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ARTICLE · 21 MARCH 2020

Teacher reinstated after being dismissed for restraining a student

Cooper Grace Ward
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This WA case is some comfort for schools, including insight into when restraint and other use of force may be reasonable.

AustraliaConsumer Protection

When can a staff member make physical contact with a student, including redirecting and restraining a student?

Uncertainty surrounding physical contact with students has resulted in what can be described as a 'hands off' culture in many schools, with teachers and other staff afraid to make any physical contact with students.

While there is little recent case law in Queensland considering student contact and restraint, the decision of Buttery v State of Western Australia [2018] WAIR 00820, of the Western Australian Industrial Relations Commission from late 2018 provides some comfort for schools, including insight into when restraint and other use of force may be reasonable.

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