The Court of Appeal held that the non-delegable duty vested in a school authority (the State of Queensland and the Minister for Education) does not amount to an undertaking to ensure that no harm befalls students; rather, it is a duty to ensure that reasonable care is taken. The Court struck out the statements of claim as inadequately pleaded but granted leave to replead, finding that the plaintiffs had not properly articulated a cause of action against the State or Minister for the sexual assaults committed by a teacher. The decision left open the possibility of a properly pleaded claim but rejected the proposition that the State was strictly or vicariously liable for the deliberate criminal acts of a teacher falling outside the scope of employment.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.