The findings of the Federal Government’s Anti-Bullying Rapid Review have placed Far North Queensland schools under fresh scrutiny, as the region records the highest bullying rates in the state – 23 incidents per 100 students.[1]
Cairns-based personal injury lawyer Beth Rolton, Partner at Travis Schultz & Partners, said the reforms highlight the growing legal risks schools face, noting that schools have a clear legal duty of care to protect students from foreseeable harm.
“The findings confirm what we’ve long known: schools can’t ignore bullying – not in the classroom, not in the playground, and not beyond the school gates either – and that legal duty just got tougher to sidestep,” Ms Rolton said.
Ms Rolton said the introduction of a national anti-bullying standard would tighten accountability and make it more difficult for schools to avoid liability.
“Having a uniform approach – including a clear process for making complaints – will mean more accurate data on bullying incidents and, importantly, see more students coming forward as they feel supported and protected,” Ms Rolton said.
“That transparency will inevitably reveal where schools are dropping the ball. Once risks are logged, reported and benchmarked nationally, foreseeability becomes almost automatic – and that significantly increases legal exposure when preventative steps aren’t taken. With Far North Queensland already recording the state’s highest bullying rates, that risk has just escalated.”
Ms Rolton said regional schools remain under significant strain.
“A national standard is a step forward, but it can’t be one-size-fits-all,” Ms Rolton said.
“Regional and remote schools face unique challenges – limited staff, fewer support services, and communities where families often have no alternative schooling options. Those realities have to be recognised and resourced if we want safer outcomes.
Ms Rolton said recent enquiries suggest bullying in Queensland schools is becoming more frequent, more severe, and increasingly starting at younger ages.[2]
“We’re hearing from parents whose children have suffered serious harm from incidents that go far beyond name-calling or teasing,” Ms Rolton said.
“In some instances, students have sustained serious disfigurement during unsupervised play on school grounds, and in others, the behaviour has escalated to sexual assaults. Too often, parents are left with no choice but to remove their children from school or even move away from their community to escape the ongoing harm.”
Ms Rolton said many schools still attempt to distance themselves from incidents that occur outside school hours or off school grounds – a position that is increasingly risky.
“The law makes it clear that a school’s duty of care doesn’t end with the final bell,” Ms Rolton said.
“That duty extends to the playground, the bus stop, pick-up zones, before- and after-school periods, and even online spaces.”
Ms Rolton said what matters most in determining liability is whether there were warning signs or prior complaints that the school failed to address.
“If the risk was known, the duty to act still applies – and recent court decisions have made that very clear,” Ms Rolton said.[3]
Ms Rolton said stronger policies are welcome, but they are only as effective as the people who put them into practice.
“Policy commitments are important, but from a legal perspective, what matters is whether schools take practical steps to prevent foreseeable harm,” Ms Rolton said.
“When teachers or support staff see bullying and respond quickly, it can stop harm before it escalates. But when complaints go unanswered or early warning signs are missed, that’s when children start to slip through the cracks.
“These reforms – and importantly, the law – send a clear message: every student has the right to feel safe, and schools will be held to account if they fail.”
About Anti-Bullying Rapid Review
The Federal Government’s Anti-Bullying Rapid Review was commissioned by the Education Ministers Meeting in February 2025 to examine:
- How schools currently prevent and respond to bullying;
- Where inconsistencies exist across states and territories; and
- What a national framework or minimum standard should look like for handling bullying incidents within the education system.
To learn more, visit: https://www.education.gov.au/antibullying-rapid-review
[1] Queensland Audit Office, Protecting students from bullying (Report 6: 2024–25), December 2024, Appendix D (Far North region). Available at: https://www.qao.qld.gov.au/sites/default/files/2024-12/Protecting%20students%20from%20bullying%20(Report%206%20–%202024–25).pdf
[2] Queensland Audit Office, Protecting students from bullying (Report 6: 2024–25), December 2024, p. 14.
[3] New South Wales Supreme Court decision (T2 v State of New South Wales, 2024)
