{"id":"sr:education-and-training-reform-school-safety-regulations-2021","name":"Education and Training Reform (School Safety) Regulations 2021","slug":"education-and-training-reform-school-safety-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183431,"registerId":"vic-sr:education-and-training-reform-school-safety-regulations-2021-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Education and Training Reform (School Safety) Regulations 2021","content":"Version No. 001\n\n**Education and Training Reform (School Safety) Regulations 2021**\n\n**S.R. No. 160/2021**\n\nVersion as at  \n20 December 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\nPart 2—Searching for harmful items 3\n\n6 Searching for a harmful item 3\n\n7 Searching non-school premises 4\n\nPart 3—Seizing harmful items 5\n\n8 Seizing a firearm or prohibited weapon 5\n\n9 Seizing a harmful item that is not a firearm or prohibited weapon 5\n\nPart 4—Action to be taken after search and seizure 6\n\n10 Storing a firearm or prohibited weapon 6\n\n11 Storing a harmful item that is not a firearm or prohibited weapon 6\n\n═════════════\n\nEndnotes 7\n\n1 General information 7\n\n2 Table of Amendments 9\n\n3 Amendments Not in Operation 10\n\n4 Explanatory details 11\n\n**Version No.** **001**\n\n**Education and Training Reform (School Safety) Regulations 2021**\n\n**S.R. No. 160/2021**\n\nVersion as at  \n20 December 2021\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to regulate certain powers of Government school principals and others in relation to weapons and other items in the possession of students.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 5.10.1 of the **Education and Training Reform Act 2006**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 20 December 2021.\n\n\t4 Revocation\n\nThe Education and Training Reform (School Safety) Regulations 2011[[1]](#endnote-1) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***passenger* *services*** ***vehicle*** means a vehicle  that is providing passenger services within the meaning of the **Transport Integration Act 2010**;\n\n***the Act*** means the **Education and Training Reform Act 2006**.\n\nPart 2—Searching for harmful items\n\n\t6 Searching for a harmful item\n\n(1) For the purposes of section 5.8A.3 of the Act, a person must not exercise a power to conduct a search for a firearm or prohibited weapon unless—\n\n(a) the person 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 person, requires immediate action to be taken to reduce that threat; and\n\n(b) the search can be conducted in a manner that does not unduly threaten the safety of the person, students or other school staff; and\n\n(c) other reasonable actions have been considered, including the practicality of a police officer carrying out the search.\n\n(2) A person must not exercise a power under section 5.8A.3 of the Act to conduct a search for a harmful item (other than a firearm or prohibited weapon) unless the person reasonably believes that the search can be conducted in a manner that does not unduly threaten the safety of the person, students or other school staff.\n\n(3) A person must not exercise a power under section 5.8A.3 of the Act to conduct a search of a vehicle unless the person has, where practicable, sought the consent of the operator of the vehicle for the search to be conducted.\n\n(4) A person who exercises a power under section 5.8A.3 of the Act to conduct a search of a passenger services vehicle must confine the search to the area of the vehicle that is wholly or substantially occupied by students under the supervision of the person.\n\n\t7 Searching non-school premises\n\nFor the purposes of section 5.8A.3(1)(b) of the Act, a person who exercises a power to conduct a search for a harmful item in a location that is not a school premises must confine the search to an area that is substantially occupied by students attending a teacher supervised activity.\n\nPart 3—Seizing harmful items\n\n\t8 Seizing a firearm or prohibited weapon\n\nFor the purposes of section 5.8A.4 of the Act, a person must not seize a firearm or prohibited weapon unless the person considers that it is safe to seize the item, having regard to—\n\n(a) the potential harm to the person, students, staff or members of the public that could be reasonably likely to result if the firearm or prohibited weapon is not seized; and\n\n(b) the practicality of a police officer carrying out the seizure in a timely manner.\n\n\t9 Seizing a harmful item that is not a firearm or prohibited weapon\n\n(1) A person must not seize a harmful item that is not a firearm or prohibited weapon unless the person has determined that the seizure can be carried out safely.\n\n(2) For the purposes of subregulation (1), in considering whether a seizure can be carried out safely, a person must consider the potential harm to the person, students, staff or members of the public that could be reasonably likely to result if the item is not seized.\n\nPart 4—Action to be taken after search and seizure\n\n\t10 Storing a firearm or prohibited weapon\n\nIf a firearm or prohibited weapon is seized under section 5.8A.4 of the Act, the item must be stored in the following manner until surrendered to a police officer—\n\n(a) in a locked strongbox, safe or other secure container in a locked room;\n\n(b) the principal must supervise the room containing the seized item;\n\n(c) if it is not practicable to store the item in accordance with paragraphs (a) and (b), the item must be stored in a manner which is as safe and secure as is practicable in the circumstances.\n\n\t11 Storing a harmful item that is not a firearm or prohibited weapon\n\nIf a harmful item that is not a firearm or prohibited weapon is seized under section 5.8A.4 of the Act, the item must be stored in a safe and secure manner until the item is surrendered to a police officer or returned to the owner or the owner's guardian in accordance with the Act.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Education and Training Reform (School Safety) Regulations 2021, S.R. No. 160/2021 were made on 14 December 2021 by the Governor in Council under section 5.10.1 of the **Education and Training Reform Act 2006**, No. 24/2006 and came into operation on 20 December 2021: regulation 3.\n\nThe Education and Training Reform (School Safety) Regulations 2021 will sunset 10 years after the day of making on 14 December 2031 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Education and Training Reform (School Safety) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 165/2011. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These Regulations revoke the 2011 School Safety Regulations and replace them with a text that expressly conditions searches and seizures under sections 5.8A.3 and 5.8A.4 of the Education and Training Reform Act 2006. They clarify and restrict how powers are exercised by adding safety, practicability and consent requirements (regs 6–11), and set specific secure-storage obligations for seized firearms and prohibited weapons (reg 10)."},"complexity_factors":["Multiple subjective standards requiring judgment (eg. 'reasonably suspects', 'reasonable opinion', 'reasonably believes') (reg 6(1)(a),(2))","Safety-based assessments required before search or seizure, creating operational discretion and risk assessment (regs 6(1)(b), 8, 9)","Obligation to consider external actors and timing (practicality of police carrying out search/seizure) which can affect response choices (regs 6(1)(c), 8(a),(b))","Practical constraints for vehicle searches and consent requirements where 'practicable' (reg 6(3),(4))","Detailed storage requirements for seized firearms/prohibited weapons, imposing physical-security and supervision burdens on schools (reg 10)","Reliance on definitions and powers contained in the Education and Training Reform Act 2006 (sections 5.8A.3, 5.8A.4) rather than self-contained definitions, requiring cross-reference","Confined-scope searches off school premises limited to areas 'substantially occupied by students' — operationally ambiguous in some activities (reg 7)"],"plain_english_summary":"These Regulations set out when and how government school principals and authorised staff may search for, seize and store firearms, prohibited weapons and other harmful items. They impose conditions on searches (reasonable suspicion or belief, safety, consideration of police assistance, consent where practicable for vehicles, and confinement to student-occupied areas), limit seizure to items that can be taken safely, and require secure storage until police take custody (regs 6–11).\n\nSchools bear the compliance and storage costs; principals and authorised staff must decide whether to act, weighing immediate safety against police practicability and practicability of safe handling (regs 6(1)(c), 8, 10)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to assess whether the scope changed from the original intent. The metadata shows the regulation exists in 'as made' and consolidated forms, which is standard and does not itself indicate a scope change. A full text review would be required to make this determination."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history were included, preventing full analysis","Regulations made under a parent Act (Education and Training Reform Act 2006) add a layer of complexity as you must read both documents together","School safety law can involve intersecting frameworks including child protection, criminal law, and administrative law","The consolidation history suggests the regulation may have been amended, potentially creating version-tracking complexity","Low score assigned given the narrow, practical subject matter typical of school safety regulations and the limited text available for review"],"plain_english_summary":"The regulation sets out Victoria’s school-safety rules, affecting students, parents/guardians, principals, staff, school councils and education authorities. It establishes legal processes for keeping schools safe—eg. who may be excluded from sites, incident reporting and procedures for managing threatening or dangerous behaviour. It matters because it gives schools defined legal tools and required steps to protect students and staff."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of regulating school safety powers. It replaces the 2011 regulations with updated but substantively similar provisions covering the same scope: searching for and seizing harmful items in government schools. No expansion into unrelated areas."},"complexity_factors":["Short length: Only 11 substantive regulations across 4 Parts","Minimal defined terms: Only 2 definitions in regulation 5 ('passenger services vehicle' and 'the Act')","Limited cross-referencing: References only to specific sections of the Education and Training Reform Act 2006 (sections 5.8A.3 and 5.8A.4) and one reference to the Transport Integration Act 2010","Clear conditional structure: Most provisions use straightforward 'must not... unless' logic without nested exceptions","No subordinate legislation or delegated powers created","Single purpose focus: Entirely concerned with search and seizure procedures for harmful items in schools"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out the rules for when and how principals and other authorised people in Victorian government schools can search students for dangerous items (like weapons) and seize them if found.\n\n**Who it affects:**\n\n- **Government school principals and staff** who have the power to conduct searches\n- **Students** who may be searched\n- **Parents/guardians** whose children have items seized\n\n**Key rules explained:**\n\n**Searching for dangerous items:**\n- For **firearms or prohibited weapons** (serious weapons like guns or knives): Staff can only search if they reasonably suspect there's an immediate threat to safety, the search can be done safely, and they've considered asking police to do it instead.\n- For **other harmful items** (less serious dangerous items): Staff can only search if they believe it can be done without unduly threatening anyone's safety.\n- **Vehicles**: Staff must get the driver's consent to search if practical. For buses or other passenger vehicles, searches are limited to areas where students are sitting under teacher supervision.\n- **Off-school locations**: Searches at places like excursion sites are limited to areas where students are gathered for teacher-supervised activities.\n\n**Seizing items:**\n- **Firearms/prohibited weapons**: Can only be seized if it's safe to do so, considering the danger of leaving them and whether police could do it quickly enough.\n- **Other harmful items**: Can only be seized if it can be done safely.\n\n**After seizure:**\n- **Firearms/prohibited weapons**: Must be locked in a strongbox or safe in a locked room supervised by the principal. If that's not possible, stored as securely as circumstances allow. Must be handed to police.\n- **Other items**: Stored safely until given to police or returned to the owner/guardian.\n\n**Why it matters:**\n\nThese regulations balance school safety with students' rights. They ensure staff don't conduct risky searches or seizures without good reason, while giving clear procedures for handling dangerous situations. The rules also ensure seized weapons—especially guns—are stored securely to prevent accidents or theft before police take them."}},"importantCases":[],"_links":{"self":"/api/acts/education-and-training-reform-school-safety-regulations-2021","history":"/api/acts/education-and-training-reform-school-safety-regulations-2021/history","analysis":"/api/acts/education-and-training-reform-school-safety-regulations-2021/analysis","conflicts":"/api/acts/education-and-training-reform-school-safety-regulations-2021/conflicts","importantCases":"/api/acts/education-and-training-reform-school-safety-regulations-2021/important-cases","documents":"/api/acts/education-and-training-reform-school-safety-regulations-2021/documents"}}