Education (General Provisions) Act 2006
sec.339Direction to leave and not re-enter
Start here
Get a plain-English read of sec.339
Turn the raw legal text into a practical explanation grounded in Education (General Provisions) Act 2006.
sec.339 Direction to leave and not re-enter
A State instructional institution’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— has committed, or is about to commit, an offence at the premises; or has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or has otherwise disrupted, or is about to disrupt, good order at the premises; or does not have a good and lawful reason to be at the premises. A direction under subsection (1) may not be given to an exempt person for the institution. The direction must include— the terms of the direction; and the ground for the direction; and the time during which the prohibited person may not re-enter the premises. The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (4) —20 penalty units. s 339 amd 2014 No. 62 s 107 (sec.339-ssec.1) A State instructional institution’s principal may give a person (the prohibited person ) an oral direction requiring the prohibited person to immediately leave and not re-enter the institution’s premises for 24 hours after the time of the direction if the principal reasonably suspects the prohibited person— has committed, or is about to commit, an offence at the premises; or has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or has otherwise disrupted, or is about to disrupt, good order at the premises; or does not have a good and lawful reason to be at the premises. (sec.339-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution. (sec.339-ssec.3) The direction must include— the terms of the direction; and the ground for the direction; and the time during which the prohibited person may not re-enter the premises. (sec.339-ssec.4) The prohibited person must immediately comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (4) —20 penalty units.
- (a) has committed, or is about to commit, an offence at the premises; or
- (b) has used, or is about to use, threatening, abusive or insulting language towards another person at the premises; or
- (c) has engaged, or is about to engage, in threatening or violent behaviour towards another person at the premises; or
- (d) has otherwise disrupted, or is about to disrupt, good order at the premises; or