Weapons and Other Harmful Items – Banning, Searching and Seizing: Powers to search for and seize harmful items | VIC.GOV.AU

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:

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
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
other reasonable actions have been considered, including the practicality of Victoria Police carrying out the search

The principal is informed by Student A that Student X intends to assault Student B with a screwdriver during lunchtime. Student X is in class, away from his/her locker.

The principal considers the practicality of contacting police to conduct the search, but as the item is not a firearm or prohibited weapon and the likelihood of an assault occurring is high, action is required on the part of the principal.

The principal forms a reasonable suspicion that Student X has a harmful item in his/her possession, and instructs staff to assist in opening Student X’s locker. The search does not uncover a harmful item, and the principal decides to wait until the current class ends before requesting that Student X opens his/her bag. Student X complies, the search of the bag is carried out and a screwdriver is found.

The principal determines that it is safe for him/her to seize the screwdriver, having considered Student X’s demeanour and the nature of the harmful item. The principal seizes the screwdriver, secures it in his/her office, and cautions Student X on his/her behaviour.

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.

Students at School A are travelling to an official teacher-supervised school camp. The students are under the direct supervision of the school. Fifteen students are in a minibus, but the remaining three (including Student Q) are being transported in a car owned and driven by a parent. The parent has agreed to form part of the 'camp staff' and the school has approved this arrangement.

The principal has received information from a student that Student Q intends to assault Student R with a harmful item during the excursion, and calls the teacher supervising the camp to notify him/her of this threat, and to authorise him/her to conduct a search and/or seizure under the Act. When the convoy stops en route to the camp, the teacher explains their search and seize powers under the Act and as a courtesy, asks to search the parent’s car, explaining they have cause to believe a harmful item may have been stored there by a student.

The parent does not consent to the search. The teacher considers whether the search can be carried out in a manner that does not unduly threaten the safety of the teacher, students, staff or the public. The teacher should first remove the students from any danger. The teacher considers contacting Victoria Police, but due to their remote location, determines this is impractical. Due to the nature of the harmful item and the immediate threat to other students, the teacher decides that the search needs to occur, informs the parent of this decision, and reassures the parent that the search will be confined to the student’s bag. The teacher can only perform this search if the information provided by the principal led to the reasonable suspicion that such a search would uncover a harmful item.

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.
A parent drops his/her child, and another student, at the local swimming pool for a school sports day. The parent is neither taking part in the supervision of the sports day nor has he or she discussed any official or unofficial involvement in such supervision with the school.

Upon dropping the children at the event, a teacher notices that the parent appears to have a machete in the boot of his/her car.

As the parent is not taking part in a teacher-supervised school activity, the teacher does not have the power to search the vehicle under the Act. If the teacher is concerned by the presence of the item in the car, he or she may call police, in the same way that any other member of the public is free to contact the police in such circumstances.
The principal is told by a teacher that Student A, who is en route to a camp, has a knife in his possession or backpack.

The principal informs the teacher in charge of the camp and the teachers on the bus, and authorises them to conduct a search of the bus taking the students to the camp.

When the students arrive at the camp, the teachers quickly isolate the students from the bus in a safe area. A teacher then searches Student A’s bag and the area inside the bus where Student A was sitting. The teacher discovers the knife in a seat pocket, the teacher seizes the knife and secures it in a locked room. The teachers contact Student A’s parents and request that the student be collected from the camp.

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:

ask the person who owns or is supervising the premises for permission to search the premises
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
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.

Updated 27 May 2020