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✓ ABC NewsPower & Policy

NSW appeals ruling that ex-teacher isn't liable for student abuse

NSW is appealing a judge's ruling that a former teacher is not liable for abusing students in 1978 and 1979.

A Sydney teacher found to have sexually abused four boys aged 13 to 15 in 1978 and 1979 faces a fresh legal fight. Last year, Justice Ian Harrison ruled Helga Lam couldn't have foreseen the harm because society understood child abuse differently then.

The victims won $2.5 million from NSW. The state now sues Lam to recover part of it.

NSW argues she knew the conduct was wrong and would cause harm. They point to the boys' visible distress.

Lam has never been convicted criminally. Laws in the 1970s did not apply to women.

The two-day hearing tests whether courts should judge foreseeability by modern or historical standards.

1978 and 1979
Abuse period
13 to 15 years old, four boys
Victims' age
$2.5 million to the men from NSW
Settlement amount
Sydney, NSW Supreme Court
Court location

Why it mattersThe appeal could set a precedent for holding individuals financially liable for historical abuse and reshape how courts assess responsibility across decades.

AustraliaThe ruling may affect how Australian courts handle damages and liability in older sexual abuse cases and influence settlements with other victims.

✓ Claims checked against the source. checked 3 h ago

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