One of the major areas that teachers need to be aware of with respect to legal matters in Australia is Duty of Care. The video states that “schools have a responsibility to exercise appropriate levels of care of their students to minimise any reasonably foreseeable injuries or loss”. This covers all areas of school activities both in and out of the classroom, before and after school hours and covers visitors, parents, and staff. It also covers emotional as well as physical injury. In the case of a negligence case being instigated against a teacher the plaintiff would have to establish 3 elements; that there was a duty of care owed by the school to the student, that there was a breach of that duty, and as a result of that breech a loss or damage was suffered. Vicarious liability can be claimed if a teacher was acting in the course of their employment when the incident happened, but if activities were outside of this the teacher themselves would be liable.

Teachers and the Law – presented by Mark Butlin 
Teachers, Students, and the Law – Australian Council for Education Research (ACER) 2023

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