Duty of care
Principals, teachers and employees that work with students, have a legal duty of care with regard to the physical wellbeing of students in their charge. For information in relation to the legal duty of care, refer to the Department of Education’s (the department’s) Duty of Care Policy at .
The engagement in industrial action of any form, type or duration does not absolve of their duty of care obligations. Where any form of industrial action poses a risk of reasonably foreseeable harm to students (for example, if the result would be that there are not enough teachers working at school to safely supervise students), it is the responsibility of the principal, teachers and other school employees who work with students, to ensure that other adequate and appropriate arrangements are made to maintain a reasonable duty of care, prior to the taking of that action.
Failure of a school employee to ensure that adequate and appropriate arrangements are made for students' care, health, safety and wellbeing at school may result in a breach of duty of care and legal liability for negligence, should any harm or injury occur as a result. While the department will usually indemnify its employees in any legal proceedings brought by students where the employee was properly performing their duties, exceptional circumstances apply where the department will not do so. It is possibly that the engagement in industrial action without taking reasonable steps to protect students from harm may be considered as falling within those exceptional circumstances; see the Personal Liability of School Employees Policy at .
Principals should direct employees that take protected industrial action that is stop work action to leave the school premises. While principals and teachers (or other employees who work with students) remain on premises during normal school operations, their duty of care obligation to students may continue to apply regardless of whether they are exercising protected industrial action or not.
Reviewed 14 July 2026
