Legal Position


The Department provides schools with advice on its legal position on a range of matters including:

  • reporting all instances of actual or suspected fraud
  • that school policies and practices must comply with the Department's Gifts, Benefits and Hospitality policy requirements
  • explaining how negligence claims (previously referred to as 'liability claims') are processed
  • that staff must cooperate with Ombudsman enquiries
  • schools ensuring students and their families are aware that any private property brought to school by students is not the school's responsibility
  • confirming rights of staff to political freedom provided that any involvement in political activities are undertaken outside the working environment
  • establishing when a parent might be liable for costs incurred by a student damaging school property
  • clarifying responsibility for student medical expenses
  • clarifying personal liability arrangements for school employees
  • explaining the legal rights of volunteer workers in schools
  • explaining how staff should deal with legal claims, writs and/or subpoenas.

Related policies

The policies within this section are: