Education (General Provisions) Act 2006
sec.340Prohibition from entering premises
Start here
Get a plain-English read of sec.340
Turn the raw legal text into a practical explanation grounded in Education (General Provisions) Act 2006.
sec.340 Prohibition from entering premises
A State instructional institution’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the institution for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely— to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or to damage the premises or property at the premises; or to disrupt the good order or management of the institution. A direction under subsection (1) may not be given to an exempt person for the institution. The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force. The direction must be accompanied by an information notice about the principal’s decision to give the direction. The direction has no effect until the principal gives it to the prohibited person. The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (6) —30 penalty units. s 340 amd 2009 No. 24 s 141 ; 2014 No. 62 s 108 (sec.340-ssec.1) A State instructional institution’s principal may give a person (the prohibited person ) a written direction requiring the prohibited person not to enter the premises of the institution for up to 60 days after the day on which the direction is given if the principal is reasonably satisfied that, unless the direction is given, the prohibited person is likely— to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or to damage the premises or property at the premises; or to disrupt the good order or management of the institution. (sec.340-ssec.2) A direction under subsection (1) may not be given to an exempt person for the institution. (sec.340-ssec.3) The direction must state— the terms of the direction; and the ground for the direction; and an outline of the facts and circumstances forming the basis for the ground; and the time the direction is to remain in force. (sec.340-ssec.4) The direction must be accompanied by an information notice about the principal’s decision to give the direction. (sec.340-ssec.5) The direction has no effect until the principal gives it to the prohibited person. (sec.340-ssec.6) The prohibited person must comply with the direction, unless the prohibited person has a reasonable excuse. Maximum penalty for subsection (6) —30 penalty units.
- (a) to cause physical harm to, or apprehension or fear of physical harm in, another person when the other person is at the premises; or
- (b) to damage the premises or property at the premises; or