A Landmark Case in School Negligence 

The NSW Court of Appeal’s decision in T2 v State of New South Wales is a powerful reminder of the legal obligations schools must protect students, even outside school hours and off school premises. This case sets a precedent for how far a school’s duty of care extends, especially when risks are known and preventable.

NSW School Negligence: A Missed Opportunity to Protect a Student

On 16 October 2017, a 14-year-old student, referred to as T2, was assaulted in a nearby park shortly after school ended. The attack was led by XY, another Year 9 student who had just returned from a 20-day suspension for violence.

Timeline of Events:

• 3:04pm – Final school bell rings.
• 3:15pm – T2 hears he’s “about to get bashed” and returns to school for help.
• 3:18–3:28pm – School office is closed; no staff are available.
• 3:28pm – T2 is dragged away from his bus stop.
• 3:30–3:40pm – T2 is assaulted in a nearby park.
• 3:42pm – He returns to school, still unable to find assistance.

Despite his efforts to seek help, no staff were present, and his mother’s calls went unanswered. The school had effectively shut down minutes after the final bell.

Was the School Negligent?

T2 sued the State of NSW (Department of Education), claiming the school breached its duty of care. The trial judge agreed, awarding $1.75 million in damages. The State appealed, arguing:

• The duty of care did not extend beyond school hours or grounds.
• The assault was not foreseeable.
• There was no breach of duty.

Court of Appeal Decision:

The appeal was dismissed. The court confirmed that the school had failed in its legal obligations, particularly given the known risk posed by XY and the lack of supervision.

Understanding School Duty of Care in Australia

Schools in Australia owe a non-delegable duty of care to students. This means they must take reasonable steps to prevent foreseeable harm, even outside traditional school boundaries.

“Children need protection from their environment, from others and from themselves.”
— Kondrajian v Trustees of the Roman Catholic Church

When Duty of Care Extends Beyond the Gate:

• The school is aware of a student’s vulnerability.
• There is a history of violence or bullying.
• The risk is foreseeable and preventable.

School Safety in Australia: The Bigger Picture

• Violence against teachers has increased by 80% since 2011.
• In 2024, over 54% of school leaders reported being threatened.
• In Victoria, serious assaults rose 45% between 2018–2022.
• NSW public schools educate over 785,000 students across 2,212 schools.

Despite these figures, many schools lack consistent supervision policies. While some states recommend 10–30 minutes of post-school supervision, enforcement is inconsistent.

Key Failures Identified by the Court

1. No risk assessment for XY’s return after suspension.
2. No teachers on bus duty to monitor student safety.
3. School office closed too early, leaving students without support.

 The Breach Calculus: Was the School’s Response Reasonable?

Under the Civil Liability Act 2002 (NSW), courts assess breach using the “reasonable person” test, considering:

• Foreseeability – Was the risk predictable?
• Seriousness – Could the harm be significant?
• Burden of precaution – Was the solution difficult or costly?

Court’s Findings:

• The risks (bullying, violence, missed pickups) were foreseeable.
• The harm (a brutal assault) was serious.
• The burden (keeping one adult available until 3:30pm) was minimal.

With 140 teachers and 14 admin staff, the court found that one responsible adult could have easily been available for 24 minutes after school.

What This Means for Parents, Students, and Schools

• Duty of care doesn’t end at the school gate.
• Schools must take reasonable steps to protect students.
• Injured students may be entitled to compensation if schools fail.

Final Thoughts: A Legal Milestone for Student Safety

T2 v State of NSW  is more than a tragic story, it’s a legal turning point in NSW school negligence. It reinforces that student safety is not optional, and that institutions must be held accountable when they fail to protect those in their care.

If you or someone you know has been injured in a public or school-related incident, this case shows that you have rights—and the law is on your side.

How Stacks Goudkamp Can Help with NSW School Negligence Claims

At Stacks Goudkamp, we specialise in public liability  and NSW school negligence claims. If you or your child has been injured due to a school’s failure to provide adequate supervision or respond to known risks, our experienced legal team can help you understand your rights and pursue compensation. We offer:

Free initial consultations to assess your case.

No-win, no-fee arrangements in most personal injury matters.

A proven track record in school duty of care litigation.

Compassionate, personalised support throughout the legal process.

The T2 v State of NSW case shows that schools can be held accountable when they fail to act on foreseeable risks. Let us help you navigate the legal system and secure the justice you deserve.