s.30Use of reasonable force
30
Section 30Part 11 — DISCIPLINE AND PROHIBITION OF CORPORAL PUNISHMENT IN EDUCATIONAL INSTITUTIONS

Use of reasonable force

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A person to whom this section applies may use such force as is necessary, reasonable and proportionate in the circumstances for the purpose of preventing a student from doing, or continuing to do, any of the following —
committing an offence, or, if the student is not capable of committing an offence by reason of age or diminished capacity, doing or continuing to do something which, had the student been old enough to commit an offence or had legal capacity to do so, would be an offence;
causing danger, personal injury or death to, or damage to the property of, any person, including the relevant student; or
prejudicing the maintenance of good order and discipline at the school or any educational activities or provision associated with the school.
This section applies to —
a person who is a teacher and any other person who forms part of school management, except in circumstances where the school leader has determined that the member of staff is not permitted to use force; and
a person who is employed to work in another capacity at a school or school setting but whom the Director of the Department of Education Services or governing body, upon the recommendation of the school leader, has authorised to use force with the same authority as is conferred on a teacher by paragraph (a).
The Director of the Department of Education Services or governing body shall not issue the authorisation referred to in subsection (2)(b) unless the Director of the Department of Education Services or governing body is satisfied that the person —
has successfully completed training in matters relating to the use of force on students; and
is otherwise a suitable person to exercise the authority.
The power conferred by subsection (1) may be exercised only where —
the teacher or other authorised person and the student are on the premises of the relevant school or school setting; or
they are elsewhere and the member of the staff has lawful control or charge of the relevant student.
Subsection (1) does not authorise anything to be done in relation to a student which constitutes the giving of corporal punishment within the meaning of section 26.
The Cabinet may make regulations —
on reporting of incidents where force has been used; and
for issues relating to the use of force.
Nothing in this section shall be interpreted as taking away any right to self-defence.
In this section, "offence" includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.
The Cabinet may make regulations for the effective implementation of the provisions of this Part and without limiting the generality of this power may make provisions relating to searches, confiscation and disposal of items seized.

Cross References