Prom Issue 1 2013 | Page 10

Indulge me on a couple of scenarios.

Scenario 1/ You’re the Senior Administration official of a nongovernment high school. A committee of students approach you to ask for the schools support in planning and executing

a formal. You

unequivocally say NO!

Under no

circumstances will you

support a formal, in fact

you FORBID this from

taking place.

Scenario 2/ The same

committee DOESN’T

approach you and the

permission is never sought, nor granted. You’re not even aware of any formal being planned.

In both of these scenarios, the natural assumption is that a formal is not going to take place, and therefore, there is no liability exposure for the school.

If this is your assumption, then this may well be the “Ostrich Mentality” at play because you’d probably be dead wrong.

In surveys conducted of Sydney metropolitan schools, it was determined that 86% of all formal committees that were not granted permission to hold a formal, did so regardless, and used the school’s name in all relevant

booking agreements.

Here’s the really frightening part. In all of these cases, if anything should go wrong at these unsupervised events, an injury or property damage may potentially cause an automatic liability exposure to be attracted to

the school. In the case of non-government schools, a damages claim could be brought and even if successfully

defended, the cost of running such a case could financially cripple such a school. In NSW, even when you win

a lawsuit of this type, and win a costs order, the most you’ll likely receive is 2/3 of your costs, leaving you to wear the rest.

In the case of government schools, an action could be brought upon the state, and the ramifications for senior

school officials could also be damaging to careers.

In both cases, adverse publicity surrounding such a case would be potentially devastating to future enrolments.

While these are scary thoughts to have, the simplest method of avoidance is simply to support and steer such events to successful ends by taking charge and seeking reputable professionals to assist with plans.

Rebecca Ellston holds Degrees from Griffith University in Law, Majoring in Constitutional Law, also Media Communications & Journalism and a Certificate 1V in Business, Majoring in Event Management.

86% of all formal

committees that were

not granted

permission to hold a

formal, did so

regardless, and used

the school’s name in

all relevant booking

agreements.

Liability Exposure

Liability Exposure

As a school official, you've said NO to the formal. You're covered, right? You'd better sit down...

by Rebecca Ellston

In surveys conducted of Sydney metropolitan schools, it was determined that 86% of all formal committees that were not granted permission to hold a formal, did so regardless, and used the school’s name in all relevant booking

agreements.

Here’s the really

frightening part. In all

of these cases, if

anything should go

wrong at these

unsupervised events,

an injury or property

damage may potentially

cause an automatic liability

exposure to be attracted to the school.

In the case of non-

government schools,

a damages claim

could be brought

and even if

successfully

defended, the

cost of running

such a case could

fiancially

cripple such a school. In NSW, even when you win a lawsuit of this type,

and win a costs order, the most you’ll likely receive is 2/3 of your costs, leaving you to wear the rest.

In the case of government schools, an action could be brought upon the state, and the ramifications for senior school officials could also be damaging to careers.

In both cases, adverse publicity surrounding such a case would be potentially devastating to future enrolments.

While these are scary thoughts to have, the simplest method of avoidance is simply to support and steer such events to successful ends by taking charge and seeking reputable professionals to assist with plans.

Ignoring this issue is likely to bring about a greater risk than exists already.

Rebecca Ellston holds Degrees from Griffith University in Law, Majoring in Constitutional Law, also Media Communications & Journalism and a Certificate 1V in Business, Majoring in Event Management.

For the information of schools and organisers, Prom Night Events provides a cost-free and obligation-free assessment of your formal plans with 40-point checklist of legal compliance to identify whether you have any anomalies, exposures, or whether you can be upgraded to a better venue or inclusions package. Register for this service at www.prom.com.au. – ED

NEXT EDITION...

Formal Vs Exams

The battle for the attention of graduating students. 97% of Year 12’s consider the formal as more important to them than the exams.

Page 9 PROM Magazine August 2013

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