English: This article briefly discusses some legal determinants that influence education in
Australia and South Africa, respectively. It is evident that schools whose hierarchy
members fail to take the necessary steps to ensure a non-threatening environment may
be held liable if negligence can be proven. The focus is therefore on principles and
procedures regarding the management of learner discipline, with specific reference
to bullying. The article concludes with an analysis of qualitative data from a research
project into learner discipline in Australia and South Africa, and a comparison of the
respective risk management strategies.