmful items”.

The Template Declaration of Harmful Items has been developed for use in this process.

Considerations for declaring and banning harmful items

When making a declaration of harmful item, consideration must be given to:

1. the nature of the item being declared, for example whether the item has cultural or religious significance or if the item is required to manage a physical disability of a student
2. items commonly found on school property such as pencils, cooking equipment or compasses and the impact that declaring such an item may have on the regular, harmonious functioning of the school community
3. whether the principal reasonably believes that the item is likely to be used in a threatening, violent or harmful manner. In deciding this, consideration should be given to:
   1. the outcome being sought for the safety and wellbeing of students and staff is in proportion to the making of the declaration
   2. past behaviour, threats, and trends among students and the broader community.

Items that a student or students may legitimately possess (for example for religious purposes or as a disability aid) must be stated to be exempt from any declaration.

Declaring harmful items to be banned — examples

Examples of principal declarations of harmful items are:

• Metal rulers are banned from the school premises, except for those students who are enrolled in art classes. Those students may use metal rulers, however the rulers shall be retained by the Art department and distributed to students in class only.
• Students may not bring knives of any type onto the school premises, but a Sikh student may be exempted from this declaration for the purposes of wearing a Kirpan.
• Students are banned from bringing bats or sticks onto the school for two weeks, with an exemption for those students who require an item such as a walking stick to assist with mobility issues.

Procedures for declaring and banning harmful items

The declaration should preferably be published at least 24 hours prior to the declaration coming into effect.

The declaration should be printed in languages reflective of the school community and distributed by the method or methods which are typically used to communicate with the school community.

The declaration must contain the following information:

• that listed items are declared as harmful and as a consequence are banned from the school premises under the conditions set out in the declaration
• type of items being declared harmful
• time/s and day/s which each item is to be declared as harmful
• any other conditions that apply to the declaration, including any exceptions to the ban such as the use of the item in particular classes or under particular circumstances.

Failure to declare an item to be banned from school premises does not in any way prevent a principal from exercising the powers to search for, and/or seize, a harmful item using their powers under the Act.

Items that may be declared banned by a principal

Principals do not need to explicitly ban prohibited items such as daggers, swords, crossbows, flick-knives, ammunition or guns, as such items are controlled under legislation. Principals may however choose to remind the community that such items are not allowed on school premises.

Declarations made by principals must be limited to weapons and other items which the principal reasonably believes are likely to be used in a threatening, violent or harmful manner.

A principal can ban an item or items generally, or for a specified period of time or for specific circumstances. For example, principals may wish to ban the following types of items from schools, either generally, or in specific circumstances:

• metal rulers (other than in specified classes)
• baseball bats (other than during supervised physical education classes)
• glass bottles (other than during designated events taking place after school hours)
• knives (either generally, or those with a serrated edge or knives with a blade longer than 8 cm).

While items which are being used or are likely to be used in a threatening, violent or harmful manner can be broadly construed, principals should not utilise their powers to ban, search and seize the following harmful or potentially harmful items under the Act, and instead should manage these items in accordance with relevant Department policies:

• Cigarettes, alcohol or illicit drugs: refer to Alcohol and Other Drugs — Students
• Mobile phones: refer to Mobile Phones — Student Use.

The Act does not limit other powers that school staff have and schools may manage incidents relating to other types of items in accordance with their local school policies and practices and any other relevant Department policy. This may include asking the student to hand over the item until end of school day, or contacting Victorian Police as appropriate.

Powers to search for and seize harmful items

Searches

Note: for the purpose of this Searches section a reference to 'principal' includes an assistant principal and an authorised teacher.

Considerations prior to conducting a searches

A search cannot be carried out unless:

• the principal reasonably suspects that the search will uncover harmful items and
• the principal reasonably believes that the search can be conducted in a manner that does not unduly threaten the safety of themselves, students or other school staff

When determining whether a search for a harmful item should be carried out, the following factors should also be considered:

• whether it is likely that the harmful item will be used by a student
• the source and veracity of information regarding the presence of a harmful item

Search locations

Where there is a reasonable belief that a search will uncover a harmful item, the principal has the power to search for and seize such an item in the following places:

• any part of the school premises
• any part of another premise that is being occupied by students of the school engaged in a teacher supervised school activity.
• any vehicle while it is being used for the purposes of a teacher supervised student activity
• any bag or other item used by a student for storage that has been brought by the student onto the school premises or to a school activity off school premises

Conducting a search

When conducting a search, the principal may:

• require any locked room, cupboard, locker (including the student’s locker) or other space that is being used for storage on the premises to be unlocked
• require any student to open any bag or other article being used by the student for storage
• ask a student to turn out their pockets
• ask a student to disclose whether or not the student is concealing a harmful item

If a student seeks to obstruct a search, the principal may:

• if the principal believe that there is an immediate threat to the safety, security or wellbeing of a student or staff member, contact Victoria Police
• if the principal believes that there is not an immediate threat to the safety, security or wellbeing of a student or staff member, contact the parent/carer of the student and alert them to the circumstances and require the item not to be brought to school in the future

Note: A principal is not permitted to physically touch or pat down a student to search for a harmful item but may ask a student to turn out his or her pockets, open any bag, locker (where the locker is locked and can only be unlocked by the student) or other item brought to school by the student, and to disclose whether or not a student is in possession of a harmful item. A student who does not comply with a direction to open a bag or locker or to turn out his or her pockets should be subject to school disciplinary procedures. If the principal believes the student is concealing a harmful item, the principal should use his or her discretion as to whether to call Victoria Police.

If a principal reasonably suspects that a search will uncover a firearm, ammunition or a prohibited weapon, the principal must contact Victoria Police and only conduct a search if:

1. the principal reasonably suspects that there is a threat to the safety, security or wellbeing of a student or staff, which in the reasonable opinion of the principal requires immediate action to be taken to reduce that threat, and
2. the search can be carried out in a manner that does not unduly threaten the safety of the principal, student(s) or other school staff, and
3. other reasonable actions have been considered, including the practicality of Victoria Police carrying out the search

Searching a private vehicle

A vehicle may only be searched by a principal if the vehicle is being used for the purposes of a teacher-supervised student activity.

If a principal has a reasonable suspicion that a harmful item is contained in a vehicle being used for the purposes of a teacher-supervised student activity, the principal may:

• ask the owner or driver of the vehicle if there is a harmful item in the vehicle, and
• make a request to search the vehicle, explaining their powers to search and seize harmful items under the Act

If the driver or owner of the vehicle refuses permission:

• the principal may contact Victoria Police to request that it conducts a search of the vehicle, or
• if the principal reasonably suspects that there is a threat to the safety, security or wellbeing of a student or staff member, which requires immediate action to be taken to reduce that threat, the principal should direct the removal of students and staff from harm or danger. A search should then be conducted only if the principal believes that the search can be undertaken safely, and without endangering students, staff or other persons.

The principal’s power under the Act to search a vehicle should be used sensitively, and a search should only conducted if it is impractical for the principal to either remove students from the vehicle or arrange for the vehicle to be searched by police.

Searching other premises

If a principal has a reasonable suspicion that a harmful item is contained on premises being used for the purposes of a teacher-supervised student activity, the principal may:

1. ask the person who owns or is supervising the premises for permission to search the premises
2. if the owner or supervisor of the premises refuses permission for a search:
   1. the principal should contact Victoria Police
   2. if the principal reasonably suspects that there is a threat to the safety, security or wellbeing of a student or staff member, which in the reasonable opinion of the principal requires immediate action to be taken to reduce that threat, the principal is to direct the removal of students and staff from harm or danger
3. if after undertaking actions in subparagraphs (i) and (ii), the principal still believes that a harmful item is contained on the premises, the principal can search the premises.

Any search of public premises must be confined to those areas of the premises wholly or substantially occupied by students under the control of the principal. For example, this may include a locker room at a public swimming pool or a classroom at a zoo or museum.

All searches must be carried out in a manner that does not unduly threaten the safety of the principal, students, or other school staff. If the principal is in doubt as to his or her ability to carry out the search, the matter should be referred to Victoria Police.

In carrying out any search of premises the principal should consider the immediacy of the need to undertake the search and endeavour to mitigate any loss of privacy of others necessitated by carrying out the search.

Seizing harmful items

A principal must not seize a harmful item unless they consider it is safe to do so, having regard to the potential harm to themselves, students, staff or members of the public, that could be reasonably likely to result if item is not seized.

If the harmful item is a firearm or prohibited weapon, the principal must also consider the practicality of a member of the police force carrying out the seizure in a timely manner.

Action to be taken after a search and seizure

Note: for the remainder of this guidance from this section onwards, a reference to a principal no longer includes assistant principal or authorised teacher.

Seizure of firearm, ammunition or prohibited weapon

If a firearm, ammunition or prohibited weapon is seized by a principal, the item must be stored in the following manner until surrendered to Victoria Police:

1. the item is to be stored in a locked strongbox, safe or other secure container in a locked room, and
2. access to the room containing the seized item must only be granted by the principal or assistant principal or
3. if none of the above is practicable in the circumstances, the items must be stored in as safe and secure a manner as possible

The principal must report the seizure of a firearm, ammunition or prohibited weapon to Security Services Unit of Security and Emergency Management Division.

The principal must contact Victoria Police as soon as practicable after seizing a firearm, ammunition or prohibited weapon, and surrender or deal with the item as directed by Victoria Police.

Seizure of an item which is not a firearm or prohibited weapon

As a reminder for the purposes of this section, a harmful item includes an item that has been declared to be a harmful item by a principal or an item which, due to the circumstances, has become a harmful item, e.g. a screwdriver has been used by a student to threaten another student and / or teacher.

The principal must notify Incident Support and Operations Centre (ISOC) immediately to report the seizure of certain items, and then contact Victoria Police — refer to Reporting and Managing School Incidents (including emergencies).

As a general guide, seizure of the following items should be reported to ISOC and Victoria Police as soon as practicable:

1. any knife, dagger, sword or serrated blade, or
2. any item that is used in an attack or threatened attack against another person, or
3. any 'controlled weapon'

The seized item is required to be stored in a safe and secure manner, such as a locked cupboard, with access permitted only by the principal.

If the item has been seized while on a teacher-supervised activity, the item is to be stored securely and safely by the individual who seized the item.

Any seized item is to be retained by the principal until the principal is satisfied that there is no longer a threat to the safety, security or wellbeing of any person or property. This is a significant discretion, and the principal can retain the item until he or she reasonably believes that there is no longer a threat from returning it. Such discretion could last for an hour, a day, a week or longer, provided that the principal reasonably believes that the threat of danger continues to exist.

When determining the degree of threat to the safety, security or wellbeing of any person, the following considerations are to be taken into account:

1. the nature of any threat to use the harmful item
2. the nature of the harmful item
3. the likelihood of any students using a harmful item to threaten the safety, security or wellbeing of any person, and
4. any other circumstances relating to the item or incidents related to the item that may be relevant

Once the principal is reasonably satisfied that there is no longer a threat to the safety, security or wellbeing of any person or property, a seized item should be returned in the following manner:

1. the item is to be returned to a parent or carer of the owner of the item
2. where the child is an independent student it may not be appropriate to make the property available for collection by the student’s parents/carers and the property should be returned to the student
3. the property made available for collection should be in the same condition as when the property was seized
4. if the owner of the item is unknown, reasonable steps should be made to ascertain the owner. After reasonable steps have been taken and the owner is still unknown or in dispute the item should be disposed of at the discretion of the Principal or as directed by Victoria Police

An item that it is illegal to possess, threatens the safety or wellbeing of students or staff, or that the principal reasonably suspects to have been used to commit a crime, should not be made available for collection by a student or the student’s parent/carer. In such circumstances the principal must notify Victoria Police of the seizure of the property, and:

1. if Victoria Police state that they will come to the school to investigate matters relating to the property, the property must not be returned to the owner or their parent/carer until they do so, or
2. if Victoria Police seize the property, the property need not be made available by the school for collection

If Victoria Police decide not to seize the property, and the principal reasonably believes that the return of the item does not pose a continuing threat to the safety or wellbeing of students or staff, the item must be made available for collection by the owner or parent/carer of the owner.

Authorisation of teacher

A teacher can be authorised to conduct a search and/or seize in the following circumstances:

1. when a teacher-supervised activity is taking place (either on or off school premises), and
2. the principal or assistant principal is not or will not be present to undertake a search

A teacher can refuse to become an authorised teacher for the purposes of these provisions.

Information about the authorisation of teachers may be made available to parents or carers of students, although the absence of such a notification does not deem the authorisation of a teacher invalid.

Authorisation of a teacher or teachers by the principal can be made verbally or in writing, and can be made at any time.

Authorisation of a teacher — examples

Example 1

A principal decides to authorise all year-level coordinators, and home-room teachers to conduct searches and seizures of harmful items throughout the school year. The principal discusses this at the first staff meeting of the year, and all nominated teachers agree to this authorisation with one exception

Example 2

A teacher at a school athletics day becomes suspicious that a student is carrying a harmful item after overhearing a conversation. The teacher phones the principal, who immediately authorises the teacher to search for, and seize, a harmful item

Resources

The following resources are available to support schools to implement the Weapons — Banning, Searching and Seizing policy and guidelines.

• Prohibited Items — Firearms, Controlled and Prohibited Weapons (Word) — a detailed list of items that are prohibited under law.
• Template Declaration of Harmful Items (Word) — a template for principals to use when making a declaration of harmful item.