Duty of care

Principals and teachers are held to a high standard of care in relation to students.

Whenever a teacher-student relationship exists, teachers have a special duty of care. Generally, teachers are expected to take such measures as are reasonable in the circumstances to protect a student under their charge from reasonably foreseeable risks of injury. The nature and extent of this duty will vary according to the particular circumstances.

A school’s duty of care is ongoing and schools should work closely with the student and parents/carers to ensure that even where a student has been referred to headspace, the school continues to monitor and provide ongoing support, consistent with these duty of care obligations.

For further information and Department policy relating to duty of care, please click here.

If schools require legal advice on any duty of care issues, please contact the Department’s Legal Division on 9637 3146 or at legal.services@education.vic.gov.au.