When Communication Breaks Down: The Legal Risks Schools Face in Sport

April 2, 2025

A schoolgirl. A physio’s advice. A conversation that never made it into the right hands.

For many educators, student safety is the top priority. It’s why schools go to great lengths to provide secure environments where students can thrive, whether in the classroom, on the field, or in extracurricular activities. But even the most well-intentioned efforts can falter.

Sometimes, mistakes are made. And while no one wants to see a student hurt, these mistakes can often stem from one key issue: poor communication.

When sport turns into a legal liability

Extracurricular activities like sport offer students rich experiences that support their personal growth and wellbeing. But behind the scenes, school staff juggle complex logistics and a duty of care that extends far beyond the playing field. And when communication falters, the consequences can be devastating, not just for the student, but for the school’s reputation and legal standing.

A real-world case that cost a school nearly $200,000 in damages

A  case highlighted in our 2025 into the Health, Legal & Reputational Risks In Extracurricular Activities illustrates the stakes. A 16-year-old student at a Melbourne school informed both the principal’s assistant and her sports teacher that she had been advised by her physiotherapist not to play in an upcoming lacrosse game due to an existing knee injury.

Despite this, the student was permitted, and encouraged to play. She was injured during the match, and a court later found the school liable, awarding nearly $200,000 in damages [1].

What went wrong? The student had raised the red flag. But the school lacked a system to record that medical advice or ensure that key staff received and acted on it. The breakdown was in communication.

Communication isn’t just a nice-to-have, it’s a legal safeguard

The legal risks associated with extracurricular programs are real, and growing. According to a Macquarie University study:

93% of schools using an Extracurricular Management System (EMS) like Clipboard to manage incidents felt it reduced their legal risk.

Concussions, which often present delayed symptoms, go untracked in schools still using paper-based or inconsistent systems heightening the risk of long-term health issues and legal exposure.

And yet, many schools still rely on fragmented processes manual notes, emails, verbal updates, to manage student attendance, injuries, and availability.

Schools must modernise to mitigate risk

Tools like Clipboard eliminate the communication gaps that put schools at legal risk.

Real-time incident reporting ensures critical updates reach the right people instantly. At Pymble Ladies’ College, coaches log incidents on the spot, and relevant staff are alerted right away.

Centralised communication means no more relying on memory or scattered emails. Schools like St Joseph’s College and Lauriston Girls’ School now have one source of truth across sport, music and more.

Visibility and accountability mean staff can track who’s turned up, who’s reported an injury, and who shouldn’t be playing, all in one platform.

As Jack Pennington, Head Strength and Conditioning Coach at Pymble Ladies’ College highlights the benefits of a streamlined incidents reporting process, “A coach puts it in straight after an incident happens, and then that email goes straight out to the people who need it. It means that everyone's across the details because we've got girls here who play a huge variety of sports at one time.” But beyond efficiency, this visibility is a safeguard—a shield against serious incidents slipping through the cracks.

Final thought: Mistakes happen, but they don’t have to lead to legal consequences. With Clipboard, schools can streamline their communication, making sure that crucial information—whether about an injury, a student’s participation, or any other issue is captured and acted on in real time. This helps reduce the risks schools face and allows educators to focus on what matters most—students’ growth and safety.

[1] https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCC/2012/1453.html

David Weinberger

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