By Nicola Murray, Lawyer
PCB v Geelong College  VSC 633 is a recent decision of the Supreme Court of Victoria which clarifies the law on both vicarious liability and breach of non-delegable duties. In contrast to position in NSW (as set out in Plaintiffs A, B, C & D v Bird, Clancy and Little Pigeon Pty Ltd t/as Footprints Childcare Centre  NSWSC 1379), O’Meara J took the view that the principles set out in Prince Alfred College Incorporated v ADC  HCA 37 ought to be interpreted as requiring an employment relationship as a pre-requisite to a finding of vicarious liability. His Honour also found that a failure to emphasise the risks of child abuse in teacher training constituted a breach of a non-delegable duty, and that the school was liable for abuse that occurred both on and off school premises.
We have prepared a Case Note which outlines:
- The facts of the case;
- The key findings of law; and
- Key quotations from the Judgment.
We would be pleased to discuss any questions you may have.
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