Latest Guide | Transform how you manage policies with our interactive guide
Subscribe
Article

SA Education Dept sued over alleged sexual assault

20/11/13
Resources

The South Australian Education Department is being sued by a student and her father over allegedly failing to meet its Duty of Care in relation to a sexual assault.

According to the ABC, documents filed in the Adelaide District Court claim the girl was punched, kicked and sexually assaulted in an Adelaide Hills primary school toilet cubicle by another student.

The documents said the victim moved schools after the alleged perpetrator returned to the school after being suspended.

"The principal ... proposed that both (girls) continue to attend the school, despite continual objections and concerns voiced by (the alleged victim's) parents," the claim said.

"The [Department] owed the plaintiffs a duty of care to take reasonable care to ensure the safety and welfare of the first plaintiff whilst she was a student at one of the schools under its control and it was reasonably foreseeable that if it failed to meet its duty of care the first and second plaintiffs may suffer injury, loss or damage."

Both the girl and her father claim they now suffer from depression and each want up to $50,000 in compensation, as well as damages.

The Education Department has denied the claim.

"Any action taken was in accordance with Department policies and the Education Regulations 1997 (SA)."

It said the alleged perpetrator denied the assault and "in all the circumstances the [Education Department] acted at all times in a reasonable manner".

Share this
About the Author

CompliSpace

CompliSpace is Ideagen’s SaaS-enabled solution that helps organisations in highly-regulated industries meet their governance, risk, compliance and policy management obligations.

Resources you may like

Article
Schools under pressure: leadership trends and challenges in Ideagen's latest risk report

School leaders and educators across Australia are grappling with immense challenges, many of which...

Read More
Article
Safe excursions: Balancing learning, duty of care and risk management

Excursions are a powerful extension of the classroom, offering students opportunities to deepen...

Read More
Article
Legislative and regulatory changes to be ahead of in 2025

Extending the system of national unique student identifiers to the schools sector (Cth) The Better...

Read More

Want School Governance delivered to your inbox weekly?

Sign up today!
Subscribe