School rules: Managing student behaviour

The stability created can be disrupted by students, in the form of disruptive behaviours. These behaviours can be minor (like talking during class) but also can include unsafe conduct like physical and verbal aggression and dangerous behaviour.²  School staff routinely and expertly deal with the spectrum of behaviours that disrupt the wellbeing of others. It is on responding to the violent behaviours (physical or verbal) that Principals seek advice on their powers and duties.

Restoring and maintaining a stable learning environment is not only educationally sound, but may be a duty under the Work Health Safety Uniform Law (WHS Uniform Law), and part of discharging the Principal’s common law duty of care.

The Law

Principals have duties under the WHS Uniform Law to ensure, so far as is reasonably practicable, that staff and ‘other persons’ (including students) are not exposed to health and safety risks arising from work carried out as part of the operation of the school.³   In 2023, the legislation was broadened to include protection against psychosocial hazards.  As such, schools have a duty to manage hazards and risks to teachers, students, and other staff members’, physical, as well as psychosocial, health and safety.⁴  Examples of psychosocial hazards include stress, fatigue, bullying, violence, aggression, harassment and burnout, which can be harmful to the health of workers and compromise their wellbeing.⁵

The Risk

The impacts of behavioural issues are significant, for example:

• 24.5% of teachers feel unsafe at work citing student behaviour and violence being key reasons why.⁶  
• 41.6% of principals, assistant principals, and deputy principals report being subjected to physical violence.⁷

Discharging the duty of care

Schools are familiar with the common law duty of care but should be aware of their duties under WHS Uniform Law.  Schools should apply policies, rules, processes and behavioural consequences to allow students to be confident about everything that’s going on and what’s expected of them. Students learn to trust the rules, their teachers, and peers. This in turn maintains a safe physical and psychological workplace and learning environment.

Schools should take reasonable steps to not expose persons to health and safety risks arising from the school environment. This can be done by:

1.  including in the enrolment agreement conditions allowing for behaviour management, including suspension and termination;
2. conducting risk assessments that include any psychosocial hazards in response to student behaviour, including before students return to school after exclusions: and
3. publishing clear policies for responding to student behaviour, including potential consequences.

Discrimination risk

Behavioural issues may sometimes be a manifestation of disability. In these cases, schools may find themselves in a position where a student with disability’s disruptive behaviour is posing a risk to the safety of staff, students, and themselves.

In addressing student behaviour, schools must be mindful of their obligations under the Disability Discrimination Act 1992 (Cth) and the Equal Opportunity Act 1984 (WA) and the equivalent legislation in other jurisdictions.

The 2003 High Court case of Purvis v New South Wales (Department of Education and Training) ⁸  established that when a student with disability engages in violent behaviour, the comparator is a student without disability who engages in the same behaviour. This means that when dealing with students with disability, a school is required to apply the same rules, and respond in the same way, to the behaviour as they would with a student without disability.

While this decision remains controversial, it recognises the obligations schools have in balancing inclusiveness with safety and the stability of the classroom.

Lavan comment

School staff are experts in managing student behaviour. This inherent skill must be consistently applied within a framework of enrolment agreements, policies, consultation with parents and specialists as appropriate, and supported by ongoing professional development.

These strategies lead to a consistent, non-discriminatory approach to addressing student behaviour while discharging legal obligations.

Lavan has extensive experience in tailoring enrolment agreements, policies and procedures for schools as well as staff training in most Australian jurisdictions.
If your school requires advice on managing students with behavioural issues, WHS obligations, or any other issue involving schools, please contact our Employment, Safety and Education team for tailored legal guidance.