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Legal Liability Common law negligence Statutory obligations


Common Law Negligence 1. 2. 3. 4. 5.

Duty of care Breach of the duty of care Causation Remoteness Defences


Common Law Negligence Duty of care – –

Reasonable foreseeability Proximity


Common Law Negligence Duty of care - foreseeability Warren v Haines • not fanciful • proportional


Common Law Negligence Duty of care - foreseeability Giliauskas v Minister for Educ’n factors: age cost reasonable risk


Common Law Negligence Duty of care - proximity Donoghue v Stevenson - “neighbour” Richards v State of Victoria - “schoolmasters”


Common Law Negligence Duty of care - proximity Geyer v Downes outside of hours, primary playground before school instructed “no games”


Common Law Negligence Breach of the duty of care - Reasonable person test (special skills) likelihood of injury seriousness of injury effort required to remove the risk. utility of the conduct


Common Law Negligence Causation “But For” test


Common Law Negligence Remoteness Reasonable foreseaability of the kind/type of damage


Common Law Negligence Defences contributory negligence voluntary assumption of the risk


Common Law Negligence The school, vicarious liability and the “non-delegable duty of care�


Common Law Negligence Who gets sued? • Insurance - school - Union • Criminal negligence •


Statutory Obligations OHS Act 2004


OHS Act 2004 OHS Act 2004 - s.25 Reasonable care – self Reasonable care – others Not intentionally or recklessly interfere or misuse


“Be Reasonable” • • • • •

Follow school policy Identify risks Raise concerns in writing Print out & keep records Up-date your knowledge


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