Wa Student Duty of Care Policy

Topics: Law, Education, Negligence Pages: 6 (1979 words) Published: April 18, 2013
Memo for The Department of Education and Training, Western Australia (DETWA) To: All School Principals within the DETWA.

Subject: A GUIDE TO HELP PARENT’S UNDERSTAND, THE WESTERN AUSTRALIAN DEPARTMENT OF EDUCATION & TRAINING, DUTY OF CARE POLICY FOR STUDENTS. Please find enclosed a detailed guide to helping your parents / caregivers understand the “Duty of Care Policy for Students”. This guide is an analysis of the policy document noting the key points that are easily understood by parents. The report will also detail two scenarios providing examples of situations that can occur at any school and an action plan response to each scenario by following the duty of care policy guidelines.

1.0 Introduction
2.0 Background regarding the policy & Part 1 -Document Analysis 3.0 Duty of Care explanation
4.0 Reasonable Care explanation
5.0 Key points to note
6.0 Part 2 -Action Plans
7.0 Scenario 1 & action plan response
8.0 Scenario 2 & action plan response
9.0 Conclusion / Personal Reflection
10.0 References

1.0 Introduction
As parents, the “Duty of Care” policy is more than likely decidedly foreign. From here many questions, no doubt will arise? Why did the Western Australian government put this in place for their Department of Education and Training? What significance does this document have towards my children, parents may also be thinking? So many thoughts and questions have no doubt once or twice crossed a parents mind. I am sure some may not even be aware of this documents existence.

2.0 Background regarding the policy & Part 1 – Document Analysis To answer these imminent questions above, the significance of this report is to offer the Parents of Western Australian students attending primary and secondary schools, a further understanding. The Western Australian Government wrote the policy so that it would be implemented within the Department of Education WA and then handed down to all teachers. The document became effective on the 26/06/2007 and updated 02/08/2012. (Department of Education and Training, Western Australia (DETWA), 2012,1). “As noted by the Department of Education and Training, Western Australia (2012,3)” this policy was created to ensure that all teaching staff, non teaching staff and volunteers know their legal responsibilities in ensuring reasonable care occurred to maintain the safety and wellbeing of all students whilst in their care and avoid acts that may result in injury. This policy is not just limited to within the school grounds but also outside school grounds, excursions and activities that fall under the care and guidance of school teachers, regardless of where the activity or lesson may occur.

3.0 Duty of care explanation
What is the Duty of Care?
Newnham (2000, 2) describes the Duty of care as a legal concept that was put in place under the Common Law, and it is well established in education regulations.

4.0 Reasonable Care explanation with key points to note
What is Reasonable Care?
The Department of Education and Training, Western Australia, (2012, 3) also describe reasonable care as a situation that will always vary according to the overall circumstances involved. Teachers are to assess the “reasonableness” of the level of care needed by noting the following probabilities that can interfere or affect the outcome of care. These probabilities are; * The school activity and its nature.

* The environment upon which the activity will occur in, therefore the teacher must assess the risk, if any, involved. * Pre-existing medical conditions, like allergies, epilepsy, diabetes. * Ages and skills of the students.

* Physical or Intellectual impairments & Behavioural issues

5.0 Key points to note
There are some other key points that the Duty of Care policy would acknowledge. These include that a principal or teacher must ensure that all department...
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