In this episode of P.I. Case Note, personal injury lawyer Michelle Wright examines the New South Wales Court of Appeal’s decision in State of NSW v T2 (by his tutor T1) [2025] NSWCA 165, which establishes critical principles about school duty of care, student safety obligations extending beyond school boundaries and hours. The case involved a Year Nine student at Fairfield High School who was brutally assaulted by another student with a history of violence at a nearby bus stop after school, despite having sought help from the school just minutes earlier when he learned of the impending attack, only to find the administration office had closed at 3:15 PM and no staff were available.
The Court of Appeal’s analysis reveals the complex balance between school duty of care, student safety responsibilities and practical limitations on supervision. While the Court overturned several findings from the primary judge—including that the school should have conducted a formal risk assessment of the violent student before his return or prevented the assault through bus stop supervision—it upheld the crucial finding that the school breached its duty by failing to provide any means for students to seek assistance between 3:15 PM and 3:28 PM. The decision emphasises that while schools cannot be everywhere monitoring every student, they must provide reasonable access to responsible adults during the critical period when students are dispersing after school. The Court found that had T been able to find a teacher during his desperate search of the school, the assault would likely have been prevented, as the violent student specifically led T away from the bus stop to a secluded park to avoid detection.
Listen for Michelle Wright’s comprehensive analysis of this important school duty of care student safety decision and its implications for educational institutions. If your child has been injured at or near school due to inadequate supervision or safety measures, the experienced team at accident legal understands these complex duty of care issues. With over 30 years of experience across Queensland and expertise in similar New South Wales cases, we know how to establish when schools have failed in their fundamental obligation to protect students. Contact us for a free consultation on (07) 3740 0200—we’ll help you understand your rights and pursue justice for injuries caused by inadequate school safety measures.
