- State admits violating its duty of care to pupil, stops short of accepting a breach of parental rights
- Mother Nicki Gaylard speaks out to the UN; shares story of her daughter’s traumatic exposure to radical “Comprehensive Sexuality Education”
SOUTH AUSTRALIA (25 APRIL 2026) – The Australian Department of Education has admitted in legal proceedings that it breached its duty of care toward a 14-year-old girl after she was exposed to highly inappropriate and explicit sexual content at school, without parental knowledge or consent.
The admission comes in the case brought by Australian mother of six, Nicki Gaylard, who initiated legal action in December 2025 following the incident at her daughter’s school in rural South Australia.
Year 9 girls, including Nicki’s daughter Courtney, were removed from regular lessons and placed into an unsupervised presentation facilitated by external personnel. During this session, the girls report being shown sexually explicit material and hearing graphic references that left them distressed and confused.
“There's a lot of trauma for my entire family after this occurred. And it's obvious that it still affects us, even today. Some might feel like it's so long ago, but it still lurks. You can't erase what you hear and what you see. It's not that easy. These things sit with you, and possibly for the rest of our lives."
Yesterday, Gaylard shared her experience at the United Nations in Geneva during the 61st Session of the Human Rights Council. She addressed an event, hosted by ADF International, gathered to highlight the dangers of “Comprehensive Sexuality Education” (CSE), in the context of growing international concerns about parental rights and age-appropriate education.
CSE is an approach to sex education that goes far beyond teaching children and young people the basics of human biology and reproduction. Driven in large part by the UN and its partners, the CSE agenda seeks to impart a “rights-based” approach to children, in which they are taught to challenge sexual and gender norms, advocate for their “sexual rights,” and focus on sexual pleasure. CSE, often conducted without parental consent, violates the right of parents, enshrined in international law, to guide the education of their children in line with their moral beliefs.
“There’s a lot of trauma for my entire family after this occurred. And it’s obvious that it still affects us, even today. Some might feel like it’s so long ago, but it still lurks. You can’t erase what you hear and what you see. It’s not that easy. These things sit with you, and possibly for the rest of our lives,” shared Gaylard.
Admission from the State
In its written pleadings, the State accepted that it owed a duty of care to Gaylard’s daughter and acknowledged that this duty was breached when a third-party provider was allowed to subject the young students to CSE instruction. The Department stopped short of admitting a breach in its duty to Gaylard, demonstrating a lack of regard for the vital role of parents.
The case concerns a session delivered by external provider “headspace,” in March 2024 during which Year 9 girls were shown explicit sexual content and images of “trans bodies” displaying double mastectomy scars. The presenters used the terms “sister love” and “brother love” in reference to people who have sex with siblings and referenced bestiality, telling the girls “Don’t Google it though”. The presentation took place without parental notification, consent, or the presence of a supervising teacher.
“I took this case forward for the sake of other kids across the country who shouldn’t have to go through what my daughter went through; and for all the parents who should never be sidestepped in this way,” said Gaylard.
Following the incident, Gaylard withdrew her children from the school, citing concerns over their safety and well-being. Despite requests, the third-party provider has refused to grant her access to the materials shown during the presentation. Gaylard’s daughter experienced severe and ongoing traumatic mental health repercussions from the incident.
“I’m seeking justice for my daughter, who was deeply affected by what she saw that day. Her childhood was shortened through exposure to completely inappropriate material headspace won’t even let me see. How can they be happy to show children what they are ashamed to show adults? Let children be children,” Gaylard added.
“Transparency, accountability, and respect for parental rights are essential.”
Robert Clarke, Director of Advocacy for ADF International, said: “No parent should be kept in the dark about what their child is being taught. Transparency, accountability, and respect for parental rights are essential. This case highlights the urgent need to ensure that parents are not sidelined in decisions affecting their children.”
“Sadly, Nicki’s case is an example of a larger pattern. Increasingly, parents are discovering that radical approaches to sex education – often shaped by internationally-developed curricula and promoted by activist groups at the national level – are being quietly rolled out. This case is about drawing a firm line: parental rights matter, transparency matters, and safeguarding children is not optional,” Clarke added.
State acknowledges multiple failures
The Department has also acknowledged multiple failures, including the lack of parental notification, failure to follow required vetting processes, and the absence of a teacher during the session. An investigation into the third-party presenter is ongoing.
ADF International is providing legal support to Gaylard’s case in line with its commitment to defend parental rights and ensure that children are protected from inappropriate content in educational settings.
