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  • Writer's pictureGeoff Harrison

Assaults etc at School

Updated: Nov 3, 2023


Best Barrister, Best Lawyer, Best Solicitor, Best Criminal Barrister, Criminal Lawyer, Criminal Solicitor, Criminal Barrister, Assault in Schools, Intimidation in Schools

Published by Geoff Harrison | 21 September 2023


An assault or intimidation upon a student or staff member whilst they are attending school carries a maximum penalty of 5 years imprisonment, even if no actual bodily harm is occasioned: as per s60E of the Crimes Act 1900. This offence carries 7 years imprisonment if actual bodily harm is occasioned and 12 years imprisonment for wounding or causing grievous bodily harm.


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CRIMES ACT 1900 - SECT 60E

Assaults etc at schools


(1) A person who assaults, stalks, harasses or intimidates any school student or member of staff of a school while the student or member of staff is attending a school, although no actual bodily harm is occasioned, is liable to imprisonment for 5 years.


(2) A person who assaults a school student or member of staff of a school while the student or member of staff is attending a school and by the assault occasions actual bodily harm, is liable to imprisonment for 7 years.


(3) A person who by any means--

(a) wounds or causes grievous bodily harm to a school student or member of staff of a school while the student or member of staff is attending a school, and

(b) is reckless as to causing actual bodily harm to that student or member of staff or any other person,

is liable to imprisonment for 12 years.


(4) A person who enters school premises with intent to commit an offence under another provision of this section is liable to imprisonment for 5 years.


(5) Nothing in subsection (1) applies to any reasonable disciplinary action taken by a member of staff of a school against a school student.



60D DEFINITIONS


(1) In this Division--


"member of staff" of a school includes a person who performs voluntary work for the school.


"school" means--

(a) an infants school, primary school or secondary school (however described), and

(b) a child care facility for children under school age.


"school premises" includes parks and other community premises that are used by a school (but only while they are being used for the purposes of the school).


"school student" includes a child attending a child care facility.


(2) For the purposes of this Division, a school student or member of staff of a school is taken to be attending a school--

(a) while the student or member of staff is on school premises for the purposes of school work or duty (even if not engaged in school work or duty at the time), or

(b) while the student or member of staff is on school premises for the purposes of before school or after school child care, or

(c) while entering or leaving school premises in connection with school work or duty or before school or after school care.





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