Analysis of Duty of Care 2007

1490 Words3 Pages

A. INTRODUCTION

The purpose of this report is to analyse the Duty of Care for Students Policy provided by the Western Australian government’s Department of Education. It does this by firstly looking at the reasoning behind the creation of the policy, then determining who the policy is written for and finally stating why it is of importance.

The report examines the content within the policy and relates it to a local primary school. Three scenarios are discussed and the issues within them are analysed with reference to the policy. The steps that could be taken by a school or teachers to ensure that the policy requirements are met are explained and examples from other references cited. In the first scenario, students are arriving at school thirty minutes prior to any teaching staff. The second addresses students attending an after school sport session and the third is concerned with a parental volunteer being left in charge of students.

B. DISCUSSION

1. The Policy

A school and its teaching staff owe students a duty of care due to the teacher-pupil relationship. This was established in the case of Richards v The State of Victoria which stated that “duty of care…arose out of the special relationship…between the teacher and student” Crouch (1996). This policy is written to make teaching staff aware of how they can provide their duty of care to students and to help parents and students understand when and if a duty of care exists. It discusses instances when other persons, in a supervisory position towards students, must also provide a duty of care (Western Australia, Department of Education, 2007).

The profession of teaching is increasingly affected by the law as parents and students are becoming more aware of their rights and...

... middle of paper ...

...is the ultimate rationale of the policy.

Works Cited

The Association of Independent Schools of SA, (n.d.). Supervision by parents and instructors. Retrieved from http://www.ais.sa.edu.au/about-aissa/policy-advice#1214

Crouch, R.H.W. (1996). School sports and the law. The Practising Administrator 3-1996, 26-28. Retrieved from

Newnham, H. (2000). When is a teacher or school liable in negligence? Australian Journal of Teacher Education, 25(1), 45-51. Retrieved from http://ajte.education.ecu.edu.au/ISSUES/PDF/251/Newnham.pdf

Western Australian Department of Education. (2007). Duty of care for students. Perth: Western Australian Government. Retrieved on March 2nd 2011 from http://www.det.wa.edu.au/policies/detcms/policy-planning-and-accountability/policies-framework/policies/duty-of-care-for-students.en?oid=au.edu.wa.det.cms.contenttypes.Policy-id-3783072

Open Document