Duty of Care Analysis

Introduction:

The purpose of this report is clarify what the Duty of Care Policy of Western Australia is and the contents of the policy. This analysis will be using the Duty of Care Policy on the Department of Education webpage as the reference guide. The Policy was written by the Department of Education for students in the state. It is used to define what is required relating to the duty of care between teachers and students. In this paper, issues that are covered in the policy will be discussed. Why the policy is important to teachers, non-teaching staff, parents, students and external providers will be determined. In the discussion of the report, the groups of people who have links to the Duty of Care Policy will be ascertained. Three scenarios are going to be examined and answered in relation to how the Duty of Care policy of Western Australia would deal with these types of problems in the teaching and learning environment. Measures taken by the school, teacher and student and implications of the problems are going to be included in the report. Specific detail from the policy will be used to answer these scenarios.

Discussion

Policy Rationale:

The Department of Education of Western Australia (DETWA) wrote the Policy to for Western Australian schools to advise teaching staff, and all other staff members of schools and the education department, the responsibility that they have when students are in their care/presence, at schools or during school related activities (DETWA: Duty of Care for Students, Section 1). The policy covers all students that attend a school in Western Australia. The Policy also states what the duty of care includes. This duty of care explains that teachers and non-teaching staff must use ‘profession...

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...so extend to

volunteers in schools.

The definition of “Volunteer” used in this policy differs from the definition of

“volunteer” in the Volunteers (Protection from Liability) Act 2002. Accordingly, not all

persons who fall within the definition of “Volunteer” in this policy will necessarily fall

within the scope of the Volunteers (Protection from Liability) Act 2002. Where there

is any doubt, individuals and organisations may wish to seek their own legal advice

as to the application of the Volunteers (Protection from Liability) Act 2002 to their

particular circumstances.

Duty of Care for Students

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public

Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.