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DET NSW School Sports Unit

DET NSW School Sports Unit

Guidelines for the Safe Conduct of Sport and Physical Activity in Schools

Last updated: May 2007
 

Liability

 

Contents

Supervision & Welfare of Students Engaged in Sport & Physical Activity
Responsibilities of Principals
Supervision of Students Engaged in Specific Sports, Physical Activities and Outdoor Recreation Activities
Supervision of Students While Engaged in Activities Conducted Under the Auspices of the School
Guidelines for Billeting Students
Supervision at Major Events
Supervision Out of School Hours
Activities at Camps Organised and Conducted by the NSW Department of Sport and Recreation and Other Agencies
Small Group Activities
Additional Activities
Liability
Physical Contact With Students

Many teachers have expressed concern that they may be sued or have some legal liability in school injury cases. The following extract from the Department of Education and Training Memorandum to Principals Care and Supervision of Students - Terms of Settlement Between the NSW Department of Education and Training and the NSW Teachers Federation (98/139) states:

  • When a student is injured while in the care of the school, it is possible that legal action will be taken. If this occurs, it is invariably the State of New South Wales that is sued rather than individual schools or staff members.
  • This is because the Department, like all employers, is vicariously liable for acts and omissions of its employees at work. Teachers should not be concerned about incurring any individual liability provided that the teacher is not guilty of serious and wilful misconduct.
  • In some rare cases teachers or executive staff members are sued either individually or together with the State of New South Wales. In those rare instances, the Department of Education and Training seeks Crown representation for the staff member involved.
  • Crown representation means that the New South Wales Crown Solicitor’s Office acts for the staff member and the State meets all costs and verdicts.