New South Wales - Kirpans

  • A Kirpan may be worn by Amritdhari (initiated) Sikhs in NSW for the purpose of religious observance.

  • The wearing of a Kirpan in NSW schools is allowed however certain conditions apply to Amritdhari (initiated) Sikhs (see below for further details).

The Law

Summary Offences Act 1988

Subdivision 1 Knives and offensive implements

11B   Custody of offensive implement

(1)  A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.

Maximum penalty—50 penalty units or imprisonment for 2 years.

(2)  If a person is convicted of an offence under this section, the court may, in addition to any penalty it may impose, make an order that the offensive implement be forfeited to the Crown, and the implement is forfeited accordingly.

(3)  In this section—

offensive implement means—

(a)  anything made or adapted for use for causing injury to a person, or

(b)  anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.

11C   (Repealed)

11D   Parents who allow children to carry knives

(1)  The parent of a child, being a child—

(a)  who is under the age of 18 years, and

(b)  who commits an offence against the Crimes Act 1900, section 93IB,

is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence.

Maximum penalty—5 penalty units.

(2)  The parent of a child may be proceeded against and dealt with under this section whether or not the child has been proceeded against or dealt with under the Crimes Act 1900, section 93IB.(3)  Nothing in this section affects the liability of the parent’s child for an offence committed by the child against the Crimes Act 1900, section 93IB.(4)  If an act or omission constitutes an offence—

(a)  under this section, and

(b)  under section 11 of the Children (Protection and Parental Responsibility) Act 1997,

the offender is not liable to be punished twice in respect of the act or omission.(5)  In this section, parent of a child has the same meaning it has in the Children (Protection and Parental Responsibility) Act 1997.

11E   (Repealed)

11F   Sale of knives to children

(1)  A person who sells a knife to a child under the age of 16 years is guilty of an offence.

Maximum penalty—50 penalty units.

(2)  It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that the child was of or above the age of 16 years.(3)  If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.(4)  It is a defence to a prosecution against an employer for such a contravention if it is proved—

(a)  that the employer had no knowledge of the contravention, and

(b)  that the employer could not, by the exercise of due diligence, have prevented the contravention.

(5)  An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).

(6)  The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.

Kirpans in NSW schools:

An Amritdhari (initiated) Sikh student may wear a Kirpan at school provided:

  • it is of a small size, full length of 16.5cm (around 6.5 inches) or less, with no sharp edges or points;

  • the blade is secured within the sheath so that it cannot be withdrawn, and

  • it is worn under clothes and secured so it cannot be used; and

  • it is removed and safely stored, or secured against the body, when undertaking physical activity such as sport; Note: “secured against the body” means wrapped in sturdy fabric and secured within a sports band or leather belt that ensures it cannot slip out or cause injury to the wearer or another person and

  • when reasonably asked the student must verify that these guidelines are being complied with. Any safety concerns will be discussed with the student and their parents or carers.

A Kirpan will be blunt if does not have any sharp edges or point and it will be secured if it is in a sheath and sewn into the gatra (a strap normally made from cloth and worn across the body).
If a student does not comply with the above rules, their parents or carers must be notified and disciplinary action considered, consistent with the department’s student discipline policies.

For further information please read the NSW Education Department ‘Knives in schools, legal issues bulletin 22, LIB22’.

State and territory law regarding the Kirpan: