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
Permalink -

https://research.usq.edu.au/item/q07x5/a-school-s-duty-of-care-and-the-management-of-illicit-drug-related-incidents

Download files


Published Version
Barnett_McNamara_IJLE_v15n1_PV.pdf
File access level: Anyone

  • 2647
    total views
  • 980
    total downloads
  • 5
    views this month
  • 1
    downloads this month

Export as

Related outputs

The Good, the Bad and the Ugly: A Short History of Biosecurity Regulation in Australia
McNamara, Noeleen. 2023. "The Good, the Bad and the Ugly: A Short History of Biosecurity Regulation in Australia ." McKibbin, Sarah, Patrick, Jeremy and Harmes, Marcus K. (ed.) The Impact of Law's History: What's Past is Prologue. Switzerland. Springer. pp. 257-276
Environmental Public Interest Litigation in China: An Overview
Zhao, Xiaobo and McNamara, Noeleen. 2023. "Environmental Public Interest Litigation in China: An Overview." Wang, Xi, Zhao, Xiaobo and McNamara, Noeleen (ed.) Environmental Public Interest Litigation in China . Switzerland. Springer. pp. 3-19
LexisNexis Questions and Answers: Contract Law
McNamara, Noeleen and Crowley-Cyr, Lynda. 2023. LexisNexis Questions and Answers: Contract Law. Australia. LexisNexis Butterworths.
Law and Ethics for Australian Teachers
Butlin, Mark A, McNamara, Noeleen and Anglin, Kerrie. 2021. Law and Ethics for Australian Teachers. Cambridge, United Kingdom. Cambridge University Press.
Mentoring dyads in higher education: It feels lucky, but it's more than luck
Fitzgerald, Angela and McNamara, Noeleen. 2021. "Mentoring dyads in higher education: It feels lucky, but it's more than luck." International Journal of Mentoring and Coaching in Education. 10 (3), pp. 355-369. https://doi.org/10.1108/IJMCE-12-2020-0088
The supermarket with no beer: A review of liquor licensing in Queensland
McNamara, Noeleen. 2018. "The supermarket with no beer: A review of liquor licensing in Queensland." James Cook University Law Review. 24, pp. 115-127.
Public participation and the Adani Syndrome
McNamara, Noeleen and Crane, William. 2018. "Public participation and the Adani Syndrome." Environmental and Planning Law Journal. 35 (3), pp. 320-330.
Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors [2015] QLC 48
McNamara, Noeleen and Zhao, Xiaobo. 2016. "Adani Mining Pty Ltd v Land Services of Coast and Country Inc & Ors [2015] QLC 48." Australian Resources and Energy Law Journal. 35 (1), pp. 6-12.
Australian Aboriginal land management: constraints or opportunities?
McNamara, Noeleen. 2017. "Australian Aboriginal land management: constraints or opportunities?" James Cook University Law Review. 21 (2014-2015), pp. 25-40.
Authentic assessment in contract law: legal drafting
McNamara, Noeleen. 2017. "Authentic assessment in contract law: legal drafting." The Law Teacher. 51 (4), pp. 486-498. https://doi.org/10.1080/03069400.2016.1211853
Wine tasting: to charge or not to charge?
McNamara, Noeleen and Cassidy, Frances. 2015. "Wine tasting: to charge or not to charge?" International Journal of Hospitality Management. 49 (8), pp. 8-16. https://doi.org/10.1016/j.ijhm.2015.05.004
The Australian consumer law after the first three years - is it a success?
Taylor, Des and McNamara, Noeleen. 2014. "The Australian consumer law after the first three years - is it a success?" Curtin Law and Taxation Review. 1 (1), pp. 96-132.
Corporate social responsibility and compliance: transnational mining corporations in Tanzania
McNamara, Noeleen. 2013. "Corporate social responsibility and compliance: transnational mining corporations in Tanzania." Macquarie Journal of International and Comparative Environmental Law. 9 (2), pp. 1-17.
Wine tasting: should Granite Belt wineries charge for tasting?
McNamara, Noeleen and Cassidy, Frances. 2012. "Wine tasting: should Granite Belt wineries charge for tasting?" 2012 Regional Development: Connectedness, Business and Learning: Creating Sustainable Communities Workshop. Brisbane, Australia 20 Jun 2012 Toowoomba, Australia.
Learning in law: using MCQs for summative assessment in core law courses
McNamara, Noeleen and Barnett, Eola. 2012. "Learning in law: using MCQs for summative assessment in core law courses." International Journal of Organisational Behaviour. 17 (3), pp. 46-61.
Supporting learning in law: using formative MCQ assessment in criminal law core courses
Barnett, Eola and McNamara, Noeleen. 2012. "Supporting learning in law: using formative MCQ assessment in criminal law core courses." International Journal of Organisational Behaviour. 17 (2), pp. 72-86.
The student behind the avatar: using Second Life (virtual world) for legal advocacy skills development and assessment for external students: a critical evaluation
Barnett, Eola and McKeown, Lindy. 2012. "The student behind the avatar: using Second Life (virtual world) for legal advocacy skills development and assessment for external students: a critical evaluation." Journal of Commonwealth Law and Legal Education. 8 (2), pp. 41-63.
The verity of summative MCQs assessment in first year law courses within a law program
Barnett, Eola and McNamara, Noeleen. 2011. "The verity of summative MCQs assessment in first year law courses within a law program." Building Business Communities: Justice, Performance and Change Creating a Sustainable Scholarly Community Colloquia (2011). Brisbane, Australia 09 Nov 2011 Toowoomba, Australia.
Embracing Wikipedia as a research tool for law: to Wikipedia or not to Wikipedia?
Barnett, Eola and Baer, Roslyn. 2011. "Embracing Wikipedia as a research tool for law: to Wikipedia or not to Wikipedia?" The Law Teacher. 45 (2), pp. 194-213. https://doi.org/10.1080/03069400.2011.578883
The verity of formative MCQs assessment in core criminal law courses within a law program
Barnett, Eola and McNamara, Noeleen. 2011. "The verity of formative MCQs assessment in core criminal law courses within a law program." Building Business Communities: Justice, Performance and Change Creating a Sustainable Scholarly Community Colloquia (2011). Brisbane, Australia 09 Nov 2011 Toowoomba, Australia.
Sustainable juries: thinking outside peer criminal jury trials
Gray, Anthony and Barnett, Eola. 2010. "Sustainable juries: thinking outside peer criminal jury trials." Journal of Judicial Administration. 20 (1), pp. 18-38.