The Department of Education, Training and Employment is committed to taking all reasonable steps to provide a safe environment for staff, volunteers, students, parents and visitors at State educational institutions. Section 5 of the
Education (General Provisions) Regulation 2006 (Qld) makes a principal responsible for the safety and overall management of state instructional institutions.
This includes events such as wilful disturbance, trespassers, distribution of non-education documents, and also processes for obtaining information from the person/s and giving directions to the person/s regarding their conduct or movement at the school.
At all times, proportionate and graduated responses should be applied when managing difficult or dangerous situations, ensuring adherence to laws, and always acting reasonably and dispassionately. It is important to ensure, before exercising one of the below powers, that the person concerned is not an exempt person.
Queensland Police should be contacted immediately if the behaviour of a person is of a serious nature, such as if there is a threat of physical danger, and request the police to remove the person from the school in accordance with police powers. In some circumstances, and only when necessary, physical intervention may be required if there is a genuine threat to a safe school environment (see
Chief Executive’s Guideline: No.01/2012)
If a form is required to be given to a person (see sections 337, 340 of the EGPA) the form may be given by:
A copy of the signed form must be kept as an official record and for evidentiary purposes
A number of checks and balances have been included in the EGPA to minimise misapplication of the powers such as appeal and review options relative to each section.
Under the EGPA, Principals may complain to the Queensland Police Service and/or exercise one of the below powers (ensuring the person/s is not an exempt person for the section) where:
Dealing with wilful disturbance (s.333 EGPA) Note: students are exempt
Dealing with trespassers (s.334 EGPA)
Dealing with distribution of non-education documents (s 67 EGPR)
Giving a s.336 EGPA direction (requirement to state name and residential address)
Giving a s.337 EGPA direction (30 day ‘good behaviour’ direction)
Giving a s.339 EGPA direction (24 hour prohibition from school premises)
Giving a s.340 EGPA direction (60 day prohibition from school premises)
Asking for a s.341 EGPA direction to be made (prohibition from school premises for more than 60 days, but not more than 12 months)
Asking for a s.352 or 353 EGPA Order to be applied for (12 Month prohibition from all state and non-state school premises)
Director-General or delegate:
Non-education document means a document other than a document used in delivering an educational program to students of the institution.
Premises of a State educational institution means the building and/or lands that make up a state educational institution.
State educational institution means an educational institution established under section 13,14 or 15 of the EGPA, and includes State primary, secondary and special schools, environmental education centres and outdoor education centres, centres for the support and development of teachers and officers of the department, student hostels or student residential colleges.
State instructional institution means an educational institution established under sections 13 or 14 of the EGPA and includes State primary, secondary and special schools, environmental education centres and outdoor education centres.
Exempt person for the purposes of s.333 of the EGPA, means a person who was at the relevant time a student of the relevant State educational institution. For the purposes of sections 336, 337, 339-341, 352-353 of the EGPA, it means a student or pre-prep child of or an employee of the department engaged to perform work at the relevant State instructional institution premises.
DETE employees, please contact:
In the first instance contact a Principal Advisor at the Regional Office.
For legal assistance, contact the Legal and Administrative Law Branch on (07) 3404 9330 or by email at
Persons subject to action in accordance with this procedure should obtain their own independent legal advice.
Uncontrolled copy. Refer to the Department of Education Policy and Procedure Register to ensure you have the most current version of this document.
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