Duty of Care for Students Policy 2003 Doing our best for the safety and welfare of students

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Duty of Care for Students Policy 2003
Doing our best for the safety and welfare
of students
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LOVE THY NEIGHBOUR

• As members of the community, we all owe a duty of
  care to other members of the community.

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• Duty of care means a duty imposed by law to
  take care to minimise the risk of harm to others.

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• Members of the Teaching Staff not only have to
  ensure that their own conduct does not result in
  foreseeable injury to others, but they also have
  to take reasonable, positive steps to ensure that
  their students conduct does not result in injury
  to themselves or others.

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The justification for the imposition of a special
duty of care on members of the Teaching Staff
arise from two main factors

• Compulsory requirement that children attend
  school (parents are unable to care for them
  during this time)
• Need of children for protection

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• Provision of adequate supervision for students
• Maintenance of proper order and discipline

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• Safe grounds, premises and equipment

• Prevention of bullying

• Medical assistance for sick or injured students

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Allows for persons who are not teachers performing
a supervisory role in relation to students,
subject to a number of provisos.
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• Teaching Staff has the same meaning as in
  section 237 of the School Education Act 1999
  (WA) and regulations 127 and 127A of the School
  Education Regulations 2000 (WA).

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• Non Teaching Staff means
• employees who are employed at the premises of a
  Government school and who are not members of the
  Teaching Staff
• school nurses
• school chaplains and
• school-based police officers.

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• External Provider means a business/individual
  paid by the school to provide a venue, service
  and/or expertise appropriate to a particular
  School Activity.

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• Volunteers means a person who offers his or
  services for School Activities, but receives no
  remuneration from the School for the services he
  or she provides.

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• Caring or personally caring may carry a different
  meaning depending on the situation.

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• Avoiding acts or omissions that could cause
  injury to students,

• Precautions and intervention,

• Safety procedures and adequate instructions.

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AM I DOING MY BEST FOR THE SAFETY AND WELFARE OF
THESE STUDENTS ?
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• The meaning of Reasonable Care is influenced by a
  number of factors

• The level of care varies inversely with the age
  of students.

• The level of care is increased where students are
  known to behave in a manner that increases the
  risk of injury.

• Students with physical or intellectual
  disabilities require higher levels of care.

• Students who are affected by a medical condition
  require particular consideration.

• Increased care is required in relation to
  activities with an inherently high level of risk
  of injury.

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So when will a duty of care be owed?
A duty of care is owed to students whilst
students are involved in School Activities or are
present for the purposes of a School Activity.
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• The duty requires not only protection from known
  hazards, but also protection from harm that could
  foreseeably arise and against which preventative
  measures can be taken.

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• When deciding whether a member of the
  Non-Teaching Staff, an External Provider or a
  Volunteer might personally care for students,
  Teaching Staff must satisfy themselves that the
  person is suitable for the task being assigned.

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When assessing whether a particular person is
suitable to care for students during a particular
school activity, Teaching Staff must consider
factors such as the

• Number of students involved
• Age, experience, capabilities behaviour of the
  students
• Nature of the environment, premises and of the
  activity to be undertaken and

• Age, ability, experience and general suitability
  of proposed carer.

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Non-Teaching Staff, External Providers and
Volunteers must be asked.
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• Teaching Staff must provide Non-Teaching Staff,
  External Providers and Volunteers with clear
  instructions as to the level of care required for
  students.

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• If Non Teaching Staff, Volunteers and External
  Providers agree to personally care for students,
  they must take such measures as are reasonable in
  all the circumstances to protect students from
  risks of harm that reasonably ought to be
  foreseen.

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• Duty of care owed

• Duty of care breached
  (failure to exercise reasonable
  care)

• As a result of the breach, an injury was suffered

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Thank You