Negligence is a common law tort (a wrong). Negligence is the failure to do something that a reasonable and prudent person would do or the commission of an act that such a person would not commit. The law of negligence provides that a person is entitled to damages (money) if another person breaches their duty of care to the first person.

The term duty of care describes a duty that one person owes to another because of the relationship between the two persons - sometimes described as being sufficiently proximate. In the case of teachers, that duty has been described as being that the teacher is in loco parentis to the student.

The relationship between teacher and student

The High Court has said that the term in loco parentis does not describe the relationship of a teacher to their student. In some ways, the student/teacher relationship goes even further because 'a school and a teacher are obliged to provide a safe environment for a student'.

The duty of a teacher to a student has been described by the Court as: 'the teacher assumes a particular responsibility for the student's safety because of the student's special dependence or vulnerability'.

A teacher must take all reasonable care to provide a suitable and safe place and to provide an adequate system to ensure that no student is exposed to unnecessary risk of injury - and to ensure that that system is carried out. The duty does not mean that a teacher must ensure that a student is not injured. Rather the teacher must take reasonable steps to protect the student against risks of injury.

The extent of the duty owed by a teacher will depend on the particular circumstances the teacher faces. The age of the students in the teacher's care will be critical - for example, the activities you would allow a senior student to do in a science class or an outdoor education setting may not be appropriate for a younger student.

Teachers should also be familiar with the physical setting of the school - for example, know where the busy road is, if there is a gate and whether it is kept closed.

When teachers are on yard duty they should know who can they go to for help if something goes wrong and what procedures the school has put in place to assist them.

If teachers are taking classes where safety is a particular issue, they should know what safety measures the school has in place.

Teachers should also be aware if students have particular medical conditions which may affect how they are treated.

For more detailed information about a teacher's duty of care, refer to The Legal Obligations of a Teacher (PDF - 255 KB).