Injury claims over out-of-control Victorian students soar

Victorian courts are experiencing an influx of injury claims from students and teachers as violent kids run amok on school grounds.

Victoria’s top personal injury lawyers have reported a spike in the number of claims from students seeking compensation over assaults, harassment and bullying allegations.

Victoria’s Education Department is facing a wave of injury claims before the courts as out-of-control students run amok on school grounds.

The state’s top personal injury lawyers have reported seeing a spike in the number of claims from students seeking compensation over assaults, harassment and bullying allegations.

Teachers fed up with being spat on, abused and assaulted in the classroom are also turning to legal action.

Carbone Lawyers managing partner Tony Carbone said primary and secondary schools had become a locus for violence.

“It’s almost a jungle in these schools – it’s gone feral,” Mr Carbone said.

The Herald Sun can reveal cases filed in the County Court last year include:

• A teenage boy from St Bede’s College Mentone campus, who was whacked to the face with a hockey stick by another student, suffering extensive dental injuries, shock, anxiety and depression;

• A Bayside P-12 College teacher spat on and verbally abused who is claiming a psychological injury for having to teach “difficult, aggressive and abusive students” without any support from management;

• A schoolgirl from the now disbanded Mooroopna Secondary College who was repeatedly harassed, and even clobbered with a bag full of books, by a known bully, who had been expelled before from a previous school;

• A teacher from Seymour Secondary College who was knocked over and “crushed”, leaving her with spine and shoulder injuries, when a fight erupted between two Year 12 students in her classroom;

• A Malvern Primary School teacher, who suffered a psychiatric condition after being “exposed and required to control and manage dysfunctional behaviour of a student without adequate support”.

A schoolgirl from the now disbanded Mooroopna Secondary College was repeatedly harassed by a known bully.

Most are claiming negligence and a breach of duty of the department for failing to provide a safe place of work, not responding adequately to complaints, and exposing them to risk of injury which would have been avoided with reasonable care.

Shine Lawyers special counsel Ashleigh Kemp said teachers claim compensation for psychological and assault-related injuries at “disproportionately higher rates than many other professionals”.

“Studies have shown special educators and teacher aides have an increased risk of injury,” Ms Kemp said.

“That teachers are being sworn at, spat on, and attacked with objects is completely unacceptable.

“In many cases, the response from school administrators has compounded the injuries suffered by teachers.”

She said one teacher she acted for was pushed into a bag hook when trying to restrain a student who said they were going to kill another teacher.

“My client was never offered counselling after the incident and was required to continue working in proximity to the student who had a history of violent behaviour,” Ms Kemp said.

“How are we supposed to retain high quality educators and lift education standards in this state if we can’t keep our teachers safe?”

Mr Carbone suspected two years of remote learning due to Covid lockdowns and last year’s return to full-time studying as a reason why so many students were acting out.

Teachers fed up with being spat on, abused and assaulted in the classroom are also turning to legal action.

“Bullying has always been a big problem, but it’s got worse,” Mr Carbone said.

“Once upon a time if you had an allegation of bullying they would sit down and interview everyone involved and try to come up with a solution. But it seems these days nothing is done about it. It’s almost ignored.”

His firm has also seen a concerning rise in the number of complaints of sexual harassment from male students against female students.

Parents only knocked on lawyers’ doors, he said, when they were desperate.

“It gets to the point of suing as it’s gone too far,” Mr Carbone said.

“They are not doing it for the money. They are worried about the safety and wellbeing of their child. No-one wants to see their child suffer.”

He said many student victims would prefer not to speak out in fear of impacting their grades.

“A lot of them put up with a lot of nonsense and abuse so they can get through their schooling,” Mr Carbone said.

He said teachers also take action after they feel unsupported, with nothing done when they speak up.

“I’d hate to be a teacher at the moment,” he said, adding that they have no recourse if attacked.

“I don’t think these teachers have much ammunition against really bad students.”

He said students once feared teachers, but now showed them no respect.

“Unless there’s consequences or repercussions, nothing’s going to change.”

Mr Carbone said the Education Department had a duty to ensure schools were a safe workplace for teachers, and that proper care and supervision was provided to students.

“These schools need to be held accountable,” he said.

But he said parents also need to start taking more responsibility.

“I firmly believe that respect and control begins at home,” he said.

In a statement, the Education Department said staff and student safety and wellbeing is “the top priority at all Victorian schools”.

“Any form of bullying or violence is unacceptable,” it said, adding that incidents of violence or intimidating behaviour are referred to the police when appropriate.