WA Duty of Care for students Policy

WA Duty of Care for students Policy

Duty of care has its origins in the common law. A collection of legal principles comprises the common law that has been constituted by the courts over time. The principle of duty of care not only emphasizes, but actually drives most school policies and practices to a large extent. It is stated by WADE (Education Circular June 1994, p. 69) that as per Education Department policy, teachers are obliged a responsibility to their students to make sure the sound safety of those students, under their check and control. A duty is owed by teaching staff to look out sensibly for the wellbeing and safety of students when students are in the midst of school activities or their presence is for the purports of a school activity. The duty reposed on is not a duty to make sure that no harm will ever come about, however a duty to pay attention reasonably to prevent damage being stuck out.

It is explained in the policy of Duty of Care for Students that what is meant by 'duty of care', how duty of care may be discharged by teaching staff to students, and the situations wherein non-teaching staff, external providers and unpaid assistants may be obliged students a duty of care. This responsibility is anchored in both the School Education Act and in the common law from court cases. A guideline is provided by this duty of care policy to all schools in WA with the intention that it is followed by staff teachers, non staff teachers and external providers pertaining to the wellbeing and best interests of all the students. Timings of school, conduct of students in this time, and to save them from harm and other risk associated matters are discussed in the guideline.

Such measures are needed to be taken according to the duty that are rational in all the situations to guard students from perils of harm that somewhat had better to be realize beforehand. Not only protection from recognized harms is required by it, but also fortification from harm that could be predictably arisen and against which pre-emptive actions can be called for. Teaching staff must apply their professional judgment, in carrying out their responsibilities of duty of care, to attain a balance between assuring that unreasonable risk of harm is not faced by students and ...