Legal issues bulletins

These Bulletins are for the purpose of assisting officers of the NSW Department of Education and have been written from this perspective.

The bulletins are made available publicly on the department's web site in the interests of openness and in keeping with the principles of the Government Information (Public Access) Act. They should therefore be viewed as general information and not be relied upon by non-departmental staff in making decisions about their own personal circumstances.

Note: We are in the process of reviewing and updating our Legal Issues Bulletins. Some bulletins may therefore not be accessible. Links to those bulletins will be provided as soon as possible.

Most bulletins are PDFs approximately 200kB in size. They do not meet accessibility requirements. If you need help, contact iaunit@det.nsw.edu.au.

  • Number 58 (Revised March 2018) Staff Access required
    Principals can use the Inclosed Lands Protection Act 1901 (the Act) to deal with people who enter onto or remain on departmental sites without authority.
  • Number 57 (PDF 128.43 KB) (Revised March 2018)
    Legal obligations of schools responding to a student, staff, parent, or other school community member exhibiting anti-social and extremist behaviour
  • Number 56 (PDF 301.5 KB) (published April 2015)
    Confiscation of student property
  • Number 55 (PDF 430.47 KB) (published December 2014)
    Transgender students in schools – legal rights and responsibilities
  • Number 54 (replaced by Bulletin Number 58 Staff Access required)
    Unauthorised entry onto departmental premises - update
  • Number 53 (PDF 301.21 KB) (published March 2013)
    Students under 18 years of age living independently of their parents – capacity to make their own decisions
  • Number 52 (PDF 488.46 KB)
    Legal rights and responsibilities to a government school student who is diagnosed as being at risk of anaphylaxis
  • Number 51 (PDF 87.39 KB)
    School counsellors, confidentiality and the law
  • Number 50 (PDF 308.28 KB)
    Exchanging information with other organisations concerning the safety, welfare or wellbeing of children or young people
  • Number 49 (PDF 216.6 KB)
    Have I hired a contractor or employee and why does it make a difference?
  • Number 48 (PDF 62.9 KB)
    Role of the Legal Services directorate
  • Number 47 (PDF 306.21 KB)
    Requests for Information from other government agencies
  • Number 46 (PDF 358.12 KB) (revised December 2012)
    Legal issues concerning the administration of prescribed medications, health care procedures and medical emergencies in schools and TAFE NSW
  • Number 45 (PDF 214.5 KB)
    Sexual procurement and grooming of children - changes to the criminal law
  • Number 44 (PDF 208.41 KB)
    Apprehended Violence Orders
  • Number 43 (PDF 460.41 KB) (revised November 2012)
    Enrolment of students in government schools
  • Number 42 (PDF 290.71 KB)
    Legal issues arising for staff subject to cyber bullying and related behaviour
  • Number 41 (PDF 246.76 KB)
    The use of closed circuit television (CCTV) in Schools, TAFE NSW institutes and DoE offices
  • Number 40 Staff Access required
    Collection, use and disclosure of information about students with a history of violence
  • Number 39 (PDF 254.69 KB)
    Preparation and use of accident reports in schools and TAFE NSW
  • Number 38 (PDF 160.25 KB)
    Child Protection (Offenders Prohibition Orders) Act 2004 - implications for schools and institutes
  • Number 37 (PDF 334.3 KB)
    The Occupational Health and Safety Act, 2000 - A summary of the key features
  • Number 36 (PDF 283.35 KB)
    Conducting fundraising activities in schools and institutes
  • Number 35 (PDF 76.78 KB) (revised March 2013)
    The use of mobile phones, portable computer games, recording devices and cameras in schools and TAFE NSW institutes
  • Number 34 (PDF 287.71 KB)
    Defamation
  • Number 33 (PDF 200.23 KB)
    Good practice when conducting difficult interviews and related issues
  • Number 32 (PDF 170.32 KB)
    Changes to the law in relation to sexual offences and related issue
  • Number 31 (replaced by Bulletin Number 58 Staff Access required)
    Unauthorised entry onto departmental premises
  • Number 30 (PDF 153.72 KB)
    Amendments to the Crimes Act 1900 in relation to the lawful correction of children
  • Number 29 (PDF 949.83 KB)
    Insurance for voluntary workers in schools and TAFE institutes
  • Number 28 (replaced by Bulletin Number 40A)
    Collection, use and disclosure of information about students with a history of violence
  • Number 27 (PDF 245.8 KB)
    Amendments to the Crimes Act 1990 - New offences and other related changes relevant to the safety and security of schools, staff and students
  • Number 26 (replaced by Bulletin Number 58 Staff Access required)
    Unauthorised entry onto departmental premises
  • Number 25 (PDF 298.77 KB)
    Subpoenas
  • Number 24 (PDF 215.29 KB)
    Use of cars at work
    (This Bulletin should be read in conjunction with Bulletin Number 8)
  • Number 23 (PDF 214.17 KB)
    Protected confidences in relation to school and TAFE counsellor files concerning victims of sexual assault - update
  • Number 22 (PDF 269.6 KB)
    Possession of knives - issues for schools and institutes
  • Number 21 (replaced by Bulletin Number 39 (PDF 254.69 KB))
    Preparation and use of accident reports in schools and TAFE NSW
  • Number 20 (PDF 67.31 KB)
    Changing the way a student's name is used and recorded by schools and TAFE NSW
  • Number 19 (PDF 207.82 KB)
    Legal liability and rights of staff in relation to serious incidents which involve potential risk of injury to persons on departmental premises
  • Number 18 (PDF 176.02 KB)
    Giving evidence in court and tribunal proceedings
  • Number 17 (replaced by Bulletin Number 58 Staff Access required)
    Unauthorised entry onto departmental premises
  • Number 16 (replaced by Bulletin Number 6 (PDF 301.39 KB))
    Searches in schools and TAFE NSW
  • Number 15 (PDF 163.17 KB)
    Firework displays in schools and TAFE NSW premises
  • Number 14 (Withdrawn - refer to "child protection" policies within the schools section of the "Our Policies" link on the department's home page)
    Recent changes in child protection law
  • Number 13 (PDF 263.82 KB)
    Interviews of students and staff by police and officers from DOCS in schools and TAFE NSW institutes
  • Number 12 (replaced by Bulletin Number 39) (PDF 254.69 KB)
    Amended procedures for dealing with personal injury claims arising from accidents in schools and TAFE NSW premises
  • Number 11 (replaced by Bulletin Number 44 (PDF 208.41 KB))
    Apprehended Violence Orders - Update
  • Number 10 (replaced by Bulletin Number 23 (PDF 214.17 KB))
    Protected confidences in relation to School and TAFE counsellor files concerning victims of sexual assault
  • Number 9 (PDF 172.6 KB)
    Physical restraint of school students
  • Number 8 (PDF 344.51 KB)
    Claims for loss or damage to personal property and use of private motor vehicles by staff, parents and students
    (This Bulletin should be read in conjunction with Bulletin 24 – use of cars at work)
  • Number 7 (replaced by Bulletin Number 25 (PDF 298.77 KB))
    Subpoenas
  • Number 6 (PDF 301.39 KB)
    Power to search students
  • Number 5 (PDF 525.07 KB)
    Student discipline in Government schools
  • Number 4 (replaced by Bulletin Number 39 (PDF 254.69 KB))
    Personal injury claims arising from accidents in schools and TAFE NSW premises
  • Number 3 (PDF 179.31 KB)
    Procedural fairness in the Department of Education
  • Number 2A (replaced by Bulletin Number 22 (PDF 269.6 KB))
    Possession of knives and power of search
  • Number 2 (PDF 154.4 KB)
    Offensive behaviour on or near departmental premises
  • Number 1 (replaced by Bulletin Number 58 Staff Access required)
    Unauthorised entry onto school and TAFE NSW premises
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