What is Duty of Care?

Definitions:

a teacher is to take such measures as are reasonable in the

circumstances to protect a student under the teachers charge
from risks of injury that the teacher should reasonably have
foreseen. (Richards v State of Victoria),
http://www.education.vic.gov.au/school/principals/spag/safety/pag
es/duty ofcare.aspx.
A teacher must take all reasonable care to provide a suitable and
safe place and to provide an adequate system to ensure that no
student is exposed to unnecessary risk of injury - and to ensure
that that system is carried out. The duty does not mean that a
teacher must ensure that a student is not injured. Rather the
teacher must take reasonable steps to protect the student against
risks of injury. (http://www.vit.vic.edu.au/conduct/victorianteaching-profession-code-of- conduct/pages/negligence.aspx)

Historical foundation
For over 100 years it has been established that a
teacher owes a duty of care to his or her students to
protect them from harm.
In a famous English judgement (1893) Lord Esher
commented that a teacher is duty bound to take the
same care of his/her students as would a parent of a
child, just as a doctor cares for a patient or an
employer an employee.

Implications of the 1893 ruling

Example:
If a school engages an outside body to run a camp
for its students, the school still retains a duty of care
for those students, even when they are under the
care of the contracted body.

Rights of students
All students have a right to expect a safe physical,
emotional and learning environment.

Scope of Duty of Care

Duty of care includes:
provision of adequate supervision
ensuring grounds, premises and equipment are safe
for students to use
implementing strategies to prevent bullying from
occurring in school and
providing medical assistance (if competent to do so)
or seeking assistance
from a medically trained person to aid an injured or
sick student.

Who has this responsibility?

ALL staff contribute to maintaining a positive open,
healthy workplace environment.
Staff- and university students on professional
experience are obliged to comply with all school
policies.
Staff, and you, have an obligation to report matters
which threaten a safe and productive workplace
environment to their immediate supervisor.

The three Cs
A sound principle to follow whether at school, at school
related activities or activities impacting on the school
environment is to follow a policy of respecting other
people and showing the following three Cs:
Caution
Consideration and

 Care.

Playground supervision
Playground supervision is an integral part of the
schools duty of care for its students.
Staff on playground duty need to be vigilant,
observant and constantly mobile.
Staff must be punctual in commencing their duties so
that students are not left unsupervised.
Bullying needs to be dealt with promptly in
accordance with the schools anti- bullying policy.

Professional experience students

and playground supervision
You are expected to undertake the same duties as those
for which your Supervising Teacher is rostered.
You MUST be accompanied AT ALL TIMES by a teacher
employed by the school when on playground duty (legal
requirement).

Visitors on school property

Schools require all visitors including students on
Professional Experience placements to report to the
school office.
In many cases they are issued with a visitor badge to
be worn while on the premises.
If in any doubt over the bona fides of anyone in the
school playground who is without authorisation, ask
the nature of their business. If dissatisfied with the
response, report the matter immediately.

Duty of care: the classroom 1

 The teacher has a duty of care to instruct, supervise and

maintain discipline, within a safe learning environment, to
a level deemed satisfactory to the immediate supervisor
and other executive staff.

Duty of care: the classroom 2

Teachers are responsible at all times for the safety
and welfare of all students under their care.
Thus, removing oneself from the classroom to take or
make a phone call or visit the bathroom without
arranging for another teacher to take over the
supervision of the class is a breach of duty of care.

Safety in the classroom environment

In planning lessons, you are expected to:
Familiarise yourself with school policies and
procedures for using equipment and managing
activities with potential risks, and incorporate
relevant steps within your planning documentation.
Conduct a "risk assessment" by identifying potential
risks in the teaching space and in the planned
activity, and recording these on your planning
documentation.
Take steps to minimise potential risk, such as altering
the layout of furniture or checking the safety of
equipment, and noting these on your
planning documentation.
Incorporate safety aspects on your planning
documentation, including the
instructions you will give your learners with regard to how
to behave, move and / or operate equipment safely, e.g.,
correct handling of scissors or rubber bands, use of water
or chemicals, and the safe movement of students.

 In teaching your lessons, you need to regard the safety

of students as of paramount importance. You should:
Clearly outline your expectations of students, in
particular your expectations of safe practices.
Demonstrate potentially risky practices to students
before asking them to undertake the practice.
Review your demonstration by asking questions to
ensure every student is aware of what they should /
should not do.
Circulate around the room / teaching space and
actively supervise all students.

Sporting activities
Because physical contact and a degree of force is
permitted in many sports, a competitive aspect may
be present and sporting equipment such as bats,
balls, racquets, etc. are being used, the risk of
injuries occurring is significant.
Teachers have a duty of care to plan and supervise
sporting activities carefully.

Excursions and camps

Teachers organising camps and excursions need to
be aware of potential dangers and assess whether it
is reasonable to provide additional safety measures,
including additional adult supervision.
The mode of transport chosen needs to be safe and
reliable.
Activities involving high levels of risk (e.g., skiing or
abseiling) require specialist
qualified instructors, as well as teacher supervision.

Ill, injured or upset students

In the first instance the teacher is expected to
provide initial assistance.
It is acknowledged that rendering assistance to an
injured or ill student may
necessitate appropriate physical contact such as
during an assessment of a minor injury, removing a
student from imminent danger or comforting an
upset student.
A first-aid officer should be contacted if necessary.

Anaphylaxis definition
Anaphylaxis may be defined as living with a risk of
severe allergic reaction.
Anaphylaxis typically may cause symptoms which
include an itchy rash, throat
swelling, and low blood pressure.
Common causes include insect bites or stings,
medications and foods.

Anaphylaxis e-training
All students (you) should complete the anaphylaxis etraining schools module on the ASCIA (Australasian
Society of Clinical Immunology and Allergy) website prior
to commencing your professional experience placements.
This better prepares you to respond to situations involving
students experiencing severe allergic reactions. At this
stage this is not required training in Victoria, but is in
some other states.

In conclusion...

 As a teacher, you have a significant legal

responsibility for the safety of the children and young
people in your care.
This includes you in your Professional Experience
placement.
We hope this module has raised your awareness of
your responsibilities with
regard to your Duty of Care.