Bullying:

In New South Wales (NSW), within education and workplace contexts, the definition of bully involves key characteristics. Bullying can have a long-lasting and serious effect on mental health and wellbeing, affecting self-concept and self-confidence.  Bullying is a pervasive and far-reaching issue in NSW schools. It includes student-student bullying, staff-staff bullying as well as other dynamics such as parent-staff.

Bullying is typically defined as the ongoing and deliberate misuse of power in relationships through repeated verbal, physical and or social behaviour that intends to cause physical, social and or psychological harm.  Bullying is not marked by an isolated or single event. Bullying behaviour is sustained, ongoing and repeated and in this sense it is systematic. There is a deliberate misuse of power and a power imbalance. There is an intention to cause harm which may manifest in ways such as fear, humiliation, intimidation or social exclusion.

Typically, physical bullying includes actions such as pushing, shoving, kicking, tripping, intimidating, damaging or stealing belongings and threats of violence. Verbal or written bullying involves name calling, insults, teasing rumour mongering, offensive jokes, abusive language and mocking. Social relational and emotional bullying includes behaviours such as deliberate exclusion from things such as social events, ignoring someone or manipulating the friendship by spreading rumours, damaging a person’s reputation, isolating someone, eye rolling or whispering to exclude them.  Bullying can also be covert or hidden which can make it a tricky issue to deal with.

Cyberbullying is any form of bullying behaviour that occurs online or via a mobile device such as in a social media post, an email, a video or audio footage. Cyberbullying can include verbal, written or social forms and is carried out digitally.

In schools there is a responsibility by teachers to provide a safe and inclusive environments so that students can access the learning and feel safe. Likewise, for staff working in schools and educational institutions there is an onus on the employer to have a duty of care for their employees.

The legal landscape in NSW takes in numerous legal Acts. These include the Work, Health and Safety (WHS) Act 2011, the Anti-discrimination Act (1977) (NSW), Federal Anti-discrimination Law, the Crimes Act 1900 (NSW).  Additionally, the Civil Liability Act 2002 (NSW) governs claims for civil liability claims arising from negligence.

Your child spends a significant amount of time at school, and if you feel your child is not safe, you may have grounds for a bullying claim.

Schools owe a duty of care to take reasonable steps to ensure the safety and protection of their students.  A failure to take action to prevent or otherwise respond to an allegation of bullying, may result in a breach of the duty of care, particularly where:

• The school has failed to properly investigate the allegations;
• The school has systematic failures which result in a lack of protection of their students;
• The student has been injured to any or a grievous extent.

At Navado, we encourage you to contact us if you have concerns about your child being bullied. If you have not yet approached the school, we would encourage you to seek our advice as to the best way forward, prior to making the first approach.

If you have approached the school, and you feel that the school has not suitably responded and/or the bullying persists, we encourage you to approach us to discuss further avenues that may be available to you. Due to our experience in Education & Schools Law, we can assist you in pursuing your grievance further.

Bullying often coincides with other areas of the law including Defamation, Discrimination, Personal Injury and Compliance matters. Our team has experience in advising on and representing clients in each of these co-related areas, to provide you with a comprehensive legal service.

If you require assistance with your Education & Schools Law matter, we recommend you contact our firm and arrange an appointment to see one of our Education & Schools Law Solicitors. Please contact us on (02) 9233 4048 or send an email to info@navado.com.au.

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.