Drugs and the law - Hot Topics 59 - Find Legal Answers

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Youth drugand alcohol issuesDRugs in state schooLsState school principals have wide legal powers to makerules about the conduct of the students at their schooland to suspend students who break the rules in a seriousway. Most schools have rules against possessing or usingdrugs at school.If a student is found possessing or using drugs, theywill probably be suspended for at least several days. Ifa student is caught dealing drugs at school they willprobably be expelled, or at least suspended for a lengthyperiod of time.The school may also report the student to the police, inwhich case they will also be charged and brought beforethe court (the Children’s Court if they under 18 yearsof age).If a student is suspended or expelled because of drugsand they are not guilty or they think the penalty is toosevere, they can appeal to the Director General or theMinister for School Education and ask that the decisionbe reconsidered.drugs in privaTe scHOOlsPrivate schools each have different rules. Private schoolprincipals usually have more independent authority.Generally private schools and state schools could beexpected to have a similar approach in cases of possessionor supply at school. Expulsion or suspension are likely,depending on the circumstances.teachers’ powersTeachers do not have the same powers as the police have. Teachers do not have the right to:> search a student, their clothing or their bag (unless the student agrees to being searched)> hold a student or lock them in a room.However, teachers can:> search school property, like a desk or a locker (if thestudent has not paid to use it)> confiscate any drugs they find.The school may call the police, who do have the right tosearch the student.image u navailablesuspension and expulsionState school principals have the power to suspendstudents for a limited period of time, but principals don’thave the power to expel. A decision to expel a student canonly be made by the Department of School Education.The principal must write to the student and their parentsor carers if they are considering recommending expulsionto give the student a chance to dispute the reasons ormake any other comment. If the principal then decidesto recommend expulsion, the student must receive a copyof the principal’s submission to the department. Thestudent has 14 days to make any comment.A Hampton.Youth drug and alcohol issues 21
alcOHOl and yOung peOpleThere is no general law that absolutely prohibitsyoung people drinking alcohol. It is illegal in somecircumstances, but not in others.It is illegal for a person under 18 to possess or drinkalcohol in a public place, if they are not under thesupervision of a responsible adult (Summary Offences Act,section 11). The young person can be fined a maximumof $20 and the alcohol confiscated.It is also illegal for a person under 18 years to drinkalcohol on licensed premises, such as pubs, clubs andlicensed restaurants.But it is not illegal for a person under 18 years toconsume alcohol in a private place – for example, athome or at a private barbecue or party. A person under18 can also legally drink in a public place if they arewith a responsible adult (and provided they are not in adeclared alcohol free zone).image u navailableAnd someone under 18 years can legally drink alcohol inan unlicensed (BYO) restaurant, but only if they are inthe company of a parent or guardian who has approvedtheir drinking.It is an offence for anyone except the parent or guardianof the young person to sell or supply alcohol to a personunder 18 years old, or to obtain alcohol on behalf ofsomeone under 18. Similarly, it is an offence for thelicensee of licenced premises to allow alcohol to besupplied to a person under 18.It is an offence for a young person to obtain or attempt toobtain alcohol from licensed premises, including a bottleshop (Liquor Act, section 115(1)). It is also an offencefor a young person to use false evidence of age to obtainalcohol (section 113). The maximum penalty in eachcase is a fine of $1100.The exception allowing a parent or guardian to supplyalcohol to a young person does not apply to licensedpremises. In other words, parents and guardians canlegally supply their under 18 year-old children withalcohol, but not in pubs, clubs and licensed restaurants.The maximum penalty for these offences is usuallya $5500 fine, but if the court considers there are‘circumstances of aggravation’ (for example, if the youngperson is very young, or the amount of alcohol suppliedis large), the penalty increases to a maximum fine of$11 000 and 12 months jail (section 114 Liquor Act).TObaccO and yOung peOpleIt is not an offence for a person under 18 to possess or usetobacco cigarettes.However, it is an offence to sell tobacco to a personunder 18. The maximum penalty is a $5500 fine (section59(1) Public Health Act 1991). There is a similar penaltyfor the offence of selling ‘non-tobacco smoking products’(that is, herbal cigarettes) to a person under 18.It is not an offence to give tobacco (or herbal) cigarettesto a person under 18, because the Public Health Act onlyprohibits sale, not supply in the broad sense.See also: Drug offence cautions for people under 18, p 25and Youth Drug and Alcohol Courts, p 26.A Hampton.22HOT TOPICS 59 > Drugs and the law
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