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The school has a legal duty of care for its students arising from the High Court of Australia's determination that the statutory removal of children from the care and control of their parents for the purposes of educating them together with the need of children for protection results in a statuatory obligation of duty of care "in loco parentis".
While the Principal has ultimate and non-delegatable duty of care for every student in the school during normal working hours, teachers also have a duty during normal working hours or for the duration of normal school events. All adult school personnel have an obligation to keep the Principal informed of matters regarding individual students.
This duty is non-delegable i.e. the responsibility cannot be handed over to someone else and can only be relinquished by placing the child back into the care and under the control of their parents, guardians or someone responsible nominated by them.
The duty applies to the educative process and the responsibility that rightly and legally belong to a parent cannot be assumed by the school.
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