The Minns Labor Government will introduce legislation to Parliament to give NSW schools new powers to better protect students and staff from adult community members who engage in harmful and abusive behaviour, whether in person or via school communication channels.

The proposed amendments to the NSW Education Act 1990 will bring NSW into line with other jurisdictions and establish new School Community Safety Orders and Protection Orders, to ensure schools remain safe and students’ learning is not disrupted.

If passed, the changes will apply to all government, Catholic and independent schools across NSW.

Under the proposal, a School Community Safety Order could be issued to any adult who engages in threatening or abusive behaviour towards students, staff, or other community members, on school grounds, or at school-related activities such as sporting events or excursions.

Importantly, the powers would also cover abusive or threatening communication directed at staff through school-controlled channels, including social media, email and phone.

An order could restrict a person from entering school grounds or coming within 25 metres of a school or other site while it is in use by the school, such as camps or sporting venues. An order could also prohibit contact with staff online, including through the school’s social media platforms, or by phone.

This expands on protections for schools under the Inclosed Lands Protection Act 1901, which applies to an individual’s presence on school grounds only.

The legislation follows last week’s announcement of a strengthened Student Behaviour Code of Conduct, which reinforces the values of respect, responsibility and safety for all NSW public school students. From next year, it will be sent annually to parents and students for acknowledgement.

The draft legislation includes safeguards to ensure procedural fairness for parents, carers and other adult school community members to ensure they can remain engaged in their child’s education.

Failure to comply with a School Community Safety Order could trigger an application being made to the Local Court of NSW for a Protection Order, which if breached could result in a fine of up to $5,500.

The proposed School Community Safety Orders have been developed in consultation across all three sectors.

Deputy Premier and Minister for Education and Early Learning Prue Car said:

“Every principal, teacher, student and member of a school community has the right to feel safe and respected in NSW schools.

“The vast majority of parents and community members are constructive partners in their children’s education. However, on the rare occasions when an individual’s behaviour is harmful, schools must be empowered to protect their staff and students.

“At the heart of this legislation is ensuring every student has access to a quality education with a focussed, committed teacher in the classroom. Harassment and abuse of teachers impacts their ability to teach and can drive them from the profession, with students suffering the consequences.”

Department of Education Secretary Murat Dizdar said:

“Our teachers do an extraordinary job — and a safe workplace is not optional. It’s essential to ensuring they can deliver the best outcomes for every student, which is what every parent rightly expects for their child.”

Catholic Schools NSW CEO Dallas McInerney said:

“Catholic schools have always been committed to fostering respectful relationships between families and educators. Children thrive when the adults in their lives model constructive behaviour, listen openly, and engage with schools in good faith.

“At times, principals are required to manage behaviour that goes beyond the boundaries of respectful engagement, no educator should have to face aggression in the course of doing their job.

“We support measures that foster safe school communities. Clear rules, consistent expectations and timely interventions are essential to ensuring that all children can learn in environments that are stable, respectful and secure.”

Independent Schools NSW CEO Margery Evans said:

“It is essential that staff and students feel safe at school.

“Independent schools value strong, respectful relationships with families that ensure school communities remain safe for students and staff.

“These new measures recognise that while parents have a right to raise concerns, principals also have a right — and a responsibility — to set boundaries when behaviour becomes threatening, unreasonable or disruptive.”

P&C Federation President Kaitlin Serrano said:

“The P&C Federation is proud of the contributions parents make every day to enrich school communities.

“School communities need to be safe and respectful environments, which is why we strongly support these reforms.”