ACT courts have issued more than 50 apprehended violence orders to schoolchildren against their fellow students this year.
The courts have granted 54 ''school-based'' protection orders where both parties attend the same school so far in 2008, an increase of almost 40 per cent on last year's 39 orders, as families turn to the courts in record numbers to protect their children from schoolyard violence.
The orders can apply to children as young as eight, require a court appearance and force the alleged bully to keep a distance of between 3m and 100m from their accuser, making them notoriously difficult for a school to enforce. Breaching an order is an offence that can result in a child acquiring a criminal record.
The escalating figures, issued by the ACT Magistrates Court this week, come 18 months after Education Minister Andrew Barr promised action on school bullies.
In May last year, the minister pledged to look at ''system-wide practices and crisis management'' in response to Justice and Community Safety Department statistics showing a 100 per cent increase in families applying for school-based protection orders between 2005 and 2007.
But Canberra lawyer Sheila Foliaki-Singh, who has represented 10 children applying for orders in the past year and advised another 20 clients in cases where the victims stopped short of court action, said schools were allowing bullying to spiral ''out of control''. She said, ''There's not enough being done at the school level.
''Sometimes teachers don't take these things seriously enough and things get to a stage when parents feel they have no choice but to take court action.
''Many parents say they've complained and complained to the school and that they have had enough and then they go to court.''
The Civic-based lawyer said the Magistrates Court figures represented the ''tip of the iceberg''.
''It's only in the worst-case scenario where they actually issue orders: in a lot of cases the matters are listed for conference so the issues can be mediated,'' Ms Foliaki-Singh said.
''Almost all the magistrates that I've appeared before have asked what the school is doing about the individual problem and why the matter has come to court.''
Mr Barr was in the Northern Territory yesterday, but a spokesman said the department's efforts to raise awareness of the problem of school bullying could have contributed to the rise in protection orders. The minister had responded appropriately to the surge of applications for court orders.
The minister instructed the Department of Education and Training to establish the ''Safe Schools Taskforce''.
Ms Foliaki-Singh said many parents were pushing ahead with applications for orders despite increasing reluctance among lawyers to advise clients to go to court.
The process can take months, cost up to $3500 and be harrowing for a child.
''It's very traumatic and I don't recommend it,'' she said.
Ms Foliaki-Singh said that court action was often the last resort of parents, who were desperate because police were powerless to move against the bullies unless assault charges could be laid and the Education Department would not expel violent or disruptive students.
Acting ACT Commissioner for Children and Young People Dr Helen Watchirs said the increase in court orders was ''a concern.''
''My main concern is that it might reflect increase in actual violence.
''It's concern and I'd like to dig a bit deeper into it.''
The commissioner said that she wanted to see more mediations at the school level, before matters were brought before the courts.
''With bullying, you've really got to resort to mediation rather than litigation, from a human rights perspective, to fix the problem, rather than band-aid solutions like protection orders,'' she said.
''I understand that's what the policy is in schools but whether or not that's happening is another issue.''