Peer abuse as a legislated child protection issue for schools

The ethical and professional issues involved in determining responses to peer abuse have been significantly challenged by new legislation and it is timely to consider such abuse as a child protection issue for schools given the well- documented long-term impact of the behaviour. The proclamation in December 2000 of the Children and Young Persons (Care and Protection) Act 1998 in NSW, mandates early notification of all forms of abuse, and increases both the level of responsibility and liability for litigation of teachers and schools for failure to offer an appropriate level of protection to victims. A case study is discussed describing recent litigation against the Department of Education and Training in NSW which serves to illustrate that severe peer abuse fits the definitions and applications of the Act. It is suggested that early invocation of the process prescribed may help avoid such litigation in future but more importantly could provide protection for victims of serious peer abuse.