PCB v Geelong College

In the recent decision of PCB v Geelong College, the plaintiff, PCB, sought compensation for injuries sustained as a result of abuse by a staff member at Geelong College, an independent school. The case was heard in the Supreme Court of Victoria, where the plaintiff alleged that the school was vicariously liable for the perpetrator’s actions under the principles of common law and statutory frameworks. The plaintiff claimed damages for the physical and psychological harm caused by the abuse.

The court was tasked with determining whether the perpetrator was an employee of the school, thereby making the school vicariously liable. Additionally, the court examined whether the school breached its duty of care towards the plaintiff and if the plaintiff’s injuries were a direct consequence of that breach. The court also considered relevant statutory provisions, including Part VB of the Wrongs Act 1958 (Vic), which governs vicarious liability in cases of institutional abuse. The decision of Prince Alfred College Incorporated v ADC (2016) 258 CLR 134 and The Trustees of the Roman Catholic Church for the Diocese of Bathurst v Koffman (1996) Aust Torts Reports 81-399 were influential in guiding the court’s reasoning.

The Supreme Court found that the perpetrator was indeed an employee of Geelong College at the time of the abuse, thereby establishing the school’s vicarious liability. The court held that the school owed a duty of care to the plaintiff, which was breached by failing to prevent the abuse. The court found that the plaintiff’s injuries were a direct consequence of this breach. In assessing the quantum of damages, the court took into account the precedent set by A & B v Bird [2020] NSWSC 1379, which dealt with similar issues of institutional abuse and damages. The court awarded the plaintiff substantial damages, reflecting the severity of the harm suffered and the school’s failure to protect the plaintiff.

The final orders of the court included a declaration of vicarious liability by Geelong College, and an award of damages to the plaintiff. The court also ordered the school to implement measures to prevent future occurrences of such abuse, underscoring the importance of institutional accountability and safeguarding measures in educational settings.