Post on 17-Dec-2015
DUTY OF CAREDUTY OF CARE&&
EXCURSIONSEXCURSIONS
DUTY OF CAREDUTY OF CARE&&
EXCURSIONSEXCURSIONS
Excursions …….
after the Coroner’s Findings
RESPONSE is based on 3 key principles:
Excursions are valuable aspects of learning
and are to be supported.
Students and teachers need to be protected.
Principals and teachers must be supported in their exercise of professional judgement.
AIM
To support and enable schools to make informed decisions in relation to the management and conduct of school activities
Our Policies
Web address:
http://policies.det.wa.edu.au/
Search using key words such as:• duty of care, excursions
Regulatory Framework
PolicyProcedures CEO’sInstructions
OtherRegulations
School Education Act 1999
School Education Regulation
s 2000
OtherActs
Common Law
Mandatory
Department ofEducation & Training
Parliament & Courts
Guidelines Optional
“Duty of Care” means a duty imposed by law to take care to minimise the risk of harm to others.
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.
The duty owed to students is not to ensure that no harm will ever occur, but rather a duty to take reasonable care to avoid harm being suffered.
Duty of Care for Students
Doing the best for the safety and welfare of students
The policy allows for persons who are not teachers to perform a supervisory role in relation to students subject to a number of provisos.
Teaching staff may breach their duty of care if reasonable care is not exercised in choosing an appropriate person to care for students.
Teaching staff must consider factors such as the:
• Number of students involved.• Age, experience, capabilities and
behaviour of the students.• Nature of the environment,
premises and of the activity to be undertaken.
• Age, ability, experience and general suitability of the proposed carer.
Teaching staff must ask most Teaching staff must ask most non-teaching staff, external non-teaching staff, external providers and volunteers and, if providers and volunteers and, if they agree, provide them with they agree, provide them with clear instructions as to the level of clear instructions as to the level of care required.care required.
If non teaching staff, volunteers and external providers agree to personally care for students, they must take such measures as are reasonable in all the circumstances to protect students from risks of harm that reasonably ought to be foreseen.
Liability•Injured persons may sue the State of Western Australia.
•Department is vicariously liable for acts of negligence during the course of employment.
•Injured persons may sue the employee but this is unlikely.
•Legally possible for the State to bring a claim for contribution if the employee is deemed negligent.
Duty of Care for Students
Underpins and drives most school policies and practices
Excursions• Articulates how to meet duty of care requirements when off the school site • Establishes a common risk management process
Outdoor Education &Recreation
Activities
Workplace Learning
CommunityService
Programs& others
Excursion
Any student-learning activity conducted off the site of the school, at which the student is enrolled, that:
• is organised or managed by a member of teaching staff employed under s235 of the School Education Act 1999; and
• has gained the appropriate approval(s).
Outdoor Education and Recreation Activities
• Available on the Department website under Regulatory Framework
• Replaces Organisational Guidelines for Physical Education and Outdoor Education
• Reviewed to align with all Departmental policies
• Common process for risk assessment and management
• Water-based Activities - Section 19
WORKPLACE LEARNINGPROCEDURES AND
GUIDELINES
Relevant to:• Work Experience• Structured Workplace Learning• School Based Traineeships
The principal must authorise a teacher to be in charge of an excursion and give written approval for the management plan for the excursion
The teacher-in-charge must prepare an Excursion Management Plan for the proposed excursion
The teacher-in-charge must complete the checklist and submit it to the principal for endorsement
Management Plan• Assessment of the the risks• Supervision strategies• Identification of excursion
participants• Information and consent• Communication strategies• Emergency response planning• Briefing of students and supervisors• Records to be retained• Appropriate approvals
Assessing the Risk
Assessment of the:• Environment• Transport arrangements• Students’ capacity• Skills of the supervisory team• Involvement of external providers
Working with Children legislation
•Introduces compulsory criminal record checking for certain people working with children
•Examples include coaches, volunteers, umpires, clergy and laity
•Will be phased in over 5 years from 2006•www.checkwwc.wa.gov.au
Involvement of External Providers
External providers are not generally responsible for personally caring for students and may refuse a request to do so.
• Competency of provider
• Current national police clearance
• Working with Children Check - phase in from 2006
• Information about respective responsibilities
• Appropriate level of public liability insurance
• Indemnities, disclaimers
Level of Supervision• Age of students• Experience and ability of students• Student medical conditions or disabilities• Supervisor(s) competence and experience• Type of activity to be undertaken• Nature of environment• Location of activity• Weather
Supervision StrategiesOn a water- based activity, students are to be continually in clear view of supervisors.
Consider:• positioning• scanning• safety checks• buddy and check in systems• water checks• safety stops• supervision roster and plan
Why do drownings occur in supervised
areas?• Failure to recognise a student in
difficulty1. Conscious non-swimmer2. Conscious weak swimmer3. Conscious injured swimmer/non-
swimmer4. Unconscious person
• Intrusion of non-supervisory duties• Distraction from surveillance duties
IdentificationStudents and supervisors must be clearly
and easily identifiable.
Systems include:– school T-shirts– swimming caps– vests– bibs– sashes– neoprene armbands– other
Informed Parental ConsentInformation must include:
• Purpose of excursion• Date(s)• Activities to be undertaken• Duration of activity(s)• Location of activity(s)• Student contact arrangements • Transport arrangements• Cost• Supervision to be provided• Staff action in case of an accident or
illness• Liability for loss or damage, medical
costs• Special clothing or other items
Communication Strategy
• Enables communication with group
• Emergency signal
• Contact with on and off site support services
• Alternative modes of communication
Emergency Response Planning• Develop a plan
• Emergency procedures (e.g. evacuation) and location of emergency equipment (e.g. rescue tube)
• Procedures understood by all participants
• Ready access to:a list of participating students and parent
contact details Student Health Forms of students known
to have particular health requirements relevant health information of supervisors
• Copy of planning documents remain at school
Emergency Response Planning continued
• For overnight stays, a copy of planning documents including all Student Health Forms is to be taken on the excursion
• For excursions undertaken during school holidays, students’ names, addresses, contact telephone numbers and itinerary to be provided to District Office
Emergency Protocol for an Aquatic CentreEmergency situation
Supervisor to signal by continuous, short whistle blasts
Supervisors to remove students from water & group together
Supervisors to account for all students
Qualified supervisor to effect rescue
Qualified supervisor to commence first aid if required
Aquatic manager will attend & control emergency situation
Do not leave the injuredDo not leave the injured
Student and supervisor briefings
• Information and responsibilities are clearly communicated to all, including:– emergency procedures and signals– methods of communication– appropriate use of any equipment– roles of supervisors– identification systems– demarcation of areas– acceptable behaviour
Retain record of Excursion
School to retain:• Signed management plan
• Names of planning and authorising staff
• Names of participants
• Brief description of the excursion
Gain Approvals•Approved Excursions:
Written approval by principalInterstate travel - approval by
relevant Executive DirectorInternational travel - approval by
the Minister for Education and Training
•Private Arranged ActivitiesNot approvedDepartment of Education and
Training nor the school accepts any responsibility for teachers or students
A useful rule of thumb…..
1. How will this excursion contribute to the students’ learning?
2. Have I done all I can to ensure that the students will be safe?
3. Have I done all I can to protect myself and other supervisors?
4. Do parents understand and endorse this excursion?