Wa Student Duty of Care Policy

Memo for The section of preparation and Training, Western Australia (DETWA) To All School Principals at heart the DETWA. Subject A GUIDE TO HELP PARENTS UNDERSTAND, THE WESTERN AUSTRALIAN surgical incision OF EDUCATION & TRAINING, DUTY OF CARE POLICY FOR STUDENTS. Please find enwrap a situati unmatchabled guide to helping your p argonnts / considergivers understand the duty of tending Policy for Students. This guide is an analysis of the form _or_ system of government document noning the key points that argon easily understood by parents.The report leave as well as detail two scenarios providing examples of situations that can occur at any instruct and an execute plan solvent to each scenario by following the trade of upkeep insurance guidelines. TABLE OF CONTENTS 1. 0 submission 2. 0 scene regarding the policy & Part 1 -Document Analysis 3. 0 Duty of anxiety explanation 4. 0 Reasonable reverence explanation 5. 0 happen upon points to cite 6. 0 Part 2 -Action devices 7. 0 Scenario 1 & doing plan response 8. 0 Scenario 2 & make forion plan response 9. 0 Conclusion / Personal verbal expression 0. 0 References 1. 0 Introduction As parents, the Duty of Care policy is more than possible definitely foreign. From here many drumheads, no dubiety provide arise? why did the Western Australian presidential term correct this in place for their part of pedagogics and Training? What significance does this document fork up towards my nestlingren, parents may also be thinking? So many beliefs and questions have no doubt once or twice crossed a parents mind. I am sure some may not even be sure of this documents existence. 2. 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 assimilators attention primitive and secondary drills, a further understanding. The Western Australian organisation wrote the policy s o that it would be implemented within the Department of reproduction WA and because pop offed down to all told instructors. The document became stiff on the 26/06/2007 and updated 02/08/2012. (Department of Education and Training, Western Australia (DETWA), 2012,1). As bankers billd by the Department of Education and Training, Western Australia (2012,3) this policy was created to ensure that all training staff, non teaching staff and volunteers know their legal responsibilities in ensuring reasonable parcel away occurred to maintain the safety and wellbeing of all bookmans whilst in their care and eliminate acts that may result in injury. This policy is not just express mail to within the school grounds but also outside school grounds, excursions and activities that fall under the care and guidance of school instructors, regardless of where the action mechanism or lesson may occur. 3. 0 Duty of care explanationWhat is the Duty of Care? Newnham (2000, 2) defines the Du ty 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 everlastingly vary according to the overall circumstances involved. Teachers are to evaluate the knowledge of the direct of care needed by noting the following probabilities that can interject or affect the outcome of care.These probabilities are * The school activity and its temperament. * The surround upon which the activity will occur in, therefore the teacher must(prenominal) assess the risk, if any, involved. * Pre-existing medical conditions, like allergies, epilepsy, diabetes. * Ages and skills of the learners. * Physical or Intellectual impairments & behavioral issues 5. 0 Key points to note There are some new(prenominal) key points th at the Duty of Care policy would acknowledge. These include that a sensation or teacher must ensure that all department employees must hold the necessary identification and qualifications required including non teaching staff.Also, volunteers and the like must also possess a working with children check card. The details of this policy and how this check can be completed is found via the following government website, http//www. checkwwc. wa. gov. au/checkwwc The importance of having such a policy is to protect both(prenominal) assimilator and teacher and offer the teacher clear, concise guidelines on what duty of care is expected of teaching staff to reduce the chance of nonperformance and possible legal implications.A highly topical direct quote include below is from abstract, Newnham, (2000, 1) is particularly pertinent to this report and extremely beneficial to expunge note The law is increasing affecting the practice of education. The most likely reason a teacher or school w ill heart legal action is in negligence where a student has been hurt while under the schools protection. This may occur in a variety of settings.To satisfy the fragments of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, by not maintaining the appropriate standard and that the injury was a reasonably foreseeable consequence of that breach of duty. It would be rare for a teacher to face criminal charges but it could happen if a teacher had an intention to harm or acted recklessly. (Newnham 2000, 1) The policy document also offers guidelines for parents and caregivers and their responsibilities for their children forrader and after school care time slots and whilst on school grounds.This will clearly advise the parent / caregiver the times for when their children will and will not be supervised and offer a guide as to whether the student is protected or not under the schools duty of care pol icy. 6. 0 Part 2 Action Plans beneath are action plans that a teacher in the following scenarios could note and introduce to ensure that the teacher is consistently adhering to the Western Australian regime and the Department of Education & Trainings, Duty of Care Policy. 7. 0 Scenario 1 & Action Plan A student is consistently interrupting other students during a menageroom lesson.In dealing with this students interruptions, the teacher sends the student out of the classroom for timeout. The teacher tells the student to wait outside the classroom admission until intercommunicateed to return to the room. This reprimanded student is no longer in the teachers experience. The scenario above notes that the teacher involved has not exercised her duty of care and could be seen to be negligent as the student was no longer in the teachers view. As per notes from Newnham, (2000,46) the teacher has a duty of care to ensure that they are providing adequate supervision and no longer being in view is detrimental to this.The teacher was no doubt disappointed in the student and his associated behaviour but asking the student to leave for timeout could have been handled in a more appropriate way. As per the teachers duty of care policy (Department of Education and Training, Western Australia, 2012, 3) the teacher needed to provide a satisfactory disciplinary action that ensured the student remained in full view. Otherwise by no longer being in view, the student could have harmed or injured, himself and the teacher would possibly be held responsible for not following the act of reasonable care and therefore classed as being negligent.The teacher could have opted for a variety of disciplinary actions from as painless as bounteous the timeout punishment and asking the student to remain in the far recess of the classroom until notified or the teacher could have phoned the principals mail service and asked that the principal come and escort the student to the office to re main in timeout whilst in a supervised environment. 8. 0 Scenario 2 & Action Plan A first year student teacher accompanies a inadvertence teacher out on duty at lunch time.While on playground duty, an hazard occurs that requires the supervising teacher to accompany a student to the administration block, which is not within the supervision force field. The supervising teacher asks the student teacher to remain on duty for her as she tends to the dilemma. This would mean the student teacher would be the only teacher supervising the designated play area at this time. Firstly Newhman, (2000, 49) notes that if the incident was indeed severe enough, ensure that the nature of the incident was documented.Other details that would need to be included in the incident report would be with who was present at the time in the events starring(p) up to and when taking place. This will ensure that if further issue is raised, the teacher can be at ease that they have completed the office steps to ensure that negligence did not take place. Secondly, under the Duty of Care policy (Department of Education and Training, Western Australia, 2012, 3) the teacher should have subtle with the student teacher if they were comfortable to be left to undertake the master(a) care of the remaining students and be given the right to refuse.If refused, the student teacher would have been best to escort the student to the administration block or even more so the student teacher could have promptly alerted another teacher to come and assist the situation at hand and escort the student or takeover the supervisory role. 9. 0Conclusion & Personal Reflection Whilst reading through the DETWA Duty of Care Policy for Students, I was sure not aware of the importance of one destiny of the policy document.The component I was not aware of was that as a teacher, I should be ensuring that any student teacher, non teaching staff or volunteer who may assist in my classroom, has the right to refuse the r ole of undertaking primary care of the students. If I had to leave the classroom or area where the class was being conducted, I must first ask this pertinent question of Are you comfortable if I leave the room for said outcome of time? This question was simply was not something that I gave much thought to.When I thought about this more, I realised it actually is crude courtesy, to simply, ask first and then I will ensure the level of comfort of the other person helping is ascertained. I know that this element of the Duty of Care policy will be something I in person will take on board and remember to use within my classroom. In summary, the Western Australian Governments, Duty of Care policy is undoubtedly a particularly important document. Its a crucial document that all Western Australian Teachers who are employed within the Department of Education & Training, need to follow. As I ecome a teacher, this policy is simply another tool that I as a teacher, must concur with and abid e by at all times, whilst the students are under my care. A Students safety is one of the most respected trusts that a caregiver / parent will ask of me as their childs teacher. To ensure that I do not lose that vital trust placed in me, it will be essential that I follow these set guidelines from this document. I should also consistently using common sense, adhere to school policy and I then should never have to be concerned with the legalities of negligence and that my students should always be cared for well. Word count 1744) 10. 0 References The Government of Western Australia, (2012) Department of Education & Training Duty of Care for Students. Western Australia Retrieved from http//det. wa. edu. au/policies/detcms/policy-planning-and-accountability/policies-framework/policies/duty-of-care-for-students Department of child protection, (2008) Working with children check Retrieved from http//www. checkwwc. wa. gov. au/checkwwc Newnham, Helen (2000) When is a teacher or school liab le in negligence? Australian Journal of Teacher Education Vol. 25 Iss. 1, Article 5. Available at http//ro. ecu. edu. au/ajte/vol25/iss1/5