Searches

A search should only be undertaken for an item considered harmful, i.e., an item that poses an immediate threat to the physical or emotional safety of any person. Note: Schools may not search the content of a student's digital device. See Surrender and Retention of Digital Devices.

A search may involve emptying pockets, removing outer items of clothing, searching bags, desks or lockers, and also searching "correspondence" such as a diary.

Searches are carried out in a fair and safe way, considering the circumstances and the characteristics of the student.
Force is not used, except in an emergency situation to defend against immediate harm.
Searches take place in an appropriate location with appropriate people present. Unless impracticable or unnecessary, students are searched by a person of the same gender.
Searches relate to the individual student, i.e., not everyone in a class. If a group of students is suspected of possessing dangerous items, call the police for advice.
Parents are contacted if a search takes place.
If highly dangerous or illegal items are suspected, contact the police and keep the student and the belongings in a safe place under supervision until the police arrive. Note that the police do not search on the school's behalf, if they have grounds for a search they do it according to police procedure.

Searches can only be conducted by authorised staff members at the school, and only if they have reasonable grounds to suspect a student's possession of a harmful item. The student must be given the opportunity to surrender or reveal the item before a search is conducted. If the student denies possession of the item, or refuses to surrender or reveal it, there may be grounds for a search of the student's outer clothing and/or school bag, or other property.

Note: schools are entitled to search school property at any time, and that includes desks, lockers, and receptacles provided to students for storage. The student's rights to privacy must be considered and protected, and they have the right to not be subjected to an unreasonable search.

Conducting a search

1. Where possible:

o choose a location that protects both safety and privacy

o have two adults present. Consider asking the student's parent or caregiver to attend.

o arrange a support person for the student

o organise for the student to be searched by an adult of the same gender.

2. Explain what you are looking for, and why it is a danger. Explain why you suspect the student of possessing it.

3. Give the student the opportunity to consider their behaviour and present the item.

4. Ask the student to empty their pockets, remove an item of clothing to be searched, or to open their bag, pencil case, etc, as appropriate. Only outerwear should be removed.

If the student refuses to co-operate the search is abandoned, the school invokes its behaviour management plan and, as appropriate, may contact the parents/caregivers, and/or police.

5. If the item/s are found, it/they are seized and dealt with as appropriate.

6. Notify the parents/caregivers of the search, outcome, and consequences for the student.

Records of Searches

A written record is to be kept of all searches. It includes details such as the date, name of student, name of the person who conducted the search, and any other relevant details. Details are also kept of any item/device retained for two or more school nights.The records are kept for a minimum period of seven years.

Retention of Property

In most cases, surrendered items are available for collection at the end of the day.

Depending on the item and the circumstances, items may be retained for collection by parents. Reasonable care is taken of retained items and details are kept of any item retained for two or more school nights. Details include the date, name of student, name of staff member, and any other relevant details.

Depending on the situation, further action may be taken, including behaviour management, counselling, contact with parents, and/or contact with the police.

Reviewed 31/10/2022