VIC School Transport Infringement - Appeal?

Discussion in 'Other/General Law Forum' started by Kay Rich, 14 October 2018 at 4:46 PM.

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  1. Kay Rich

    Kay Rich Member

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    I need to know: What laws are there surrounding Australian schools dictating or restricting the transportation their students take to school?

    The school I attend recently sent out a memo stating that students are no longer allowed to walk to school because the board sees it as not an appropriate option, without giving reason (although I later found out it was because there is a lack of footpaths in the area the school is in) and I believe that I am not the responsibility of the school until I arrive at school, and therefore they are infringing my rights by dictating which forms of transportation I take to school and not fostering personal responsibility or the Australian National Walk to School Month which happens to be this month (October).

    I want to appeal to the school board to change the rule or get rid of it but wish to have correct legal understanding first. Please help!

    Thanks
     
  2. Rod

    Rod Well-Known Member
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    The school has no authority to dictate how you take your children to school.

    I suspect they are attempting to limit their liability in case a child has an accident on the way to school. There may have been a recent court case where the school was found liable for an injury outside of the school grounds.
     
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  3. Rob Legat - SBPL

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    I expect that the school has exceeded their bounds. As Rod says, they may be looking to limit their liability in the event of a claim by saying that the school prohibits walking and therefore because the student was contravening the policy the school is not liable.

    Victoria's Department of Education and Training provides that parents and guardians are responsible for students when travelling to and from school: Supervision
    It would take exceptional circumstances to overcome that default position.
     
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  4. Kay Rich

    Kay Rich Member

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    Thank you both so much for your help!
     
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