Australian Metal Detecting and Relic Hunting

Australian Metal Detecting and Relic Hunting Forum

* Share it Around


 Its OFFICIAL. This should put an end to the SCHOOL DEBATE(Read 20473 times)
Isnt the internet marvellous, there is nothing that you cant find.

Libraries are just as good, ask  the right person and they can tell you practically everything you want to know


Dear Sir,

Further to your inquiry "is being on School Grounds Trespass"  and "is School Land Public"

I enclose 2 Entries  from the Education Act (1997)


6.16.11.1 Warning notices for trespassers on school premises

School Trespass is being on school land between 6pm and 7am without lawful excuse

Under the Summary Offences Act 1966 (the Act), Principals and head teachers have comprehensive powers to deal with

trespassers, including the power to:

? issue formal warnings to persons not to enter the school premises
? erect signs prohibiting trespassers
? order persons and trespassers off school property
? authorise others to exercise the powers on behalf of the principal/head teacher.

Under the Act, a person who enters the school premises after being previously warned by the principal/head teacher not to

enter, or in breach of a prominently displayed sign, will be guilty of trespassing (unless they had some other legitimate

purpose for entering). The police can be called and the person may be charged with an offence.

In certain circumstances, a trespass warning notice can be issued to a person, providing a warning that the person may not

enter a particular school without a legitimate purpose for a period of up to 12 months.

These powers to deal with trespassers are significant powers, and Principals should ensure that the powers are used with

prudence. Depending on the situation, it may be appropriate to consider alternatives to the issue of a trespass warning

 notice – such as, for example, a letter of warning that certain standards of behaviour are not acceptable on school premises.

The police may also be called to assist.


6.16.11.2 School land not a public place

Except for certain limited purposes under the Summary Offences Act 1966 and the Control of Weapons Act 1990, a school is

not a ‘public place’. There is no general right of the public at large to be there, either within or outside school hours. A school

ground is not ‘public land’. It is land held by the Minister for Education for educational purposes. The principal who, by virtue

of their position or office, has control and management of that land, may give any necessary directions accordingly, and is

clearly entitled to call upon the police whenever necessary to assist in enforcing those directions.

Hopefully that is enough said




« Last Edit: October 02, 2011, 11:36 by Meggie »
  • Detector(s) owned/used: Bounty Hunter IV (Sold), Garrett AT PRO (Current), Garrett PinPointer, Minelab ProFind
  • Oldest find: 1863 ITALIAN 50 CENTESIMI, 1884 BRITANNIA PENNY,1881 BRITISH THREEPENCE, 1911 AUSTRALIAN HALF PENNY
Decimal Tally     Pre Decimal Tally      Silver Tally
$344.41           3 Pd / 6s / 1d             72

Total Decs          Total Predecs
   636                       262

detectorsmurf on youtube
http://www.youtube.com/DetectorSmurf



Good post Smurf.
  • Detector(s) owned/used: Owned,Two Mlb 5000. Sovs,GT and XS, Ace 250's.
  • Oldest find: Ancient gold and 1797 cartwheel penny.



nice work mate
  • Detector(s) owned/used: Minelabs X-Terra 30 & Garret Pinpointer Pro
  • Oldest find: 1900 3p



I was told that this act covers all states and territories in Australia
  • Detector(s) owned/used: Bounty Hunter IV (Sold), Garrett AT PRO (Current), Garrett PinPointer, Minelab ProFind
  • Oldest find: 1863 ITALIAN 50 CENTESIMI, 1884 BRITANNIA PENNY,1881 BRITISH THREEPENCE, 1911 AUSTRALIAN HALF PENNY



Nice research Smurf

this should be made a sticky  ;)
  • Detector(s) owned/used: Zed, SDC, GPX 5000, CTX 3030, Excalibur, Vaquero and Compadre, GP3500/2200D green machine
The earth can provide for all mans needs
but not for his greed's



That clears things up nicely - well done Smurf.

Mods can you please make this a sticky ASAP?
  • Detector(s) owned/used: Tesoro Cibola & Minelab Etrac
  • Oldest find: Spanish 2 Reale - from between 1760 - 1771



Can you also post in this sticky where it states permission from principles overrides this.

many thanks
  • Detector(s) owned/used: Minelab: Sov GT, Quattro. Tesoro Lobo, Tejon, Sand Shark, Amigo
  • Oldest find: 1844 Shilling
Adelaide Lost Ring Search
http://lostringsearch.com



Thanks for the info.
my word of the day will be prudence.




Nice smurf - thank you.

Prudence - hmmmm might have to google that one  :o
  • Detector(s) owned/used: Minelab XTerra 705, Sovereign GT
  • Oldest find: 1857 Gold Half Sovereign
SuperSnoopy36 on YouTube!

www.youtube.com/supersnoopy36



Great post,this should answer everyone's questions regarding metal detecting in schools :)
  • Detector(s) owned/used: Garrett Ace 250,Garrett Pro Pinpointer,Garrett AT Pro
  • Oldest find: 1892 British Penny/1897 Queen Victoria Medallion
2016 Finds!

Pre-Dec Silver Tally:
Pre-Dec Copper Tally:
Goldies:$
Brown Buggers:

Silver Tally Total:34
Half Penny Tally Total:51
Penny Tally Total:70
Goldies Total:$333
Brown Buggers:364
Silver rings Total:4
Gold rings Total:0
Junk rings Total:4
PB:$32.75



Ok just to add to this. As I've had 12 years dealing with nasty little trespassers the law states & in regards to smurfs research, that 3 verbal warnings by the owner or person acting on behalf of the owner must be given. After the 3 warnings are given the police may be called. The police then have to issue 3 verbal warnings before they issue a fine.
I know all you guys & girls out there won't let it come to that & do the right thing.
  • Detector(s) owned/used: Too many.
  • Oldest find: Roman coin
It's all about having fun.
www.aussiedetectors.com




Well, thank heavens for some sort of finish to this subject.

(It's all academic, anyway.) ;)
  • Detector(s) owned/used: Whites DFX + 5 Coils (retired)- Currently, ML Safari with RNB Battery,Whites MX5
  • Oldest find: 1817 George 3 Shilling
If I can't handle it, I'll go & have a few beers, or a red wine....or both.... & go from there!



Ok just to add to this. As I've had 12 years dealing with nasty little trespassers the law states & in regards to smurfs research, that 3 verbal warnings by the owner or person acting on behalf of the owner must be given. After the 3 warnings are given the police may be called. The police then have to issue 3 verbal warnings before they issue a fine.
I know all you guys & girls out there won't let it come to that & do the right thing.

To add further to this.  In NSW normally to be charged with trespassing, you have to be asked to leave by the land owner and when the police arrive, the land owner will then ask you again in their presence.  It doesn't have to be 3 times. However under the Enclosed Lands Act, if you are inside a clearly outlined boundary (fence) the police can arrest you on sight without the owner having asked you at first.  Most of the schools in NSW are clearly sign posted stating this fact.   

As I mentioned earlier in the ACT (Canberra) most of the schools ovals double as the neighbourhood oval, they were designed that way.  Due to increased vandalism (big money in fixing what these shit bags do to the schools) the ACT schools are putting fencing near the immediate building grounds to deny access to the building themselves.  The playing fields and playgrounds are still open to the public.  The warning signs are posted on the school building and basically say to stay out of the building and immediate ground (about 5m from building).
  • Detector(s) owned/used: Beaten up ETrac, CTX 3030
  • Oldest find: 1655 French coin (found in Australia)



wonderful that you take the time to research info that helps many. Unfortunately I bet those imbeciles will not read the relevant posts because they are not interested in the 'correct' way of doing things....

the hard work of many can be quickly undone by a few and ruin things permanently.

Hope the lesson was learned and those 'guests' to the site take note of the importance of 'taking care' of their hobby. ie nasty messy plugs, wrongful entry.... and so on and so forth....

I must approach the school principle where my kids go, Xavier and I have a time capsule to find.....

cheers  :o
  • Detector(s) owned/used: At Pro
  • Oldest find: 1889 English Half Penny
Partner, Media manager and Promoter for Xavier... lol



Great research Smurf very helpful, cheers mate  :)
  • Detector(s) owned/used: Bounty Hunter Tracker IV
  • Oldest find: 1910 Australian Three Pence



just wondering thou is it still tresspassing on school holidays when nobody is there?
  • Detector(s) owned/used: minelab GPX5000,minelab eureka gold,goldseeker 1200
  • Oldest find: 1842 token thing



Private property is still private property when no ones there.
  • Detector(s) owned/used: Too many.
  • Oldest find: Roman coin



just wondering thou is it still tresspassing on school holidays when nobody is there?

YES. YES. YES!! ANYTIME - school holidays, after hours, weekends. VERBOTEN!

Please comply with the regulations.

WW
  • Detector(s) owned/used: Tesoro Cibola & Minelab Etrac
  • Oldest find: Spanish 2 Reale - from between 1760 - 1771



but if cop or teacher goes past and sees you ask you what your doing and you tell them what you saying and they dont tell you too get off the land is it ok?
  • Detector(s) owned/used: minelab GPX5000,minelab eureka gold,goldseeker 1200
  • Oldest find: 1842 token thing



Nope - best to get permission beforehand as it could save you a whole world of trouble. Believe me it's not worth the risk, or the damage to our profession.
  • Detector(s) owned/used: Tesoro Cibola & Minelab Etrac
  • Oldest find: Spanish 2 Reale - from between 1760 - 1771



ok :) just making that last point clear there is 2 very old schools near me that i wouldnt mind having a swing around
  • Detector(s) owned/used: minelab GPX5000,minelab eureka gold,goldseeker 1200
  • Oldest find: 1842 token thing



It is ALWAYS best to get permission,
With the amount of schools that are adopting the SCHOOL WATCH program
there will always be someone watching
will save you a heap of hassles with that bit of paper in your pocket
  • Detector(s) owned/used: Bounty Hunter IV (Sold), Garrett AT PRO (Current), Garrett PinPointer, Minelab ProFind
  • Oldest find: 1863 ITALIAN 50 CENTESIMI, 1884 BRITANNIA PENNY,1881 BRITISH THREEPENCE, 1911 AUSTRALIAN HALF PENNY



Why not become part of the programme? Offer to be that extra set of eyes. Get the permission & be more relaxed when doing your thing. Nothing worse then watching over your shoulder & worrying about getting caught.
  • Detector(s) owned/used: Too many.
  • Oldest find: Roman coin



ok im offically confused there is a lot of conflictiong info from the origonal post and members....on 1 hand i can detect in a school providing it is not between the houres of 6pm and 7am unless theres a sign saying do not enter or whatever 2ndly before u get charged with tresspassing u need to have a total of 6 warnings 3 warnings  from the principal and 3 from the police 3rd police can arest u on site straight away....but 4thly if a gate is open and not shut according to law its not counted as tresspassing as there "inviting u in"
  • Detector(s) owned/used: ell cheapo chinesse detector, bounty hunter IV, garret pro pointer , at pro,pro find,deus
  • Oldest find: 1875 shilling



The law is clear, if you are caught on school grounds outside of school hours without permission you can be charged with Tresspass

Even during school hours you have to go to the main office and state your bussiness and then sign it

It cant be any more clearer
  • Detector(s) owned/used: Bounty Hunter IV (Sold), Garrett AT PRO (Current), Garrett PinPointer, Minelab ProFind
  • Oldest find: 1863 ITALIAN 50 CENTESIMI, 1884 BRITANNIA PENNY,1881 BRITISH THREEPENCE, 1911 AUSTRALIAN HALF PENNY





exclamation
The official word on US vs AUSTRALIA AT Gold

Started by Aussie Detecting on Garrett

0 Replies
1024 Views
Last post September 27, 2012, 20:53
by Aussie Detecting
xx
VOTE for your 3 best designs for our Official Forum Shirt Patch

Started by Smurf on General Detecting Chatter

16 Replies
3220 Views
Last post March 07, 2011, 18:34
by daviddi
xx
Never know what you can dig up at a school.

Started by downunder on General Detecting Chatter

0 Replies
1236 Views
Last post August 27, 2010, 16:05
by downunder
clip
Another Old School

Started by ianw on General Detecting Chatter

7 Replies
1808 Views
Last post August 14, 2012, 12:10
by ianw