Strengthening protections for teachers, education staff and communities

Consultation has concluded

We want your feedback on proposed changes to the law to strengthen protections for teachers and education staff in our state.

What's being decided?

Principals, preschool directors, teachers and other education staff are being subjected to an increasing level of offensive, threatening and harassing behaviour, including online. This behaviour can also impact the safety and wellbeing of children, students and their families, and disrupts the learning and working environment.

We are seeking to change the law to give site leaders broader powers to protect their education communities from this kind of behaviour, and we would like your feedback on the proposed changes.

The Explanatory Guide provides further information on both the protections that are available at the moment, and the changes that are being proposed. An overview of the changes is set out in the Table of Amendments.

Background

The Education and Children’s Services Act 2019 (Act) already includes a range of measures to protect teachers, other staff, children and students in government and non-government schools, preschools, children’s services centres and approved education and care services, and other premises occupied by the Department for Education (such as corporate offices).

It creates offences in relation to offensive or threatening behaviour and trespass at schools, preschools and services, and provides for a person to be directed away from premises, restrained, removed or prevented from entering premises, and to be barred from premises for up to 3 months in specified circumstances.

However, despite these protections, there is evidence of an increasing level of offensive and threatening behaviour towards principals, preschool directors, teachers and other education staff, including online. Children, students and their families can also be impacted by this behaviour.

The draft Education and Children's Services (Barring Notices and Other Protections) Amendment Bill 2024 would amend the Act to strengthen the existing measures and make sure that they will work to protect education staff working in a contemporary education environment.

In particular, the Bill would allow site leaders (including school principals and preschool directors) to bar someone from their site if they consider that the person:

  • poses a risk to the safety or wellbeing of anyone associated with the school, preschool or children's service while they are at the site, or while at any other place being used by the school, preschool or children's service for an activity (such as at an athletics or swimming carnival or school camp), or while travelling between these places
  • poses a risk of causing significant disruption to the learning or working environment at the school, preschool or children's service
  • has engaged in ‘vexatious communications’ with or about a member of the staff of the school, preschool or children's service.

It would also give site leaders the option to bar a person from:

  • coming within 10 metres of the boundary of the school, preschool or children's service, or any other place being used by the school, preschool or children's service for an activity (such as a camp or excursion)
  • communicating with any member of the staff at any location, except where expressly permitted
  • communicating on any online platforms controlled by the school, preschool or children's service.

The Bill would allow site leaders to bar someone for longer (6 months, up from 3 months) and would increase the penalties for relevant offences under the Act from $2,500 to $7,500.

Your feedback on these proposed changes will be important in finalising the Bill before it’s introduced to Parliament.

Get involved

Find out more:

Have your say by:

  • completing the survey
  • sending your written submission to edlawreform@sa.gov.au by close of business, 15 October 2024, including your contact details such as name, address, telephone number and email.

What are the next steps?

We will consider your feedback and provide a report to the Minister for Education, Training and Skills before the draft Bill is finalised for consideration in Parliament.

We will publish a consultation report on this page showing what we heard.

We want your feedback on proposed changes to the law to strengthen protections for teachers and education staff in our state.

What's being decided?

Principals, preschool directors, teachers and other education staff are being subjected to an increasing level of offensive, threatening and harassing behaviour, including online. This behaviour can also impact the safety and wellbeing of children, students and their families, and disrupts the learning and working environment.

We are seeking to change the law to give site leaders broader powers to protect their education communities from this kind of behaviour, and we would like your feedback on the proposed changes.

The Explanatory Guide provides further information on both the protections that are available at the moment, and the changes that are being proposed. An overview of the changes is set out in the Table of Amendments.

Background

The Education and Children’s Services Act 2019 (Act) already includes a range of measures to protect teachers, other staff, children and students in government and non-government schools, preschools, children’s services centres and approved education and care services, and other premises occupied by the Department for Education (such as corporate offices).

It creates offences in relation to offensive or threatening behaviour and trespass at schools, preschools and services, and provides for a person to be directed away from premises, restrained, removed or prevented from entering premises, and to be barred from premises for up to 3 months in specified circumstances.

However, despite these protections, there is evidence of an increasing level of offensive and threatening behaviour towards principals, preschool directors, teachers and other education staff, including online. Children, students and their families can also be impacted by this behaviour.

The draft Education and Children's Services (Barring Notices and Other Protections) Amendment Bill 2024 would amend the Act to strengthen the existing measures and make sure that they will work to protect education staff working in a contemporary education environment.

In particular, the Bill would allow site leaders (including school principals and preschool directors) to bar someone from their site if they consider that the person:

  • poses a risk to the safety or wellbeing of anyone associated with the school, preschool or children's service while they are at the site, or while at any other place being used by the school, preschool or children's service for an activity (such as at an athletics or swimming carnival or school camp), or while travelling between these places
  • poses a risk of causing significant disruption to the learning or working environment at the school, preschool or children's service
  • has engaged in ‘vexatious communications’ with or about a member of the staff of the school, preschool or children's service.

It would also give site leaders the option to bar a person from:

  • coming within 10 metres of the boundary of the school, preschool or children's service, or any other place being used by the school, preschool or children's service for an activity (such as a camp or excursion)
  • communicating with any member of the staff at any location, except where expressly permitted
  • communicating on any online platforms controlled by the school, preschool or children's service.

The Bill would allow site leaders to bar someone for longer (6 months, up from 3 months) and would increase the penalties for relevant offences under the Act from $2,500 to $7,500.

Your feedback on these proposed changes will be important in finalising the Bill before it’s introduced to Parliament.

Get involved

Find out more:

Have your say by:

  • completing the survey
  • sending your written submission to edlawreform@sa.gov.au by close of business, 15 October 2024, including your contact details such as name, address, telephone number and email.

What are the next steps?

We will consider your feedback and provide a report to the Minister for Education, Training and Skills before the draft Bill is finalised for consideration in Parliament.

We will publish a consultation report on this page showing what we heard.

  • Strengthening protections for teachers, education staff and communities

    Thank you for taking the time to provide feedback on the draft amendments to the Education and Children’s Services Act 2019. 

    This survey asks for your views about some of the specific changes proposed in the draft Bill. We recommend reading the Explanatory Guide and the draft Bill before you answer the questions. The Table of Amendments also provides a brief overview of what is changing, and why. 

    The survey will take approximately 10 minutes to complete. You can skip a question if you do not want to answer it. 

    All responses will be considered as part of this consultation. 

    Consultation has concluded