It is an offence for a person who assaults, stalks, harasses or intimidates any school student or member of staff of a school while the student or member of staff is attending a school under Section 60E of the Crimes Act 1900 (NSW). Penalties may include imprisonment.

Elements

A person commits an offence if they assault, stalk, harass, or intimidate a school student or a member of school staff while that person is attending school, even if no actual bodily harm is occasioned. A person can be liable to 5 years imprisonment.

If a person assaults a school student or a member of staff while they are attending school and the assault occasions actual bodily harm, a person can be liable to 7 years imprisonment.

A person who wounds a school student or staff member, or causes them grievous bodily harm while they are attending school, and is reckless as to causing actual bodily harm to that student or member of staff, can be liable to 12 years imprisonment.

It is also an offence for a person to enter school premises with the intention of committing an offence under another provision of this section. A person can be liable to 5 years imprisonment.

Penalties

Penalties may vary depending on the circumstances of the matter. The maximum penalty is 12 years imprisonment.

Definitions

Member of staff of a school includes a person who performs voluntary work for the school.

School means an infants school, primary school or secondary school, and a child care facility for children under school age.

School premises includes parks and other community premises that are used by a school while they are being used for the purposes of the school.

School student includes a child attending a child care facility.

A school student or member of staff of a school is taken to be attending a school:

• while the student or member of staff is on school premises for the purposes of school work or duty, even if they are not engaged in school work or duty at the time, or
• while the student or member of staff is on school premises for the purposes of before school or after school child care, or
• while entering or leaving school premises in connection with school work or duty or before school or after school care.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong, paralegal.

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