Fazldeen v State of New South Wales [2025] NSWDC 41 (Link to Caselaw)
There was ultimately a verdict for the defendant in this matter, where the plaintiff (aged 16 at the time) alleged a sexual relationship occurred between him and a then 22 year old casual employee of his school (a teacher’s aide or administrative assistant). She denied that a sexual or romantic relationship had occurred. She was not a teacher for the plaintiff or his year group.
The plaintiff’s claim was not based on any vicarious liability of the State for any conduct of Ms Walford. It was a claim for breach of duty of care by the Department, based on an alleged failure to report “concerns” by various members of staff.
The court held at [124]:
There is just too much doubt in the Plaintiff’s case and compelling evidence in the shape of Ms Walford’s evidence to allow me to conclude on the balance of probabilities that there was a sexual relationship between the Plaintiff and Ms Walford as alleged. Whilst it is not necessary to go this far, I am satisfied that the alleged sexual relationship probably did not happen.
As to the reporting of concerns issue, at [140]:
I am not satisfied that the level of concern that Ms McBride held was to the level required by the Code for her to mandatorily report it. Nor do I consider it would have been reasonable for her to have done so, so as to amount to a failure to take reasonable precautions against the risk of harm.
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