Duty Of Care Policy In The Australian Education System

1879 words - 8 pages

Duty of care is a legal concept originating from common law and is considered the driving force behind most school policies, guidelines and practices. Duty of care outlines the responsibility one must undertake to ensure that reasonable steps are in place to protect the safety or well-being of others. Within these parameters teachers must manage their classrooms and school activities, maintain order and discipline, and make every effort to understand their legal rights and those of their students, (Whitton et al, 2010).
The required duty of care for teaching institutions is controlled by the individual State Education Departments. Each State Department has developed their own set of policies and guidelines outlining duty of care.
Although duty of care is a legislated policy compulsory for government schools, many of the issues in the legislation are relevant to non-government schools and should therefore be incorporated into all Australian schools, (Hopkins, 2002).
1. The Policy
The Western Australia Department of Education and Training (WA DET) Duty of Care Policy is designed to ensure the safety and welfare of staff, students, and visitors undertaking school based activities at WA educational institutions. The policy outlines three key responsibilities. Point a) states “Teaching staff owe a duty to take reasonable care for the safety and welfare of students whilst students are involved in school activities or are present for the purposes of a school activity,” (WA DET, 2007). A Teacher’s duty of care is not limited to a specific circumstance but extends to all times when students are in seen to be in their care and under the direction of the school policies. The environment that a teacher is required to exercise a duty of care can vary from classroom activities, sporting activities, excursions, or ensuring the health and safety of work placements and visitors to the school. (Leigh D, 2009).
It is the legal responsibility of principals and teaching staff to educate themselves in the laws, policies and acts relating to educational institutions and know how to enforce them. Point b) of the WA DET Duty of Care Policy addresses the need for teachers understand how these are to be implemented and ensure they “achieve a balance between ensuring that students do not face an unreasonable risk of harm and encouraging students' independence and maximising learning opportunities.” (WA DET, 2007).
For schools, duty of care is not limited to the teachers but may also be required of non-teaching staff. The WA DET duty of care policy point c) describes that “when volunteers or an external providers agree to perform tasks that require them personally to care for Students, (in the absence of a member of the teacher), they will also owe a duty to take such measures as are reasonable in all the circumstances to protect students from risks of harm that reasonably ought to be foreseen,” (WA DET, 2007). Factors’ influencing the...

Find Another Essay On Duty of Care Policy in the Australian Education System

Quality of Indemnity Vs. Managed Care Insurance System

3734 words - 15 pages been quite popular, nevertheless, with in response to the developments in quality field new healthcare systems such as managed care started to appear. The question which one provides better quality and higher efficiency became even more important to the customers than the issue of expenses. Which system is better regarding quality and efficiency? The following report examined the benefits provided by both systems in order to identify which one

Americanization of the Australian Media Essay

1216 words - 5 pages top 30 choices of youngsters are for this program alone; but when it comes to the 60 year olds and above, it goes almost unacknowledged. However, it has also been pointed out that the coding system used to come up with these statistics may in fact be underestimating the degree of Americanisation in Australian television content. Several of the programs considered to be ‘Australian’ are actually clones or remakes of their American counterparts

Primary Education in Uganda - A Policy Analysis

3560 words - 14 pages Primary Education in Uganda - A Policy Analysis Over the past five years, Uganda’s education system has proved both effective and successful. Although in the process of further development, it has nonetheless served as a model for many developing African countries. The Ugandan government, with President Yoweri Museveni at its forefront, has determined primary education to be one of the major channels toward poverty eradication and as a vital

Comparing the Duty of the Physician in Dracula, Frankenstein, and Awakenings

3715 words - 15 pages duty, resulting in the murder of his most loved ones as the creation's revenge. It is highly evident that Victor is guilty of both deleterious and mischievous behaviour in the creatures creation, and even more so in his subsequent care for it. In his idealism, Frankenstein is blinded and is unable to foresee the drastic effects of giving life to a being that could never be entirely accepted by human society, that further the creation's

The Themes of Revenge, Power, Duty and Honor in The Gladiator

1119 words - 4 pages The Themes of Revenge, Power, Duty and Honor in The Gladiator The main themes of this film are revenge and power, duty and honour. The main man of the film is Maximus; he is a general in the Roman Army. He was a farmer in Spain; he is married and has a son. The emperor is a good old man and likes Maximus more than his own son. The emperor wants Maximus to be the next leader, instead of his own son Commenus. Commenus

hmos takes the care out of health care

2852 words - 11 pages , 1 doctor to every 1000 patients, is much more efficient(AMSA par.10). Thus Canadians have a lower infant mortality rate and a longer average life expectancy, nearly 80 years (Canadian Health Care). Physicians would see little or no change in their salaries. In a survey nearly two-thirds of the physicians were “satisfied” or very “satisfied” with the current universal health system. 57.1 percent of U.S. physicians support converting the U.S. to a

Ethics, Duty and Sexuality in Book IV of Virgil’s Aeneid

3000 words - 12 pages Ethics, Duty and Sexuality in Book IV of Virgil’s Aeneid Book IV of Virgil’s Aeneid depicts the doomed romance of Aeneas, Trojan refugee and destined father of Rome, and Dido, expatriate Phoenician noble and Queen of Carthage. Called away to Italy by his obligation to the Fates and to his Roman descendants, Aeneas abruptly ends his passionate sexual relationship with Dido. He goes on to defeat the native Latin tribes and founds the

The California State Public Education System

2482 words - 10 pages The California State Public Education System “All who have meditated on the art of governing mankind have been convinced that the fate of empires depends on the education of youth.” -Aristotle-      It has been said many times that children are our future. That is a scary thought considering our lack of investment as a people in that future, for without a solid base of education now the bright future we hope for may never come to

Is The Education System Excluding Minorities?

2052 words - 8 pages Is The Education System Excluding Minorities? Is the education system excluding minorities on the basis of gender and culture? The United States has become one of the most culturally diverse places to live in. The increase in minorities immigrating to the United States has drastically risen. With this in mind, should policies, laws, and institutions, such as education, be restructured and modified to include minorities? Due to their personal

American Public Policy in the Fifties: The Development of Dilemmas

2103 words - 8 pages American Public Policy in the Fifties: The Development of Dilemmas During the 1950s, Eisenhower simultaneously developed public policy through control of military commitments abroad; for the individual, the ironic combination of consumer freedom, repressive social structures, and civil rights expansion; a protectionist stance on the economy coupled with a cautionary rejection of increased domestic spending; and the suffocation of political

The State of Solar Power Policy And Incentives in Vermont

1969 words - 8 pages The State of Solar Power Policy And Incentives in Vermont Vermont has become widely known as a progressive, even cutting-edge state in terms of its public policy. With two out of three of its Congressional delegation officially independent, a groundbreaking civil-unions law, and no fast-food franchises in its state capitol, perhaps that reputation is well-deserved. Energy; its generation, transmission, usage, and impacts upon the Earth, has

Similar Essays

The Health Care System Essay

1753 words - 7 pages America has a highly developed health care system, which is available to all people. Although it can be very complex and frustrating at times it has come a long way from the health care organizations of yesterday. Previously most health care facilities were a place where the sick were housed and cared for until death. Physicians rarely practiced in hospitals and only those who were fortunate could afford proper care at home or in

A Solder's Duty In Guests Of The Nation

2039 words - 8 pages of the Nation," two British soldiers are captured by the Irish Republic Army. Two young Irish soldiers are assigned to guard the captives. The British earn the trust and friendship of their young captors. Until one day the call of duty forces the Irish to carry out orders that forever change their perspective on the war and the duty that accompanies. In "Guests of the Nation," O'Connor uses six elements of fiction to illustrate the conflict

The Role Of Duty In William Shakespeare's Hamlet

767 words - 3 pages The Role of Duty In William Shakespeare's Hamlet   Killing a person is not something that anyone can take lightly.  In the story of Hamlet, the uncle of the play's focus character, Prince Hamlet of Denmark, has murdered the prince's father, stolen the crown, and weds his mother.  The ghost of king Hamlet comes to the prince and tells him that he must avenge his murder.  The play follows Hamlet's quest of revenge

The Marxist View On The Role Of The Education System

1075 words - 4 pages The Marxist View on the Role of the Education System In this essay I am going to examine the Marxist view that the role of the education system is to reproduce and justify the existing class structure. Marxists see the educational system as a mechanism for maintaining class inequalities, for example the reproduction of the capitalist system. The capitalist system is one where by the rich (the bourgeoisie) stay rich and