A school's duty of care and the management of illicit drug related incidents

Article


Barnett, Eola and McNamara, Noeleen. 2010. "A school's duty of care and the management of illicit drug related incidents." International Journal of Law and Education. 15 (1), pp. 41-53.
Article Title

A school's duty of care and the management of illicit drug related incidents

ERA Journal ID35411
Article CategoryArticle
AuthorsBarnett, Eola (Author) and McNamara, Noeleen (Author)
Journal TitleInternational Journal of Law and Education
Journal Citation15 (1), pp. 41-53
Number of Pages13
Year2010
Place of PublicationBrisbane, Australia
ISSN1327-7634
1836-9030
Abstract

Illicit drug related incidents occurring in schools or in areas under school supervision are a legal minefield for schools, principals, and other school staff. They can potentially expose a school to civil liability and the student to criminal sanctions. Staff therefore need to understand correct procedures for interviewing students, searching students' property, and notifying parents and police. Yet often the guidance provided to staff in dealing with such incidents is inadequate and may expose the staff to liability.

This article considers the tensions that can arise for a school when discharging their duty of care to the drug-affected student, and the student body as a whole. Using Queensland as an example, it also reviews the current Department of Education and Training's guidelines for the management of drug-related incidents in schools, and raises several concerns with the adequacy and generality of these guidelines. It suggests some areas where the guidelines could better align with criminal legislative standards.

Keywordsdrugs; schools; drug-related incidents; crime; torts; duty of care
ANZSRC Field of Research 2020390201. Education policy
489999. Other law and legal studies not elsewhere classified
440702. Crime policy
Public Notes

File reproduced in accordance with the copyright policy of the publisher/author.

Byline AffiliationsSchool of Law
Institution of OriginUniversity of Southern Queensland
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