School Law Series 2024: Student Discipline and Your Schools Duty of Care
Can a failure to discipline a student constitute a breach of a school’s duty of care? A school is liable for an injury to a student caused by the failure of a teacher (or the school) to take reasonable care. A school may also be liable where it can be shown that disciplining a student would probably have prevented an injury to another student. Explore student discipline and cases that considered whether failure to discipline a student constituted a breach of the school’s duty of care. WEB243N24DZ
Description
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
This program is applicable to practitioners from all States & Territories
1.00pm to 2.00pm Student Discipline and Your School’s Duty of Care
- Elements of the duty of care: foreseeability, probability, standard of care/breach, causation and damages
- Limits of student discipline: disciplining students for conduct outside school hours and off school premises
- Cases considering bullying and whether a failure to discipline resulted in a school breaching its duty of care
- Disciplining students with disabilities, and balancing the duty of care owed to all students and staff
Presented by Stephanie McLuckie, Associate, Carroll & O'Dea Lawyers; President, NSW Chapter, ANZELA
Presenters
Stephanie McLuckie
Stephanie assists clients in the not-for-profit space, practising in the areas of education law, commercial law and employment law. She acts for many independent schools, not-for-profit organisations and charities across a broad range of matters. Stephanie is particularly experienced in advising her independent and religious school clients regarding related party transactions and compliance with the not-for-profit obligations under the State and Commonwealth Education Acts. She often assists schools with registration matters and dealing with regulators. Stephanie regularly assists with the incorporation and registration of new charities, with a focus on governance matters and meeting compliance obligations. She also has experience in large and small property transactions, transfers of land and business, licences and leasing. As an advocate for the value of higher education, Stephanie worked as a tutor in the Advancement via Individual Determination (AVID) program, which aims to increase access to tertiary education for disadvantaged high school students.