States & Territories Other Information

Employers have a duty of care to employees, educational institutions have a duty of care to students, staff and any others who use them. These range from Occupational Health & Safety concerns to roles in respect of child abuse, neglect and general supervision. All employing bodies and people in supervisory roles take these seriously. This is especially so in schools.

This page looks at duty of care in relation to staff and students in all states & territories. This ranges from codes of conduct to child protection, Occupational Health & Safety to supervision, in and out of school activities and more. Policies and guidelines from several sources are provided.

States & Territories

Australian Capital Territory

• Child Abuse and Neglect
  Guidelines for Schools and Preschools, Protocol between Family Services, Schools and Preschools]
  Downloadable guidelines and protocols.
• Code of Conduct for Volunteers
  Policy.
• Integrity Policy
  ‘The ACT Government is committed to encouraging its employees, and all persons who perform functions on its behalf, to act with the highest integrity’.
• Playground Supervision of Students
  Policy.
• Pregnant Students
  Policy.
• Sexual Harassment
  Countering in ACT Schools. Policy.
• Workplace Safety
  All aspects of Workplace Safety for the Public Service area in the ACT. PDF documents are available.

New South Wales

• Child Protection
  Policy documents, Child Protection.
• Code of Conduct
  Policy documents.
• Duty of Care
  PowerPoint presentation by Legal Services Directorate, 2005. From the NSW Teachers Federation site.
• Guidelines for Specific Sports and Physical Activities
  Multiple sections including Supervision, Welfare, Student Protection, more. There is also an Awareness Presentation Package available for these.
• Professional and Legal Responsibilities of Teachers
  Chapter extract from the Handbook for teachers in government schools.
• Student Discipline
  Policy documents;
• Volunteering - Duty of Care
  From NSW Department of Education.

Northern Territory

• Office of the Commissioner for Public Employment
  ‘Information on Human Resource Management and more’.
• Safety and Wellbeing
  Covers including wellbeing and behaviour, school wellbeing, safe schools and more.

Queensland

• Pregnant and Parenting Students
  ‘Young parents who leave school early often face greater hardship and poverty than young people who complete their education. School-based and community-based support is available to assist students to complete their education by identifying barriers and finding solutions to make the path to learning easier. A number of resources are also available that may assist schools to support pregnant and parenting students’.
• Queensland Independent Education Union
  Statement on Workplace health and safety. Access to Fact Sheets, legislation, organisations, training information and more.
• Queensland Legal Aid Office
  Statements Schools and Universities done in Q & A format.
• Safe, Supportive and Disciplined School Environment
  Policy and procedures from Education Queensland.
• Student Protection
  ‘Responsibilities and commitment of Education Queensland to providing a safe and supportive learning environment, and preventing and responding to harm or risk of harm for all students’. There is even a Checklist for Principals Student Protection Responsibilities [PDF format].
• Student Protection [Queensland Catholic Education Commission]
  Overview plus downloadable Student Protection Manual. Also access a School Cybersafety Policy Template.

South Australia

• Camps & Excursions Guidelines for Schools and Preschools
• Catholic Education Duty of Care
  2004 Policy.
• Child Protection [CESA]
  ‘The South Australian Commission for Catholic Schools requires its schools to implement child protection practices’. Information, Key Elements, link to further information.
• Child Protection
  Multiple areas.
• Duty of Care
  Brief statement about what this is.
• Duty of Care Policy
  ‘Education for the 21st Century’.
• Duty of Care when using Social Media
  Brief statement plus links to related information.
• Emergency and Crisis Management
  handling Critical Incidents.
• Occupational Health & Safety
  Multiple areas in menu.
• Protective Practices for Staff In Their Interactions With Children and Young People
• Risk Management Information Pack
• Site Leaders and The Law
  Understanding legal obligations relating to Duty of Care.
  Currently being updated and will be provided shortly
• Staff Information
  Child & Student Health and Wellbeing.

Student Work Experience

Several documents relate to Duty of Care.

• Sexual Harassment;
• Racial Discrimination.

Tasmania

• Child Protection and Children in Care
  Departmental Policy document.
• Code of Professional Ethics
  ‘For the Teaching Profession in Tasmania’.
• Guiding Principles for Individual Education Planning
  PDF download of these guidelines.
• Inclusive Education Programs and Policies
  Use the contact details on this page or access the various policy documents listed at the bottom for further information.
• Learner Wellbeing and Behaviour Policy
  Departmental document.
• Our Children, Our Young People, Our Future
  ‘Our Children Our Young People Our Future maps out the way in which services to support children and young people will be focussed over the next ten years. At all times, children, young people and their families are at the centre of service delivery’. You can find the Educate Actions on this page.
  You now need to be able to log in to access these sites.
• Procedures for Planning Off Campus Activities
  Information and procedures for ensuring safety and well-being during off campus activities.
• Personal Information Protection and Your Right to Information
  Information, legislation, link to policy.
• Tasmanian Professional Teaching Standards Framework
  ‘The purpose of these Professional Teaching Standards is to “map the territory” of teaching, explicitly describing what teachers know, value and do at different stages of a career’, There are multiple downloads available, including self audit checks.

Victoria

• Code of Conduct for Teachers [VIT]
  Code of Conduct, FAQs, Workshop. Download a copy here.
• Education Sector
  Worksafe Victoria. Information, Guidance Notes, Education Materials, tools, more.
• Employee Health Unit Publications
  ‘Information to assists schools and other workplaces to achieve a safe and healthy environment which supports the wellbeing of all employees, students, contractors and visitors. The majority of these materials are accessible for download’.
• Health & Safety
  O H & S information from the Education Department.
• Human Resources Workforce Management
  ‘Workforce management is a planning and accountability framework for principals and managers that ensures the Department’s strategic priorities and objectives are delivered in an efficient and cost effective way, whilst providing for fairness in human resource management practices. Select the appropriate link for further information’.
• Negligence
  Information from VIT.
• OHS Risk Management
  ‘Identifies, assesses, controls and monitors Occupational Health and Safety [OHS] risks throughout the organisation’.
• Primary Welfare Officer Initiative
  ‘To enhance the capacity of schools and primary welfare officers to support students who are at risk of disengagement from school and who are not reaching their educational potential’
• Professional Issues in Education
  Covers many areas.
• Risk Management
  ‘Details the minimum requirements for risk management in schools’. Policy.
• Safety, Emergency and Risk Management
  Document covering all areas of student safety and procedures.
• Safety Guidelines for Education Outdoors
  ‘Support the planning and approval of : overnight excursions; camps; interstate and overseas visits; excursions requiring sea or air travel; excursions involving weekends or vacations; and adventure activities’.
• School Focused Youth Service
  ‘Designed to support effective links between the primary prevention work done by school-based support services within the education sector and the early intervention provided by the community sector’.
• The Legal Obligations of a Teacher
  Download this document from VIT.

Western Australia

• Child Protection Policy
  Procedures, policy and guidelines.
• Duty of Care
  Procedures, policy and guidelines. This is part of a longer listing of Duty of Care policies which can be accessed from this page.
• Duty of Care & Excursions
  Procedures, policy and guidelines.
• Duty of Care VET for School Students Attending TAFEWA Colleges
  Procedures, policy and guidelines.
• Human Resources Services
  ‘Responsible for all aspects of conditions of employment, payroll and provides occupational safety and health and employee well-being services for all Department staff’.
• Injury Management and Workers Compensation
• Occupational Health & Safety
  Newly revised policy as of July 2012.
• Outdoor Education and Recreation Activities
  Procedures, policy and guidelines.
• Other Duty of Care Policies & Guidelines
  Search for information from other, related policies.

Other Information

Documents

Documents on aspects of duty of care both for, and by, school staff. Listed as article, PDF, Word, Other.

• Court Agonises over Schools’ Duty of Care
  Sydney Morning Herald.
• The Duty of Care Owed by Teachers to Students
  Article about litigation & cases.
• Duty of Care in Youth Work
  Fact sheet
• Management Issues : Topics
  Duty of care relating to staff issues. Multiple topics covered.
• Staff and Student Safety
  ‘The most valuable assets in any school are the students and members of staff. Given the nature of educational institutions, staff and student safety is not always guaranteed. In the event of a health or security issue in the school, what does your school have in place ? School administrators and boards also have a duty of care to employees, educational institutions have a duty of care to students, staff and any others who use them. These range from Occupational Health & Safety concerns to roles in respect of child abuse, neglect and general supervision’. List both general, and state specific, links for these areas.
• Teacher’s Duty of Care - Ireland
  Comparative information.
• Schools as Safe Places
  Policy statement from the Australian Secondary Principals’ Association. Download in Word format.

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