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Further implications
Whatever the potential educational advantages of mobile phone use in Australian schools, it seems likely that other states may well follow New South Wales and prohibit the devices being brought to school or brought into the classroom.
All schools have a legal responsibility to provide students with a safe environment within which to learn and there is growing concern that the misuse of mobile phones by students is making it increasingly difficult for schools to fulfil their duty of care. This situation may obviously have severe personal repercussions for psychologically abused students and may also have major legal implications for schools.
In September, 2017, a writ was lodged before the Victorian Supreme Court by a 16-year-old boy who claimed he was subjected to constant bullying, harassment, taunting and homophobic insults as a student at a Victorian secondary college between 2013 and 2015, before he left in Year 9. The boy is suing Victoria's education department, and alleges the emotional trauma he suffered impaired his learning capacity. The boy's lawyer has stated, 'Schools owe their students a duty of care and where this is breached, they may be held liable for the damage and may be compelled to compensate those who've been harmed.'
In 2013, researchers Amy Dwyer and Patricia Easteal published a paper titled 'Cyber Bullying in Australian Schools: The question of negligence and liability'. Ms Dwyer and Ms Easteal found a school could be responsible if the cyber bullying occurred on school grounds, during school hours or using school owned technology.
The researchers explained, 'It is...possible that schools may be responsible if they have knowledge of the cyber bullying, or if they regulate student conduct, including through student conduct or anti-bullying policies, in such a way that they are subjecting students to its control but are inadequately implementing or monitoring anti-bullying policy regulations.'
Their report concluded, 'We strongly recommend that schools therefore should be proactive and take on increasing responsibilities to protect students from cyber bullying.'
The parents of a 14-year-old Queensland schoolgirl, who committed suicide after suffering physical and cyber bullying at a private Queensland secondary school, stated on A Current Affair, in May, 2018, that they believe their daughter's school did not do enough to protect her.
Following this death, the Queensland government has rejected demands that mobile phones be banned in schools across the state. A spokesperson for the Queensland premier, Annastacia Palaszczuk, has stated, 'Decisions about the use of mobile phones during school hours are for the principal, in consultation with the school community...[However,] the Government is willing to listen to ideas put forward.'
Responding to the death of the 14-year-old Queensland schoolgirl, Susan McLean, an Australian expert in the area of cyber safety and young people, who advises the Federal Government as a member of its Cyber Safety Working Group, criticised the response of the Queensland government, arguing that the Queensland Education Department should mandate ?a blanket ban, rather than allowing principals to formulate their own rules.
Ms McLean concluded, 'Schools risk being sued by parents over their failure to provide a safe place for students - both online and offline. Duty of care is a legal tenet applicable to every school in Australia.'
Further instances of serious cyber bullying, related suicides and possible legal action against schools may well see other Australian states and territories follow New South Wales' lead and prohibit the use of mobile phones within their schools.