Wednesday, March 13, 2013

Cyber Bullying

cox v State of New South Wales [2007] NSWSC 471 - here

Cox is the leading case on school debt instrument for bullying of children by their peers, with educational institutions and authorities owing a duty of care to students.

The NSW Supreme Court awarded $220,000 for pain and ugly to 18-year-old Benjamin Cox after finding that the NSW state education Department had failed in its duty of care to deal with on-going bullying. Coxs mother Angela had sued NSW on his behalf, claiming bullying, which started in infants school and continued in later years, had resulted in her son having little education and organism unable to work.

The court heard that, while at Woodberry customary School in 1994 and 195, Cox was hit and choked by an older boy (an attack recognised through pay from the Victims Compensation Tribunal). His mother reported the events - one Education Dept typical reportedly commented that bullying builds character and that he thought it was a good thing that Ben got bullied - but the bullying continued, with the perpetrator reportedly stating It was funny how the police came to my house. And if they come again, Ill threaten to cut set down you.

By the time he started high school Cox reportedly thought school a scary propose and became a recluse.

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He didnt give care crowds, he didnt like teachers, didnt like the work. He had only completed development up until the end of year 7. An attempt at home schooling had failed. His mother said he rarely went out, had no friends, meet locks himself in his room playing PlayStation games, and was unable to hold down a job.

Simpson J commented that the schools responses to Mrs Coxs repeated reports were drearily inadequate.

This was not a case of attempting to prevent something which may or may not have occurred; what was called for were steps that would eradicate a known course of conduct.

She concluded that Coxs

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