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

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.