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
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
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
Presenters
Ms. Stephanie McLuckie, Associate,
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.
This seminar is part of a series
School Law Series 2024
Gain the legal information, updates & strategies you need with a series of the most important topics all tailor made for schools. Make it easy & save by registering for the series or just the sessions that interest you. Watch each one-hour session live online or as an on-demand recording. Explore the breadth of serious incident management, family law issues, students with disabilities & learning needs, discipline, misuse of technology & more. WEB242N24Z
Description
Teachers attending the entire series earn 6 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 6 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.
View series listing
