Policy
The purpose of this policy is to confirm that Departmental employees in schools (including teaching service and public service employees), volunteer school and student workers, and school council employees will usually be indemnified in relation to legal claims made about and against them by or on behalf of students (or others) where the claim arises as a direct consequence of the employee or worker legitimately and properly performing duties in a Victorian government school.
Details
The Department will usually indemnify departmental employees in schools (including teaching service and public service employees), volunteer school and student workers, and school council employees in legal proceedings brought by students or others for personal injuries in claims of common law negligence and other claims arising from the employee or worker legitimately and properly performing their duties.
It is only in the most exceptional circumstances that the Department will not indemnify those persons. For example, when the person was:
- drunk or under the influence of illicit drugs
- engaging in an alleged criminal offence
- engaging in behaviour that could only be described as outrageous
- engaging in serious misconduct, grossly negligent or totally reckless
- engaging in behaviour that was entirely unrelated to their employment.
Legal proceedings arising as a result of a person performing duties for their employer are usually brought against the relevant employer — for instance, the State of Victoria (Department of Education and Training) rather than an individual teacher or staff member. In the unlikely event that a teacher or other staff member is named as a defendant in a claim, the cost of legal representation and amounts to be paid as damages as part of those legal proceedings will generally be paid by the Department.
If a student or other person alleges that a personal injury was caused by the state of the school premises — for example, that a broken arm from a monkey-bar-fall could have been prevented by deeper tanbark, the legal proceedings are typically brought against the 'occupier' of the school. Any legal proceedings which concern occupiers’ liability are brought against the State of Victoria rather than against an individual staff member.
Definitions
Occupier
Refers to the party who controls the premises and/or the party in physical occupation of the premises and/or any other party who may have control over access to the premises — for example, a building contractor. There can be more than one occupier of a premises at any given time.
Related policies
Reviewed 06 August 2024