Education and Children's Services (Barring Notices and Other Protections) Amendment Bill 2025

The Hon. J.S. LEE (17:17): 

I rise today to speak in support of the Education and Children's Services (Barring Notices and Other Protections) Amendment Bill 2025. We expect schools and educational settings to provide a safe and conducive environment to encourage children and students to learn and develop their full potential. This bill aims to introduce safety measures to address antisocial behaviours and protect students and staff from harm and disorderly incidents.

It is concerning to hear that there has been a significant increase in the frequency of barring notices being issued in educational settings, despite the power to prohibit or bar individuals from entering premises having been given to educational leaders for over 20 years. This increase of up to 200 per cent of barring notices, along with circumstances where the current legislation does not adequately meet the needs of our education environments, shows that it is time to address the sector's concerns and make these amendments.

However, we should be mindful and keep in perspective how few of these notices are issued each year. In 2024, there were only 108 issued, with the peak in 2023 of 134, which was a significant increase on the 58 in 2020. It is common sense to ensure that physical altercations that occur just outside school premises but are visible to children, or incidents that happen during excursions, are addressed by legislation, which is not currently the case.

Additionally, the rise of online communications, social media and misinformation have also created new challenges that our current legislation does not cover. This bill seeks to expand the existing powers of the current act to support our frontline educational workers. Where a site leader reasonably believes that a person poses a risk to someone else, disrupts the learning environment or engages in vexatious communications with staff, such as bombarding them with contact even after being asked to stop, they can issue a barring notice. The maximum period of these notices will be increased from three months to six months, providing more scope and flexibility to address those challenging issues.

It is reassuring to note that any staff member can ask someone to leave the premises if they are behaving inappropriately. Currently, such individuals cannot return for 48 hours, but this will be amended to read 'two business days'. This change ensures that incidents occurring on a Friday do not allow the individual to return on Monday, giving more time for school leaders to address the situation or seek a barring notice.

The bill also allows for responses to threats made over the phone before any actual incident occurs. The maximum penalties for these offences will be increased and conditions can now be placed on barring notices, such as maintaining a distance of 25 metres from the premises. This is crucial for situations where individuals hang around the gates or yell at people during drop-off and pick-up times. This amendment aligns South Australia's legislation with that of Victoria, Western Australia and Queensland, which have similar provisions. Importantly, there will still be allowances for parents to safely drop off and pick up their children and communicate with a specified staff member.

Data from The Australian Principal Occupational Health, Safety and Wellbeing Survey in March 2024 highlighted concerning trends regarding sources of bullying and harassment within schools. Parents and carers figured prominently in reports involving bullying (57.9 per cent), cyberbullying (88.5 per cent), gossip and slander (65.1 per cent) and sexual harassment (39 per cent). They are very concerning statistics.

This legislation is designed not only to empower school leaders but also to serve as a significant deterrent against future abuses. By enhancing the scope of protective measures for educational professionals, we seek to foster a safer and more respectful environment conducive to learning and teaching. It is encouraging to hear the overwhelming support from the sector for this change and the department's commitment to supporting school leaders with other measures before issuing barring notices.

It is not in the school's interest to bar parents prematurely because they are important and long-term members of the community. Restorative actions are necessary to reintegrate them. Since 2019, there has been a 250 per cent increase in operational options, such as formal warning letters, restorative meetings and communications. These measures, along with additional flexibility for school leaders, should help decrease the number of barring notices issued. Barring notices are highly modifiable, depending on the situation, location, safety and best interests of the student. They are not intended to be purely punitive but often provide a reset or a breather to help repair the relationship with the school.

The Hon. Frank Pangallo has indicated that he will be moving amendments, which I will consider at the committee stage. This bill seeks to provide a safer and more supportive environment for our education workforce, and also provides them with the necessary tools to protect themselves and their students. With those remarks, I support the bill.