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Parliamentary Questions


Question On Notice No. 1680 asked in the Legislative Council on 9 October 2018 by Hon Alison Xamon

Question Directed to the: Minister for Education and Training
Parliament: 40 Session: 1
Tabled Paper No: 2157- View tabled paper


Question

I refer to the physical restraint of students, and I ask:
(a) are schools required to record all instances of the physical restraint of students by school staff;
(b) if no to (a), why not;
(c) if yes to (a), which specific details are required to be recorded;
(d) if yes to (a), please advise the number of occasions students were physically restrained by school staff in:
(i) 2015;
(ii) 2016;
(iii) 2017; and
(iv) 2018 to date;
(e) please advise the number of individual students who were physically restrained by school staff in:
(i) 2015;
(ii) 2016;
(iii) 2017; and
(iv) 2018 to date; and
(f) please list, by school, the number of occasions students with disability were physically restrained by school staff in:
(i) 2015;
(ii) 2016;
(iii) 2017; and
(iv) 2018 to date?

Answered on 6 November 2018

Answer

Regulation 38 under the School Education Regulations 2000 sets out staff members’ powers to manage students. The regulation states:

A member of staff of a government school may, in the performance of the person’s functions, take such action, including physical contact with a student or a student’s property, as is reasonable –

  1. To manage or care for a student; or
  2. To maintain or re-establish order; or
  3. To prevent or restrain a person from –

            i.  Placing at risk the safety of any person; or

            ii. Damaging any property.

 The Department’s online incident notification system captures when a restraint is applied across the following incident types:

  • Physical Assault, Intimidating/Threatening Behaviour, Contact
  • Believed Suicidal Behaviour or Non-Suicidal Self-injury
  • Verbal or Cyber Threat and/or Comment
  • Disruptive Conduct 

(a) Yes.

(b) Not applicable.

(c) Details required to be recorded are:

  • date, time, location and duration of the physical restraint;
  • name of student and name(s) of the staff member(s) involved;
  • reason for the physical restraint;
  • alternative strategies attempted prior to the application of physical restraint;
  • brief detail of the follow-up support provided;
  • detail of contact with the parent/carer;
  • a statement by the staff member/s involved; and
  • whenever possible, a statement by the student involved.

 (d)

Year

Number of incidents

2015

230

2016

1 009

2017

1 317

2018 (9 October 2018)

879

Note 1: Each occasion equates to a separate incident of restraint of an individual student

Note 2: Improved restraint questioning implemented within the incident reporting system for start of 2016, as per the Student Behaviour policy and procedures.

 (e)

Year

Number of incidents

2015

62

2016

236

2017

817

2018 (9 October 2018)

467

Note 1: Each occasion equates to a separate incident of restraint of an individual student

Note 2: Improved restraint questioning implemented within the incident reporting system for start of 2016 as per the Student Behaviour policy and procedures.

 

(f)        See Tabled Paper No.