Parents of Methodist Ladies’ College students seek legal advice over drunk teens

Parents hosting before and after formal events are forcing caregivers to sign waivers, removing liability should an intoxicated teen be harmed in their home.

Methodist Ladies' College is cracking down on underage drinking before and after the school formal. Picture: supplied

One private girls’ school is cracking down on underage drinking before and after the school formal, warning parents risk being sued if intoxicated students are harmed in their homes.

It comes as lawyers warn that waivers signed by parents allowing under-18s to drink may not offer protection from legal action.

The new principal of Methodist Ladies’ College, Julia Shea, wrote to parents last week discouraging them “from organising events where the provision of alcohol to minors is intended or likely to occur”.

“We are aware that some parents organising these events believe that their duty of care is abrogated upon having other parents sign a consent form,” the letter says.

MLC is discouraging parents from hosting events where students may be able to drink. Picture: NCA Newswire

“Lawyers warn that even forms couched as waivers denying legal responsibility for what happens at parties would do nothing to abrogate a host’s duty of care to guests and would likely have very little weight in any negligence case.”

It comes as many school formals at elite colleges have become 12-hour booze-fuelled events, with before and after parties allowing underage students to drink alcohol.

At most schools, the formal itself is alcohol-free.

Victorian laws passed in 2011 make it an offence for adults to supply alcohol to minors without getting permission from a parent or guardian. A fine of up to $7000 can be issued.

But legal experts say such permission can be problematic.

Lawyer Nick Duggal, partner at Moray & Agnew, said it was not possible to “contract out of a liability for negligence that results in personal injury or harm, in the form of a waiver or otherwise”.

“In some circumstances, it is foreseeable that parents could be held liable for harm that occurs to minors in their care,” he said.

Lawyer Paul O’Halloran, a partner at Dentons, said MLC was taking a responsible approach by educating parents on the risk of underage drinking.

He agreed waivers “signed by parents can help by raising obvious risks for parents but they are not worth much in court”.

MLC has warned parents risk being sued if intoxicated students are harmed. Picture: NCA NewsWire

Naomi Oakley, managing director of security business U-NOME, said she was often asked to provide security for formal after parties because alcohol was permitted.

“It is possible to provide alcohol safely - we get letters from parents we make sure are authentic and have wristbands showing how many drinks they have had,” she said.

Ms Oakley said some parents still allowed unlimited drinking.

“Alcohol by far is the most damaging thing out there right now,” she said.

Ms Shea’s letter, written in conjunction with the MLC Parents’ Association, also states that the 2023 year 12 formal on Wednesday 5 April ends “promptly” at 10.30pm and asks parents to pick up their daughters or arrange pre-booked taxis.

“Note that Uber does not permit those under 18s to book or ride in an Uber unless accompanied by an adult,” the letter says.

Girls also have to go to school the morning of the formal to get their tickets, in a bid to clamp down on the 12-hour grooming regime adopted at some schools.

The hard line taken by MLC contrasts to the approach taken by other schools. In 2022, the Thomas Carr College graduation dinner allowed students who were over 18 to consume beer and wine with their meal.

In 2020, Melbourne Girls’ College decided not to hold any more year 12 formals to enable students to focus more on their studies and stay safe.

In 2019, students from Woodleigh School on the Mornington Peninsula were involved in a coke and alcohol binge in a limousine on the way to the school formal.