Educate Plus

School Law Update: Restricting personal mobile devices in Victorian Independent schools

School Law Update: Restricting personal mobile devices in Victorian Independent schools

Update provided by Steven Troeth, Partner, Gadens

Since 2020 Victorian government schools have been required to ensure that student mobile phones were switched off and securely stored during the school day.

The Government says that this policy has improved student focus on learning and increased student socialisation and physical activity during breaks.  It also says that there have been fewer incidents of cyberbullying and critical incidents involving mobile phones during school hours since the introduction of the policy.

With the development of technology, the Government says that its schools have reported increasing issues surrounding the use of other sorts of devices.  It says that other devices can be a distraction in the classroom, with many able to covertly capture images and footage, carrying significant privacy and safety risks.

New policy on mobile devices for all Victorian schools

All Victorian non-government schools will have until 1 July 2027 to implement a policy that restricts student use of personal electronic devices during school hours.  This timeframe ensures that schools have sufficient time to develop a policy that satisfies the new requirement. 

Personal electronic devices include mobile phones, wearable devices and personal audio devices, which could include smartwatches and earbuds.

This new prescribed minimum standard for school registration goes further than the existing requirements on government schools which only applies to mobile phones.  It is intended to reduce some of the harmful effects of all sorts of devices and support improved student learning, engagement and mental health outcomes.

Compliance

The new minimum standard also requires that a school’s policy must contain matters required by a Ministerial Order. 

A Ministerial Order has not yet been made.  However, it is likely to include such matters as:

•      categories of devices which must be subject to the restrictions;

•      any exceptions – such as allowing appropriate use of devices for health, learning or safety reasons;

•      the way the policy will implement and ensure compliance with its requirements – such as how records are to be kept and exceptions are to be issued and recorded.

Action required

The implementation date of 1 July 2027 is to provide schools with sufficient time to develop a policy to satisfy the new minimum standard and any accompanying Ministerial Order. 

Independent schools that have not so far imposed any restrictions on the use of personal electronic devices may consider it appropriate to implement interim or graduated measures leading up to the 1 July 2027 implementation date. 

If you have any questions about this update or its implications for your school, please contact our team.

Reference:  Education and Training Reform Amendment Act 2026 – Royal Assent received on 4 August 2026. 

Kind regards,

Steven Troeth | Partner | gadens 
steven.troeth@gadens.com | T +61 3 9612 8421 | M +61 416 044 824
Level 13, Collins Arch, 447 Collins Street, Melbourne, VIC, Australia 3000

Adelaide | Brisbane | Canberra | Melbourne | Perth | Sydney

We thank our Strategic Partners