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http://www.ieuvictas.org.au/files/6513/3168/9781/legal_liability.ppt
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Legal Liability Common law negligence Statutory obligations
Common Law Negligence
1. Duty of care 2. Breach of the duty of care3. Causation4. Remoteness5. Defences
Common Law Negligence
Duty of care – Reasonable foreseeability– Proximity
Common Law Negligence
Duty of care - foreseeabilityWarren v Haines• not fanciful• proportional
Common Law Negligence
Duty of care - foreseeabilityGiliauskas v Minister for Educ’n factors: age
cost reasonable risk
Common Law Negligence
Duty of care - proximityDonoghue v Stevenson
- “neighbour”Richards v State of Victoria
- “schoolmasters”
Common Law Negligence
Duty of care - proximityGeyer v Downes
outside of hours, primary playground before school instructed “no games”
Common Law NegligenceBreach of the duty of care
- Reasonable person test (special skills)
likelihood of injuryseriousness of injuryeffort required to remove the risk. utility of the conduct
Common Law Negligence
Causation“But For” test
Common Law Negligence
RemotenessReasonable foreseaability of the kind/type of damage
Common Law Negligence
Defencescontributory negligencevoluntary 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 ObligationsOHS Act 2004
OHS Act 2004OHS Act 2004 - s.25Reasonable care – selfReasonable care – othersNot 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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