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5Professional and Legal Responsibilities of Teachers

5.1Professional Responsibilities of Teachers1

5.1.1Introduction1

5.1.2Professional Responsibilities1

5.2Code of Conduct3

5.3Child Protection4

5.4Care and Supervision of Students5

5.4.1Introduction5

5.4.2Care and Supervision of Students - Terms of Settlement Between the NSW Department of Education and Training and the NSW Teachers Federation5

5.5Legislative Responsibilities of Teachers11

5.5.1Introduction11

5.5.2Education Act 199011

5.5.2.1Objectives for Administration of this Act or of Education, Section 611 5.5.2.2Register of Enrolments and Attendances, Section 2412 5.5.2.3Instruction to be Free, Section 3112

5.5.2.4Special Religious Education, Section 3212
5.5.2.5Objection to Religious Education, Section 3312 5.5.2.6Admission to Government Schools, Section 3412 5.5.2.7Discipline in Government Schools, Section 3513

5.5.3Teaching Services Act 198013

5.5.4Education Teaching Service Regulation 200113

5.5.4.1Compliance with Statutory Conditions of Service, Clause 514 5.5.4.2Compliance with Directions, Clause 614
5.5.4.3Scope of Duties, Clause 714
5.5.4.4Disclosure of Information, Clause 814
5.5.4.5Management of Schools, Clause 1015
5.5.4.6Medical Examination, Clause 1115
5.5.4.7Director-General to be Notified of Serious Offences Committed by Members of Staff, Clause 2015

5.5.5Children and Young Persons (Care and Protection) Act 199815

5.5.6Crimes Act 190015

5.5.7Anti-Discrimination Act 197716

5.5.8Occupational Health and Safety Act 200016

5.5.9Freedom of Information Act 198917

5.5.10Public Finance and Audit Act 198317

5.5.11Privacy and Personal Information Protection Act 199817

5.5.12Child Protection (Prohibited Employment) Act 199817

5.6Policy for Members of the Education Teaching Service on the Issuing of Personal References to Other Staff Members18

5.6.1Department's Policy on the Provision of Personal References18

5.7Discipline Guidelines19

5.7.1Overview19

5.7.2What is a Breach of Discipline?19

5.7.3Disciplinary Process19

5.7.4What Penalties Apply?20

5.7.5Duties of Teachers During the Discipline Process20

5.7.6Reporting of Criminal Charges20

5.8Crown Representation in Criminal and Civil Proceedings21

5.8.1Criminal Proceedings21

5.8.2Civil Proceedings22

5.9Internal Reporting of Protected Disclosures23

5.1Professional Responsibilities of Teachers

5.1.1Introduction

Teachers in the Education Teaching Service have a responsibility to ensure that students gain the knowledge and skills they require to become effective learners and ultimately effective and responsible citizens and understand and appreciate the values and beliefs supported by Australian society.

They also have a responsibility to meet the high standards of professional and ethical behaviour required by the Department, the public, parents and the profession itself.

Teachers undertake this responsibility within the framework of the law and lawful instructions from their employer.

The responsibilities listed below provide guidance for teachers as members of the teaching profession and will assist in giving direction to their interaction with teaching colleagues. They will also guide teachers in meeting the needs of students, in working with parents or caregivers and other staff, in liaising with the public and in being responsible and committed employees of the Department.

5.1.2Professional Responsibilities

The following statement of professional responsibilities must be adhered to by all teachers.

In carrying out their duties and responsibilities...
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