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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.
This page needs further development. Any suggestions or additions are welcomed and will be given consideration.
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
All aspects of integrity and ethics for the Public Service area in the ACT. PDF documents are available, including a Code of Ethics. - 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 duty of care; - 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’. - 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’. -
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.
Tasmania
- Child Protection Publications
Documents that cover all aspects. Word and PDF. - Code of Professional Ethics
‘For the Teaching Profession in Tasmania’. - Inclusive Education Programs and Policies
Includes areas such as Gender, isolation, inclusive schooling, anti-discrimination and anti-harassment. - Off Campus Activities
‘Designed to help schools develop and implement outdoor education programs and to take advantage of the vast range of learning opportunities and resources available in local communities and in our diverse environment’.
Previously listed as Outdoor Education Guidelines. - 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. A copy is available for download. - 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 - Plan - Workload - Teachers. - Negligence
Information from VIT. - 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. - 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’. - Student Safety and Risk Management
Document covering all areas of student safety and procedures. - 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. - 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’. - Legislative & HR Responsibilities
While more Occupational Health & Safety, some legal aspects included. - 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. - Teacher’s
Duty of Care - Ireland
Comparative information. - Schools as Safe Places
Policy statement from the Australian Secondary Principals’ Association. Download in Word format.