School duty of care review
Schools owe a non-delegable duty of care to students during school activities. The standard is that of a reasonable parent, established in Commonwealth v Introvigne (1982) and refined in subsequent cases. This checklist helps school boards and their legal advisers review duty of care policies and identify gaps before incidents occur.
This is a 12-step duty of care review checklist for Australian schools. It covers the standard of care owed to students, supervision policies, risk assessments for activities, and incident response obligations.
The checklist
Review the duty of care policy
Confirm the school has a current, board-endorsed duty of care policy that reflects the standard of care of a reasonable parent as established in Commonwealth v Introvigne.
Audit student supervision arrangements
Review before-school, recess, lunch, and after-school supervision rosters to confirm adequate staff-to-student ratios for all areas.
Assess excursion and camp risk management
Verify that all off-site activities have documented risk assessments, parent consent forms, and appropriate supervision ratios.
Review playground and facilities safety
Confirm regular safety audits of playgrounds, buildings, and sporting facilities with documented maintenance schedules and hazard rectification.
Check Working with Children requirements
Verify all staff, volunteers, and contractors who have contact with students hold valid Working with Children Checks under the applicable state legislation.
Review bullying and harassment policies
Confirm the school has documented anti-bullying and cyberbullying policies with clear reporting pathways and response procedures.
Assess medical management procedures
Review processes for managing student medical conditions including anaphylaxis, asthma, and diabetes action plans, and staff training records.
Verify mandatory reporting training
Confirm all staff have completed mandatory reporting training for child protection under the relevant state or territory legislation.
Review incident reporting and investigation
Audit the incident reporting system for completeness, timeliness, and evidence of investigation and follow-up for all student injuries and near misses.
Check contractor and visitor protocols
Verify sign-in procedures, visitor identification, and supervision requirements for contractors and visitors on school grounds.
Review online safety and digital supervision
Confirm internet filtering, acceptable use policies, and supervision of student use of devices during school hours are documented and current.
Document review findings and action plan
Prepare a written review report with identified gaps, risk ratings, and a prioritised action plan with assigned responsibilities and deadlines.
When this checklist applies
Use for annual duty of care reviews, following a student incident, or when preparing for school registration renewal or compliance audits.
Common pitfalls
- Supervision rosters with gaps during transition periods between classes
- Excursion risk assessments completed as a formality without genuine analysis
- Working with Children Checks expired or not verified for casual staff
- No documented process for managing known student medical conditions
- Incident records that lack follow-up actions or root cause analysis
Run this checklist on a real matter
Quillio can review duty of care policies, flag supervision gaps, and draft risk assessments for school activities. See /practice-areas/education-lawyers or start a free trial.
General guidance for school duty of care reviews. Verify against the applicable state education legislation and registration standards.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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