Trespassers
Purpose of this policy
To ensure schools deal with trespassers appropriately.
Policy
Principals have the authority to:
- erect signs prohibiting trespassers
- order persons and trespassers off school property
- issue formal warnings to persons not to enter the school premises
- authorise others to exercise the powers on their behalf.
Principals must use the powers to deal with trespassers prudently. Advice may be obtained from Legal Services Unit.
Right to enter school grounds
Government schools are not public places and there is no general right of the public at large to be on school premises. The Minister of Education is the owner and occupier of land held by the Department and has the power to determine who may enter, or remain upon the school property. These functions and powers have been delegated to school principals.
Many schools encourage community use of facilities, however there will be situations in which an individual causes difficulties for the school and may be barred from attending the school.
The Summary Offences Act 1966 (Vic) gives owners and occupiers of State schools (and other specified premises) powers to deal with trespassers.
Definition of trespasser
A trespasser is a person who enters onto school grounds (including into any buildings):
- without authority (unless for a legitimate purpose)
- without a lawful excuse (unless for a legitimate purpose); or
- in a manner likely to cause a breach of the peace.
A person enters onto school grounds "without authority" if:
- they enter after having been previously warned not to enter by the principal (or a person authorised by the principal to give such a warning on their behalf)
- they remain after being warned by the principal (or a person authorised by the principal to give such a warning on their behalf); or
- they enter in breach of a prominently displayed sign in the school warning against trespassing (for example, stating that persons may not enter at certain times).
“Lawful excuse” is not defined in the Act, but would include:
- emergency services workers
- utilities workers (e.g. gas metre reader)
- a parent collecting a child from school would usually be a legitimate purpose or lawful excuse
- if invited (e.g. specifically authorised to attend school for speech night or school play).
What action can a principal take?
A Principal (or a person authorised by the principal to act on their behalf) can:
- warn a person or trespasser to leave the school premises
- warn a person not to enter the school premises
- erect signs warning persons not to enter the school premises
- issue a formal trespass notice, warning that a person may not enter school premises without a legitimate purpose for a period of up to 12 months
- request the police to lay a charge under section 9 of the Summary Offences Act 1966, when a person fails to comply with such a warning.
If the Principal confers this authority on someone else acting on his/her behalf, this should be formalised in writing.
Trespass notices should be issued only after careful consideration. It may be appropriate to explore an alternative to issuing a trespass warning notice such as the principal issuing a letter of warning that certain standards of behaviour are not acceptable on school premises.
When trespassers are causing ongoing difficulties then the principal should:
- contact the local divisional commander of police to discuss appropriate strategies for the protection of students, staff and school property
- develop links with the police community consultative committees and other local groups to improve liaison in the immediate area and to access a range of community resources.
Related policies
Related legislation
-
Summary Offences Act 1966
-
Summary Offences Act 1966 section 17(1)
Department resources
- Executive Memorandum No. 97/041 has detailed guidelines and notices to assist schools implementing the Act, and covers the:
- procedures which should be undertaken in schools for dealing with trespassers
- nature and extent of principal’s/head teacher’s powers to deal with trespassers
- form to be used by principals and head teachers if they wish to authorise other people to exercise the powers on their behalf.
See: the Department’s Microsoft Outlook public folder list as follows: /edulibrary/Schools/Official Memoranda, Circulars & Notices/Executive Memoranda/1997/Ex Memo 97/041 Trespassers in Schools.