Alcohol and Other Drugs Policy

1. What is this policy about?
   1. This policy explains the requirements of schools regarding the possession, consumption or selling of alcohol and/or illegal drugs in schools and during school related activities.
   2. This policy provides schools with additional information on supporting the cohesive approach to:
      • reducing alcohol and other drug use.
      • responding to drug or alcohol related incidents.
      • supporting staff and students involved in alcohol and other drug use.
2. Policy Statement 

References
1. Alcohol will not be consumed on school premises except where the principal has given an exemption for appropriate special occasions, social functions and activities at times where students are not present or when unaccompanied by a supervising adult.
2. Alcohol will not be carried in government vehicles except where prior approval in writing has been given for a special occasion by the principal.
3. Alcohol must not be consumed prior to driving or whilst in government vehicles.
4. Students, regardless of age, are not permitted to consume, possess or sell alcohol at any school activity including school excursions, outdoor adventure activities and camps.
5. Staff will not consume alcohol during hours of duty and/or when they have a continuing responsibility for students, including under flexible/hybrid working arrangements. This includes school excursions, outdoor adventure activities and any other school activity held outside ordinary school hours.
6. Staff must ensure that they are not under the influence of alcohol during hours of duty and/or when they have a continuing responsibility for students, including under flexible/hybrid working arrangements.
Illicit Drugs
7. The possession of illicit drugs is illegal and may be considered a criminal offence. The distribution of illicit drugs is a criminal offence. Possession and distribution of illegal drugs is not permitted under any circumstances on school premises, in government vehicles and at any school activity including school excursions, outdoor adventure activities and camps.
8. Driving while under the influence of illicit drugs, including any amount of cannabis is a criminal offence. Any persons found to be operating a government vehicle under these circumstances will be reported to the police immediately.
9. Staff must ensure that they are not under the influence of illicit drugs during hours of duty and/or when they have a continuing responsibility for students, including under flexible/hybrid working arrangements.
10. Where information pertaining to the possession, consumption or distribution of illicit drugs by staff, students or anyone within the greater school community obtained by the school will be reported to the police.
Cannabis
11. Cannabis use is not permitted under any circumstances on school premises, in government vehicles and at any school activities including school excursions, outdoor adventure activities and camps.
12. Staff must ensure that they are not under the influence of Cannabis during hours of duty and/or when they have a continuing responsibility for students, including under flexible/hybrid working arrangements.
13. Where information relating to the exposure of a child or young person to Cannabis smoke or the storing of Cannabis where a child or young person can reach it is obtained by the school, the school will report to the police immediately.
Non-school sponsored student social occasions
14. Principals will ensure staff attending students’ social occasions not sponsored by the school, for example Year 12 end of year activities, are informed of the possible implications of attending such activities and are aware of their responsibilities. These responsibilities include high standards of professional behaviour, duty of care obligations and adherence to Directorate policies.
Accredited courses
15. Students under the age of 18 years must not serve liquor unless it is within a course requirement and the course provider is the Canberra Institute of Technology (CIT) or a Registered Training Organisation (RTO) approved to conduct Responsible Service of Alcohol (RSA) training in the ACT.
16. The registration of the organisation must be confirmed by the school before the school enrols the student in the course. This can be done online at www.training.gov.au. This confirmation must also be undertaken for commercial training schools for which the government school acts as an agent.
Work experience
17. Students under the age of 18 years must not be placed in positions which will require them to serve alcohol.
18. Students 18 years of age and over may be placed in work experience positions requiring them to serve alcohol. The approved work experience guidelines must include the suitability of the placement for the individual student concerned and address the requirements of serving alcohol. Work experience placements must comply with the provisions contained in the Liquor Act 2010 (the Act).
Social functions and activities
19. Consumption of alcohol is permitted at social and school fund raising occasions involving staff and/or parents.
20. Prior approval for possession and consumption of alcohol must be given by the principal for occasions where school staff, school boards or parent and citizen associations wish to provide or sell alcohol. This must occur for each individual function and must be in writing.
21. Parents must be advised in advance, by the principal or function coordinator, where alcohol will be supplied at a social function or school fund raiser. Parents must be advised that students are not permitted to attend such an event unaccompanied by a supervising adult.
22. Students in attendance with parents at social and school fund raising occasions are the responsibility of parents.
23. Where alcohol is sold, a licence or permit is mandatory and the requirements under the Act are to be observed and followed. A licence or permit is obtained through the Office of Regulatory Services.
24. The function must not occur during normal school hours or at times when any school activities involving students are in progress.
25. Principals are ultimately responsible for the function and should be in attendance. Prior to a function, the principal must ensure that staff are informed and understand their responsibilities and obligations.
Community education programs
26. Alcohol in moderate amounts may form part of specific community education programs. The facilitator must get prior permission from the principal to run the program.
27. The purpose and conduct of the program must be clearly documented and specify that the consumption of alcohol is appropriate in the context of the course. The facilitator running the program must provide this information to the principal when seeking permission.
28. Where alcohol is being supplied, the requirements under the Act are to be observed and followed.
29. Other relevant requirements of this policy must also be observed.
Community use of school facilities
30. Community hirers of school facilities for purposes other than school related functions, activities and/or community education programs are not permitted to bring alcohol onto or consume alcohol on school premises.
31. Production companies or equivalent who hire school theatres, must comply with the provisions as stated in the policy Community Use of School Facilities, the Facility Hiring Agreement and the Act.
32. Hirers of school theatres are permitted to sell alcohol provided they have the relevant liquor licence and comply with the Act. Hirers must comply with any special provisions that are stipulated on their liquor licence.
Responding to alcohol and other drug related incidents involving a student/students
33. Schools must adhere to the Critical/Non-Critical Incident Management and Reporting Policy to ensure appropriate management and reporting of incidents for students who are substance-affected during school hours or who are suspected of possessing, supplying or consuming alcohol or other drugs.
34. Additionally, schools must follow the procedures below:
    • Assess immediate health needs and call 000 to report any situation where there is a threat to life.
    • Stay calm to ensure minimisation of harm, particularly for people affected by stimulants and inhalants.
    • Keep other students safe by isolating other students from the situation where necessary.
    • Where possible, gather facts and relevant information. For example, ascertain what substance(s) were taken, how much was taken, when was it last taken and if taken in combination with other substances (including medications).
    • Safely remove and store any suspected alcohol, drugs and related materials until they can be handed over to the relevant authorities.
    • Complete a Student Accident/Incident Report which should then be forwarded to the School Operations of the Directorate by email to School.Operations@act.gov.au. This must be completed as soon as practicable or in any event within 48 hours of the accident/incident. The Risk, Security and Emergency Management Section will notify the ACT Insurance Authority (ACTIA) of any accidents/incidents where appropriate.
Responding to alcohol and other drug related incidents involving a staff member
35. Schools must advise their HR Business Partner within People and Performance immediately if one of their staff are substance-affected during school hours or who are suspected of possessing, supplying or using alcohol or other drugs. For more information email: HRBP.EDU@act.gov.au
36. People and Performance will ensure the appropriate management and reporting of any staff related alcohol and other drug related incidents. This may include referral to the Public Sector Standards Commissioner for a misconduct process in accordance with Section G of the relevant Enterprise Agreement. Additionally, being intoxicated in the workplace may amount to serious misconduct under Section 1.07 of the Fair Work Regulations 2009.
37. The Directorate has a duty of care for their staff and acknowledges that alcoholism and substance abuse may constitute a medical condition. Where appropriate, the Directorate will support schools to take all reasonable steps to provide access for affected staff to alcohol and other drug support services.
Notification to authorities
38. Schools must notify the relevant authority as required as soon as practicable. This includes;
    • All accidents/incidents involving children in early childhood schools and preschools should be reported to Children’s Education and Care Assurance (CECA) on 6207 1114.
    • Refer to the Student Engagement Team for additional support from one of their health professionals via the Request for Support form.
    • Where there is knowledge of an alleged criminal offence including procuring a child to traffic drugs, supplying drugs to a child for the child to sell, and smoking Cannabis in the presence of children, the police must be notified.
Notification to Parents or Carers
39. Principals should notify parents or carers of a student’s alcohol or other drug use as soon as practicable. Confidentiality issues should be clearly communicated to students.
Prescription and controlled drugs
40. Prescription drugs must only be taken as prescribed, and the appropriate medical authority should be provided to the school to allow the school to administer as required.
41. For more information on requirements and responsibilities for the administration of medication in ACT Government schools, refer to the First Aid Policy
42. The use of prescription drugs for purposes other than as prescribed is prohibited while at school or at any school event/activity, due to the serious health risks associated with misuse.
Other drugs and stimulants
43. There are a number of other drugs or stimulants that are not illegal however, carry risks for those who consume them. Staff must ensure that they are not under the influence or impaired in any capacity during hours of duty and/or when they have a continued responsibility for students.
3. Who does this policy apply to?
   1. This policy applies to all ACT public schools, principals, school based staff, students, parents, local and wider community members.
   2. This policy also applies to Directorate staff when in attendance at a school premises.
   3. All other Directorate staff who are not school based are covered by the ACT Public Services Alcohol and Other Drugs Policy.
4. Context
   1. There are circumstances where the possession and/or consumption of alcohol at a school or school related activity, including social events involving staff and parents, accredited courses and work experience may be appropriate. At all times, expectations about high standards of professional behaviour, duty of care obligations and adherence to Directorate policies apply.
   2. The Directorate has a duty of care, through its staff, to take all reasonable steps to minimise the risk of injury and prevent harm to students.
   3. Staff have a responsibility to carry out their duty of care at all times and perform their official duties in accordance with the Public Sector Management Act 1994
   4. The Liquor Act 2010 prohibits a child or young person under the age of 18 years from purchasing or consuming alcohol on any occasion.
5. Responsibilities
   1. Principal: The school’s principal is responsible for implementing this policy.
   2. Policy Owner: The Executive Branch Manager, People and Performance is responsible for this policy.
6. Monitoring and Review
   1. The Policy Owner monitors the policy. This includes an annual scan of operation and review. A full review of the policy will be conducted within a three-year period.
7. Contact
   1. For support contact People and Performance Branch on 6205 9150 or email whs.edu@act.gov.au.
8. Feedback
   1. Any concerns about the application of this policy or the policy itself, should be raised with:
      • the school principal in the first instance;
      • the Complaints and Feedback Unit on (02) 6205 5429.
      • online at https://services.accesscanberra.act.gov.au/s/forms/education-feedback ;.
      • see also the Complaints Policy on the Directorate’s website.
9. References
   1. Definitions
      • Duty of care: is a duty to take reasonable measures to protect students against risk of injury which could reasonably have been foreseen. The duty is not to ensure that there is no injury but to take reasonable care to prevent injury which could reasonably be foreseen.
      • A parent: is a person with parental responsibility for the child. Includes a carer.
      • School functions and activities: include the variety of learning, recreational sporting and social occasions which are organised by a school or with the assistance of school staff. They also include social and fundraising activities organised by the school board or by the parent and citizens’ association.
      • Accredited courses: An accredited course is nationally recognised and meets quality assurance requirements, meets an established industry, enterprise, educational, legislative or community need, and provides appropriate competency outcomes and a satisfactory basis for assessment.
      • Work experience: is a student’s short term unpaid participation in the workplace as a learner and observer.
      • Alcohol: is a liquid substance that, when taken or administered into the body, has a physiological effect.
      • Alcoholism: is an addiction to the consumption of any alcohol leading to alcohol dependency.
      • Drug Related Substance Abuse: is an addiction to the consumption of any drug which leads to drug dependency.
      • Drugs: A drug is any substance that, when taken or administered into the body, has a physiological effect. This can include a range of substances including legal drugs such as prescription medication, or illegal drugs.
      • Illicit drugs: refers to drugs that the law makes illegal to use, possess, cultivate or traffic.
      • Cannabis: Cannabis is a substance that, when taken or administered into the body, has a physiological effect. Cannabis is not a legal drug in the ACT however, amendments have been made which exempt individuals from criminal liability in certain circumstances.
      • Legal drugs: refers to drugs that are legal but may be used in ways that are unlawful and/or harmful.
      • Harm minimisation: A harm minimisation approach aims to reduce the risks associated with alcohol or drug use, and promote healthier alternative behaviours for individuals.
      • Workplace: refers to a place where work is carried out for a business or undertaking and includes any place where an employee goes, or is likely to be, while at work (includes vehicle, vessel, aircraft or other mobile structure) or while representing their employer in an official capacity.
   2. Legislation
      • Liquor Act 2010 regulates the sale, supply, promotion and consumption of liquor.
      • Drugs of Dependence Act 1989 (DODA), the Criminal Code 2002 (ACT) and the Medicines, Poisons and Therapeutic Goods Act 2008 (ACT) regulate drug offences within the ACT. Under these legislative instruments there are offence provisions for a range of drugs including modern synthetic types.
      • Public Sector Management Standards 2016 (repealed), s17 relates to the consumption and carriage of alcohol by an employee.
      • Public Sector Management Act 1994
   3. Related Policies and Information
      • Chief Executive’s Financial Instructions - Accounting Procedures 2.5 Official Hospitality
      • Facility Hiring Agreement
      • HR Advice End of Year Activities
      • Liquor Practice Manual and the Guide to the Liquor Act 2010
      • Code of Conduct – Teachers School Leaders and Principals
      • Code of Conduct – School Based Staff

      These Code of Conducts outline expectations of professional and ethical conduct for staff members in schools and provide a guide for professional practice.

      • Administration of Student Medication and Complex Health Care Procedures
      • Critical/Non-Critical Incident Management and Reporting Policy and Procedures
      • Student Accident and Incident Policy
      • First Aid Policy
      • ACT Public Services Alcohol and Other Drugs Policy

Alcohol and Other Drugs Policy: 00026 is the unique identifier of this document. It is the responsibility of the user to verify that this is the current and complete version of the document, available on the Directorate’s website at http://www.education.act.gov.au/publications_and_policies/school_and_corporate_policies/A-Z.