We regularly hear from parents who have raised bullying concerns with a school, only to be told, in effect, that the problem lies with their child’s temperament rather than with the conduct of other students. This article sets out, in plain terms, what NSW law says, and what options are available.
1. Schools Owe a Legal Duty of Care
Under Australian law, a school must take reasonable care for the safety of its students. That duty extends to protecting students from foreseeable harm caused by other students, and it is well established at the highest level of Australian courts. A recent NSW Court of Appeal decision (State of NSW v T2 [2025] NSWCA 165) confirmed that this duty is not confined to the school gate — it can extend to situations such as supervision of a bus stop used by students after school.
A school cannot avoid this duty by pointing to the behaviour of other children. Managing student conduct and responding to bullying is the school’s responsibility.
2. A School Can Be Liable If It Knew and Failed to Act
Where a school is told about bullying, or should have been aware of it, and does not take reasonable steps in response — investigating, supervising, implementing a behaviour plan, or following its own policies — it may be liable for the resulting harm.
One pattern worth naming: where a school’s only recorded response reframes the problem as the affected child’s temperament, rather than addressing the conduct of the other students involved, that response is likely to be assessed as inadequate. What matters legally is what the school actually knew, when it knew it, and what it did — and establishing those facts through the school’s own records is usually the first and most important step.
3. Compensation Requires a Diagnosis
Damages for psychological harm require a diagnosed psychiatric condition. This is why a proper clinical assessment is the urgent next step — first and foremost for the child’s wellbeing, and separately because it creates the medical record any future claim would need. Without a diagnosis on file, no responsible adviser can tell you that a compensation claim would succeed.
4. You Don't Need to Go to Court to Get Protection
There are formal, no-cost complaint pathways available before any court proceeding:
- A written complaint to the school principal, including a request for the school’s records
- Escalation to the NSW Department of Education and the NSW Ombudsman (government schools)
- A complaint to the NSW Education Standards Authority (NESA) and the school’s proprietor (non-government schools)
- A complaint to the eSafety Commissioner where bullying has an online element
- A discrimination complaint to the Australian Human Rights Commission or Anti-Discrimination NSW, where the child has a diagnosed disability
These pathways can produce real outcomes — investigation, safety measures, removal of online material, conciliated resolutions — without the cost and delay of litigation, and the records they generate strengthen any later legal claim.
5. Time Limits Matter
A child’s potential compensation claim is generally preserved while they are under 18, but an overall long-stop limitation period applies, and delay weakens both evidence and legal position. Discrimination complaints carry shorter time limits, some of which can run from the date of the events themselves. Exact dates should be confirmed at an initial consultation.
6. What to Do Now
1. Safety first. If your child has expressed suicidal thoughts, tell your GP today and, if needed, contact Lifeline (13 11 14) or Kids Helpline (1800 55 1800, ages 5–25). Call 000 if there is immediate danger.
2. Preserve evidence before anything is deleted. Screenshot online messages, posts and comments — with dates, times, and usernames — before requesting removal. Removal destroys the very evidence it is meant to address.
3. Keep communication with the school in writing.
4. Record key dates: when you first learned of the bullying, when you first raised it with the school, and when you first noticed changes in your child’s wellbeing.
The law is generally on parents’ side on the question of duty. What usually needs to be established is the factual record — what the school knew and did — and a measured, staged approach tends to produce the best outcome.
This article provides general legal information only and does not constitute legal advice for any individual matter. For advice on your specific circumstances, please contact Park & Co Lawyers.
Crisis support: If you or your child are in crisis, contact Lifeline on 13 11 14 (24 hours) or Kids Helpline on 1800 55 1800 (24 hours, ages 5–25).
