For free and confidential legal advice about this topic, please contact us here.
Disclaimer: This page explains the law about searches and confiscations at public schools in New South Wales. If you have any questions about searches and confiscations at a private school, please contact us here and please include the name of your school.
Teachers can only search you with your permission or if the safety of others is urgently at risk (for example, in order to stop someone else being immediately hurt). If a teacher uses force to search you without your permission, they may be breaking the law.
BUT your teachers can ask to search you or your property to see if you have something illegal or banned on you. You can be punished by the school if you don’t agree to let them search your stuff. For example, you could get detention or even a suspensions.
Teachers can ask to search you if they believe you have:
Generally only you can decide if a teacher can search you. Your parents can only give permission on your behalf if you are so young that you cannot make your own decisions.
If a teacher does decide to search your bag, they should do it privately and not near the other students. If possible an independent person like another teacher should be there when you are searched.
Yes. The school can call the police. Police are allowed to search you even if you don’t give permission. They can search you if they reasonably believe you possess drugs, weapons or something stolen. Before they search you they should try and contact your parents. The police can also frisk search you if they think you have a weapon (this means they can rub their hands over your body while you have clothes on. If the police search you, you’re allowed to choose an adult at school to be there with you (such as a teacher you trust).
They can also ask you to show them your bag and locker. If you refuse, you could be fined up to $1,100 by a court.
If you are found with illegal things on you, don’t panic. You do not have to go with the police unless you are arrested. If you are arrested, you can phone your parents or an adult you trust and ask them to come to the station. Don’t say anything to the police until a trusted adult arrives and never attempt to run away from the police. But if the police ask it’s you may be required to give your name and address, and it’s against the law if you give a false name. You can also call the NSW Legal Aid Youth Hotline on 1800 10 18 10.
Generally, people can’t take your stuff from you within your permission. However your school can make rules about what you can and can’t bring to school. If you bring something that’s banned, teachers can confiscate it if they believe it’s unlawful, dangerous or disruptive to the classroom environment.
Teachers can confiscate your phone, iPad or laptop if they reasonably suspect there’s inappropriate material on it or if it’s been used to record fights or other criminal activity. If the teacher takes your phone, they should look at what’s on it while you are there, and they shouldn’t look at things that are private and don’t have anything to do with anything illegal or banned.
If a teacher does confiscate your property, it should be returned to you at the end of the day or as soon as possible after that. If the thing is illegal to have and it’s taken by the police (like a knife or some other weapon), it’s up to the police to keep it for as long as they need it to gather evidence. If this happens, your parents should be notified and given the name of the police officer involved.
If a teacher confiscates your stuff, they have to keep it secure and safe. If your stuff is lost or damaged while it’s confiscated, the school has to pay for it. The teacher should generally return the item to you at the end of the school day or if not, as soon as possible.
If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.Get help now