Lepore v State of New South Wales

The plaintiff, Lepore, brought proceedings against the State of New South Wales, alleging negligence arising from sexual assaults committed by a teacher employed by the State at a school. The core of the dispute concerned whether the State owed a non-delegable duty of care to its students that extended to intentional tortious conduct by its employees. The matter was heard by the High Court of Australia.

The High Court was required to determine whether a school authority's non-delegable duty of care towards its students encompassed intentional acts of sexual assault by a teacher. This involved considering the scope of such a duty and whether it could be breached by the wrongful acts of an employee, rather than solely by the employer's own negligence in supervision or selection.

The Court, referencing principles established in *Commonwealth of Australia v Introvigne*, affirmed that a school authority owes a non-delegable duty to its students to take reasonable care for their safety. This duty extends to protecting students from foreseeable harm, including harm caused by the intentional or negligent acts of those to whom the authority has delegated the care of the children. The Court held that the State's non-delegable duty of care was breached by the teacher's assaults, as these acts occurred within the scope of the teacher's employment and the State had failed to ensure the students' safety.

The appeal was allowed.