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.
• Physical Contact with Students
  Primarily sporting activities and the handling of students.
• Student Discipline
  Policy documents;
• Teachers’ Duty of Care
  New South Wales Teachers’ Federation document on the basics and legal responsibilities.

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

• 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

• 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’.
• Occupational Health & Safety
  Multiple areas in menu at left.
• Site Leaders and The Law
  Understanding legal obligations relating to Duty of Care.
• Staff Information
  Child & Student Health and Wellbeing.

Student Work Experience

Several documents relate to Duty of Care.

• Sexual Harassment;
• Racial Discrimination.

Tasmania

• Child Protection Publications
  Documents that cover all aspects. Word and PDF.
• Outdoor Education Guidelines
  ‘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.’
• Supervision of Students
  General information, gender issues, staff-student ratios and more.
  Now need to be able to log in to access this site.
• Statements of Duties
  Covers all levels.

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. PDF format.

Western Australia

• Child Protection Policy
  Procedures, policy and guidelines;
• Duty of Care
  Procedures, policy and guidelines;
• Duty of Care & Excursions
  Power Point Presentation covering this topic.
• 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;
• Policies & Guidelines
  Search for further information as required.

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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
• 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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