Seminar presented by A/Prof Malcolm Smith (Griffith Law School) – Supporting Students with Complex Health Needs in the School Environment: Legal Duties, Obligations and Liabilities

The level of support that may be available in the school setting for students with chronic health conditions, can vary considerably depending on the type of school and its location. The need for schools to support students with their health needs is paramount in ensuring that students reach their potential for learning. The complexity of the legal frameworks relevant to supporting students with their health needs may potentially create confusion about the different legal obligations and duties that are imposed upon schools and school staff, and their potential liabilities. This presentation will focus on providing an overview of the key law relevant to schools and the support of students with chronic health conditions in the school environment. It will focus on the law relevant to the administration of medications and associated obligations in relation to the management of medications in the school environment, and the law relevant to negligence and the associated duties of care imposed upon the school and individual school staff, and how they impact specifically on schools and school staff when managing students’ health needs. The purpose is to highlight inconsistencies and issues for reform of the law moving forward.