State of New South Wales v DC & Anor

The High Court of Australia heard an appeal from the Supreme Court of New South Wales in the matter of *State of New South Wales v DC & Anor*. The dispute concerned the liability of the State of New South Wales for alleged sexual abuse of a child, DC, by a former employee of the Department of Education. The core of the dispute revolved around whether the State owed a non-delegable duty of care to DC, and if so, whether that duty had been breached.

The High Court was required to determine two primary legal issues. Firstly, whether the State of New South Wales owed a non-delegable duty of care to students, including DC, in its care to protect them from harm, specifically sexual abuse, by its employees. Secondly, if such a duty was owed, whether the State had breached that duty by failing to take reasonable steps to prevent the abuse.

The Court's reasoning focused on the nature of the relationship between the State and students in its care. It was held that the State, through its control and supervision of schools and the inherent vulnerability of children, assumed a responsibility for the safety of students that extended beyond mere vicarious liability for the torts of its employees. This responsibility gave rise to a non-delegable duty of care. The Court affirmed that this duty required the State to take reasonable precautions to prevent foreseeable harm, including harm caused by the wrongful acts of its employees, particularly in circumstances where the employee was in a position of authority and the child was in a position of vulnerability. The Court found that the State had breached this duty by failing to implement adequate safeguards and supervision to protect DC from the abuse.