Out and About at Murwillumbah Public School

Learning at Murwillumbah Public School is a vital process and whilst many great things happen inside the school grounds and classrooms it is wonderful to see students engaged in a huge range of activities that take place off site.

The school has great traditions that allow students to have experiences in the local and wider community.

The strength of the school’s music and dance programs sees students perform regularly in the local community and festivals and also travel to Sydney to be a part of the NSW Public School’s Festival of Performing Arts. As well as performance experience they get to visit many points of interest in Sydney to learn about our Indigenous and European History.

The school’s excursion program sees all students in years K-6 enjoying off site learning. K-2 have an annual trip to either the local swimming complex or Tropical Fruit World.

Students in Years 3 & 4 will have a camp night in the school grounds this term. Tents are set up under the COLA and a night a fun and adventure games follow. The next day they head out to explore places of interest in Tweed Heads and conclude with an afternoon of strikes at tenpin bowling.

Years 5 and 6 are looking forward to their camp later this term which sees them heading west of

Tamworth to Lake Keepit Sport and Recreation Centre. Students will be involved in a comprehensive outdoor education program designed to build team working skills, introduce activities such as sailing and canoeing and challenge students with orienteering, obstacle courses and mud runs. The children will participate in astronomy night and be engaged in the environmental education program offered.

This week students in years 3-6 will be attending a day of high stimulation and entertainment at the Byron Writers Festival. Murwillumbah Public School offers opportunities and the students take them on eagerly.

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THE LEGAL LIGHT!

What is the tort of misfeasance?

The Tort of Misfeasance – it sounds like an evil spell in Lord of the Rings or Harry Potter, and in a way it’s similar. Misfeasance is a legal term relating to the abuse of power by a person holding public office.

The term was used in the final report of the Royal Commission into the Robodebt Scheme, which revealed the full extent of the harm caused to thousands of vulnerable people by the former coalition government’s automated welfare debt recovery program.

The report said the people behind robodebt caused extraordinary harm through “venality, incompetence and cowardice”, concluding that the “elements of the tort of misfeasance in public office appear to exist”.

It will be up to federal police and the new National Anti-Corruption Commission whether anybody faces criminal or civil charges stemming from the royal commission investigation. But those who have been harmed by robodebt may be able to make a claim against the government under the tort of misfeasance, as it has been found that key officials knew robodebt was unlawful, yet persisted with its execution.

Stacks Law Firm lawyer Christopher Morris says misfeasance in public office occurs when there is an abuse of public power or authority by a public officer, where the officer knew they were abusing their power or were recklessly indifferent to the abuse.

“It would also be necessary to prove that the officer acted with malice, and they knew their action would most likely cause harm, or they had reckless indifference to the probability of harm,” Mr Morris said.

“This sets a high bar for misfeasance to be proved in court, as it is more likely a judge would accept incompetence of a public officer, than that they acted with malicious intent.”

This was the finding of Federal Court Justice Bernard Murphy in June 2021, when he approved a settlement of $1.8 billion between the Commonwealth and victims of the robodebt scheme.

The judge found there was “massive failure” and while it should have been obvious to government ministers and senior public servants that robodebt was “flawed”, he concluded the unlawful automated debt collection system was a “stuff-up”, rather than a conspiracy.

Mr Morris said this judgement was delivered before the damning report of the royal commission and there could be further legal action for damages.

“Robodebt victims got their money back, but the settlement did not include damages for harm and distress caused by the coalition government’s actions. “Public officials can be prosecuted for abuse of public office and jailed for up to five years. The consequences of the terrible robodebt scheme have a long way to run.”