The NSW Government has introduced the Education Amendment (School Community Safety) Bill 2026 intended to insert a new Part 5B into the Education Act 1990 (NSW).

If enacted, the Bill will:

• introduce new powers for schools to restrict harmful or unreasonable behaviour by adults;
• allow for short-term (immediate) and longer-term (ongoing) orders;
• extend to conduct on school grounds, at school-related activities and online; and
• include review and enforcements pathways, including escalation to the Local Court.

These reforms will apply to both government and independent schools in NSW and are intended to provide a clearer, more tailored framework for responding to escalating or inappropriate conduct.

The proposed reforms respond to growing concerns about harmful behaviour by adults towards school staff. In her Second Reading Speech the Minister noted that in 2024, more than half of school leaders reported threats of violence, with many incidents escalating.

Schools currently have limited formal mechanisms to manage this conduct. They often rely on internal policies or general legal mechanisms that were not designed for modern school environments.

For example, schools may turn to trespass laws to restrict physical access to the school's campus, or to apprehended violence orders in more serious cases.

The proposed framework is intended to fill this gap by giving schools clearer, more flexible powers to respond to unreasonable behaviour. It is also designed to deter misconduct and allow schools to act consistently across school grounds, school-related activities and online interactions.

What is "unreasonable behaviour"?

The Bill defines "unreasonable behaviour" by reference to an objective standard, taking into account the nature and frequency of the conduct. It includes behaviour that is disorderly, offensive, intimidating or threatening, as well as conduct that encourages others to act in this way.

The concept also extends to "unreasonable communication". This captures conduct such as repeatedly contacting or approaching staff, publishing material about a person, or recording or distributing images or audio in an unreasonable manner.

Who can be subject to an order?

Orders may only be made by an authorised person (such as a principal) against a "relevant adult".

A relevant adult is anyone aged over 18 years who is not a student or staff member. In practice, this can include parents and carers, family members, contractors and other members of the school community.

Where the framework applies?

The framework applies to "protected places", which include schools and a broad range of school-related settings.

This extends beyond school grounds to cover:

• venues used for school sport and other activities;
• school camps and events;
• vehicles used by or for the school;
• parent association meeting venues; and
• certain on-site education and care services.

What an order may require?

An order may direct or prohibit the subject person from:

• entering or remaining at a protected place;
• coming within 25 metres of a protected place;
• contacting staff directly or indirectly;
• attending an online meeting; or
• using a school communication platform, including electronic platforms operated for school purposes.

Immediate orders

An authorised person may make an immediate order where satisfied that the adult's behaviour is unreasonable, poses or causes an unacceptable and imminent risk of harm and that the order is necessary to address that risk.

Key features include:

• the order can be given verbally (but must be confirmed in writing);
• it must be no more restrictive than necessary;
• it takes effect immediately and remains in force for up to 14 days (with a single extension of up to a further 14 days available);
• it can be revoked at any time; and
• where the order affects a parent or carer, the school must still ensure appropriate communication and arrangements for the student's education.

Ongoing orders

For longer-term issues, a principal may make an ongoing order.

Unlike immediate orders, ongoing orders require a consultation process. This includes written notice of the proposed order, an opportunity for the adult to make submissions and consideration of any submissions.

An ongoing order:

• must be necessary and proportionate;
• can operate for up to 12 months (with one extension); and
• must set out review rights.

As with immediate orders, arrangements must be maintained to support a student's ongoing engagement where a parent or carer is affected.

Review rights and enforcement

 A person subject to an ongoing order may seek an internal review within 28 days.

If the outcome is unchanged, they may apply to the NSW Civil and Administrative Tribunal for further review.

If an ongoing order is breached, the matter can escalate to the Local Court.

The Court may impose a protection order with enforceable restrictions. Breach of that order is an offence attracting a maximum penalty of 50 penalty units, currently $5,500.

While the Bill has not yet been enacted, schools may begin preparing for its implementation.  

Governance

Schools should decide who will exercise these powers. While this will often be the principal, there may be value in appointing additional authorised persons, particularly where independence is needed.

Schools should also determine how internal reviews will be managed, including who will conduct them and how timeframes will be tracked.

Policy alignment

The proposed framework will operate alongside existing tools such as trespass laws and Apprehended Violence Orders (AVOs). Schools should clearly map when each option is appropriate and ensure staff understand escalation pathways.

In due course, schools should also consider updating internal policies to reference the new framework and powers available to the school. 

Record keeping

Given the availability of review rights, clear and consistent record-keeping will be critical.

Records should capture:

• what occurred;
• the evidence relied on;
• the risk assessment; and
• why the response was appropriate and proportionate.

Parent engagement

Where an order affects a parent or carer, schools must still ensure effective communication about the student's education and appropriate access arrangements. Preparing templates and standard processes will support consistent compliance.

• Clearer powers for schools: the Bill introduces a structured framework for schools to directly deal with unreasonable adult behaviour across physical and online environments.
• Built-in safeguards: longer‑term orders involve notice, an opportunity to respond and independent review pathways.
• Preparation is key: schools should review governance, policies and record‑keeping now so they are ready if the reforms are enacted.

Please reach out to our Education team for assistance in preparing for these reforms and ensuring your school is ready to meet the proposed