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As you have heard me say before, with the change in government there has been a distinct shift in engagement which demonstrates to us a willingness to improve the teaching profession and the work done in schools.

The latest example from the SA Government is proposed changes to the Education and Children’s Services Act, focussed on amendments to the Barring Notices section of the Act.

Sites already have some powers

While parts of the Act are specifically for Department Schools, much of it applies equally to Independent and Catholic Schools, non-Government preschools and education and care services.

For example, currently it is an offence to demonstrate offensive or threatening behaviour towards a staff member while they are carrying out their duties. There is provision for Principals in Independent and Catholic schools (or Directors in a preschool or centre) to bar someone (other than a student or staff member) who demonstrates offensive and threatening behaviour or is trespassing. Principals and Directors also have powers to restrain, remove from premises or refuse entry to someone whom they reasonably suspect has behaved in an offensive or threatening manner.

Why enhanced powers are necessary

While the statistics for Independent and Catholic schools are not available—a transparency issue that we think should be corrected—the Department does publish their statistics and they have seen a 200% increase in Barring Notices from 2019 to 2023.

What we are hearing from members are increases in incidents from parents – particularly online. Principal members confirm that they have experienced increased rates of threats of violence as well as bullying and gossip/slander.

What these amendments propose to change

• Enhance what behaviour is an offence by including behaviour that is disorderly or
• Increasing the maximum penalty for an offence from $2500 to $7500.
• Allows for Barring Notices where a site leader believes that a person poses, or would pose a risk to the physical, emotional or psychological safety or wellbeing of any other person while they are at the premises.
• Increases the types of premises to where a Barring Notice can be placed to include situations such as camps, excursions and events that are not on school premises, but are being used for school purposes.
• Include Barring Notices for people who have engaged in vexatious communication, which could include such behaviours as unreasonably high frequency of communication, ignoring requests to use specified complaints or dispute resolution processes, are intending to cause or are causing distress or harassment. This could be, but not limited to communication that is in-person, over the phone, by email, in messages, online or through a learning management program.
• Increasing the distance someone can be barred by extending it to within 10 metres of the premises.
• Can restrict who the person being barred can communicate with, or how (eg only by email).
• The site leader will be required to follow Ministerial Guidelines relating to the Barring Notices.
• Allow the site leader to authorise someone else to issue the Barring Notice
• Increase the maximum period for which a Barring Notice can be in place from 3 months to 6 months.

While these measures are reactionary in nature. It should be noted that employers have the responsibility to ensure a safe workplace and that processes and procedures as well as expectations should be clear to staff, students and parents.

Employers should be taking proactive steps to reduce and eliminate incidents of such behaviour.

If your employer is not ensuring that you are safe at work then talk to your Sub-Branch Rep, discuss at the next Sub-Branch meeting or contact your IEU(SA) Organiser for support: 8410 0122 or enquiries@ieusa.org.au