In need of legal advice (mobile related) - Sorry if this is the wrong forum

george! · 2nd September 2009, 3:54 PM

tl;dr version:
Is it legal for a teacher to look through a student's phone?

Now for the long version..
So at school yesterday during an assessment task my phone got taken off my by my teacher. She refused to let me take out my SIM card, battery or memory card and threatened that if there was anything on it relating to the assessment I'd fail. I had went to take the battery out and she saw and told me to put it back in.
I tried calling my phone last night to make sure it was still turned off, and thankfully it was. However just a few minutes ago I tried calling it and it was turned on. So now I've got a feeling that my teacher's looked through my phone. And what's worse is that there's been a lot of rumors from teachers in her department having READ THROUGH students SMSes before for cheap laughs.
And the teacher took the phone off me at about 3PM yesterday, yet around midday today we called the school to verify that the head of campus recieved it (the head of campus is meant to get the phone straight away and we collect it from him) and it wasn't logged that he received it. And then a while after we were called informing us he had received it.

So my question is, is it legal for a teacher to look through a student's phone? I know for VCE Year 12 the Curriculum Authority are allowed to, but the device must be sent to them and THEY keep it and check through it. I'm in Year 11, and VCAA do not have juridstiction over things like that.

Now, I know I shouldn't have had my phone with me in class, etc etc.. I've been punishing myself enough for that already.

SLATYE · 2nd September 2009, 3:59 PM

OCAU is not the place for legal advice. If you need legal advice, go see a lawyer.

george! · 2nd September 2009, 4:09 PM

Quote:

Originally Posted by SLATYE

OCAU is not the place for legal advice. If you need legal advice, go see a lawyer.

Sorry, I didn't mean it like SERIOUS legal advice, but it's more just a general question.

kombiman · 2nd September 2009, 4:16 PM

Well SERIOUSLY dont take your phone into class

rakesh1983 · 2nd September 2009, 4:20 PM

I think its a breach of the Privacy Act to be honest, however in saying that you did fuck up. In the grown up world, there are always ramafications for making a mistake - It's how we learn. So soilder on trooper !

supernerd · 2nd September 2009, 4:22 PM

Is it legal for supermarkets to look through your bag, if you choose to bring one into the store?

george! · 2nd September 2009, 4:30 PM

Quote:

Originally Posted by supernerd

Is it legal for supermarkets to look through your bag, if you choose to bring one into the store?

Good point, but at my school it's constantly been said by teachers and staff that they're allowed to look through a students locker, but aren't allowed to look through personal things such as their bags, pockets and the like.

mikloise · 2nd September 2009, 4:48 PM

Even if the teacher looked through it there is no way that you can prove it.

Bracken · 2nd September 2009, 4:54 PM

a mates woman is a teacher, and yes, they do go through them.
we hear all sorts of funny stories, i look forward to visits and stories of stupid school kids.

Rezin · 2nd September 2009, 5:00 PM

Lesson learnt - put a timeout lock and startup lock on your mobile.

bennyg · 2nd September 2009, 5:23 PM

What right does a teacher have to confiscate your shit anyway? especially after school time is out.

If she is allowed to look through the phone to see if anything relating to the assessment is on it, you can't do jack about it.

Damianb · 2nd September 2009, 5:23 PM

Quote:

Originally Posted by supernerd

Is it legal for supermarkets to look through your bag, if you choose to bring one into the store?

Yup... You agree to it when you walk in.

(you may not notice it but there are signs everywhere at the entrance saying they can look in your bag)

2nd September 2009, 3:54 PM	#1
george! Member Join Date: Oct 2005 Location: Melbourne Posts: 683	In need of legal advice (mobile related) - Sorry if this is the wrong forum tl;dr version: Is it legal for a teacher to look through a student's phone? Now for the long version.. So at school yesterday during an assessment task my phone got taken off my by my teacher. She refused to let me take out my SIM card, battery or memory card and threatened that if there was anything on it relating to the assessment I'd fail. I had went to take the battery out and she saw and told me to put it back in. I tried calling my phone last night to make sure it was still turned off, and thankfully it was. However just a few minutes ago I tried calling it and it was turned on. So now I've got a feeling that my teacher's looked through my phone. And what's worse is that there's been a lot of rumors from teachers in her department having READ THROUGH students SMSes before for cheap laughs. And the teacher took the phone off me at about 3PM yesterday, yet around midday today we called the school to verify that the head of campus recieved it (the head of campus is meant to get the phone straight away and we collect it from him) and it wasn't logged that he received it. And then a while after we were called informing us he had received it. So my question is, is it legal for a teacher to look through a student's phone? I know for VCE Year 12 the Curriculum Authority are allowed to, but the device must be sent to them and THEY keep it and check through it. I'm in Year 11, and VCAA do not have juridstiction over things like that. Now, I know I shouldn't have had my phone with me in class, etc etc.. I've been punishing myself enough for that already. __________________ PC:AMD 940\|MA790X-UD4P\|8GB DDR2-1066\|HIS 4870X2\|2xWD 250GB\|Pioneer DVR-213LS/DVR-212D HTPC1/Media Server: AMD X4 940\|MA78GM-DS2H\|4GB DDR2-800\|2x WD 640GB\|Sony Bravia 52" Z-Series HTPC2: AMD 6000+\|MA78GM-DS2H\|4GB DDR2-800\|WD 250GB\|1GB 4850

2nd September 2009, 3:59 PM	#2
SLATYE SLATYE, not SLAYTE Join Date: Nov 2002 Location: Canberra Posts: 25,773	OCAU is not the place for legal advice. If you need legal advice, go see a lawyer. __________________ Main system: Phenom II X4 920 \| 8GB (4x 2GB) DDR2-800 \| Gigabyte M57SLI-S4 v2.0 \| Leadtek Geforce 9600GSO 384MB \| Enermax Modu82+ 525W \| 1TB Hitachi HDD \| 3.5" + 5.25" FDD Laptop: Compal EL80 \| C2D T7200 \| 320GB Fujistu HDD \| 2GB DDR2-667 \| GF Go 7600

2nd September 2009, 4:54 PM	#9
Bracken Member Join Date: Dec 2002 Location: Ingleburn Posts: 740	a mates woman is a teacher, and yes, they do go through them. we hear all sorts of funny stories, i look forward to visits and stories of stupid school kids. __________________ ===========<() BRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRRR!!!!!!

2nd September 2009, 4:20 PM	#5
rakesh1983 Member Join Date: Jun 2006 Location: Melbourne Posts: 273	I think its a breach of the Privacy Act to be honest, however in saying that you did fuck up. In the grown up world, there are always ramafications for making a mistake - It's how we learn. So soilder on trooper !

2nd September 2009, 4:22 PM	#6
supernerd Member Join Date: Aug 2003 Posts: 208	Is it legal for supermarkets to look through your bag, if you choose to bring one into the store?

2nd September 2009, 4:48 PM	#8
mikloise Member Join Date: Aug 2004 Location: Brisbane Posts: 1,028	Even if the teacher looked through it there is no way that you can prove it.

2nd September 2009, 5:00 PM	#10
Rezin Member Join Date: Oct 2002 Posts: 8,017	Lesson learnt - put a timeout lock and startup lock on your mobile.