A Teacher Is to Take Such Measures As Are Reasonable in the Circumstances to Protect a Student

DUTY OF CARE

Rationale:

Whenever a student teacher relationship exists, the teacher has a special duty of care. This is a legal obligation to protect students from injury.

"A teacher is to take such measures as are reasonable in the circumstances to protect a student

under the teachers charge from the risks of injury that the teacher could have reasonably foreseen."

(Richards v State of Victoria, 1969)

As part of that duty, teachers are required to supervise students adequately. This requires not only

protection from known hazards, but also from those that could arise (those that the teacher could

have reasonably foreseen) and against which preventative measures could have been taken.

Teaching is a skilled profession and teachers must accept the legal consequences of such special

knowledge and skills.

Teachers in breach of duty of care may be liable for injuries inflicted by one student on another, as

well as the injuries sustained by the student.

For a teacher or a school to be found to be negligent, it must be proved that the injury was the

foreseeable result of the action or lack of action. In courts this test is not a demanding one.

In situations where the teacher should reasonably have foreseen the possibility of injury, the

teacher has a duty to take reasonable care.

The teacher’s duty of care is higher, as the student's age is lower.

Schools are bound by standards which are issued under legislative authority, non compliance with

these standards may amount to negligence.

The Principal is responsible for making and administering such arrangements for supervision as are

necessary according to the circumstances in the school. Teachers are responsible for the carrying out of

their assigned supervisory duties in such a way that students are, as far as can be reasonably expected,

protected from injury.

(This background information is based upon the appropriate sections of the Schools Reference Guide,

plus information from relevant court judgements and legal texts).

Aims:

To provide a safe environment for students
To ensure the safety of the student is considered in all deliberations of the teacher
To ensure legislative requirements around Duty of Care are implemented

Implementation:

Classroom Supervision

Students should not be left unsupervised in the classroom or specialist areas (This includes

before and after school, lunchtimes and/or recess breaks).

It is not permissible to leave students in the singular, unsupervised care of ancillary staff, external education providers, parents or trainee teachers who do not hold current Working With Children documentation.
No student is to be left unsupervised outside the classroom as a withdrawal consequence for

misbehaviour. Withdrawal is to be conducted by sending a student (with another student) to anothersupervised classroom or to the Assistant Principal or Principal, as per the school’s Restorative Practices Policy guidelines. This should be accompanied by the appropriate documentation.

Movement of Students

Students can be sent to deliver notices, lunch orders, messages, etc within the school but they must travel in pairs.
Reasonable discretion is to be used when allowing students to visit the toilet during class time but they must travel in pairs.

Yard Supervision

Two teachers are on Yard Duty at any given time at morning or afternoon recess. One teacher is on duty before school. One teacher is on bus duty after school.
A weekly yard duty timetable is posted in the staffroom. Teachers must be aware of their yard duty times.
Yard duty folders, walkie-talkies and bum-bags are to be carried at all times during duty. These are also located in the staffroom. All staff must be punctual for their duty. Changeover of staff takes place under the Amphitheatre at precisely 11.15am and 2pm daily.
A teacher cannot leave the yard without procuring their replacement. They should alert the staffroom if not replaced at designated times & places.
A teacher unable to meet their yard duty commitment on a particular day (eg excursion) has the responsibility to swap with another staff member. This should be put on the staffroom whiteboard and the Principal or Assistant Principal must be notified.
No changes to the yard duty roster are to be made without the approval of the Principal or Assistant Principal
The Happy & Safe Playground sheet in the folder is a place for teachers to record the names of students playing well. Names are drawn at assembly and prizes awarded.
Teachers should add some names each time they do yard duty.
Be alert and vigilant and intervene immediately if potentially dangerous behaviour is observed in thePlayground. Enforce the Restorative Practices guidelines:In the yard, if a student breaks rules:
1st time-Warning and reminder of expectations.
2nd time --Five minute walk with Yard Duty teacher to identify and discuss appropriate, exhibited behaviour by other students. This is a learning exercise.
3rd time - Sent to office for follow up. Parents notified.
Yard duty teachers need to keep moving and ensure they are well separated to provide coverage, unless discussing a particular yard incident.
Any staff member (including ESO staff) may call an Extreme Weather Timetable if they become aware of an impending or current extreme climatic event (rain, heat, smoke, wind). In that event, all Prep to Year Two students will go to the Junior Building and the Year Three to Six students will go to the BER building. A teacher will supervise each building.

Excursions, Incursions and Camps

One teacher must be nominated in charge of any camp, incursion or excursion. This person must notify the Principal or Assistant Principal.
The teacher in charge will ensure DEECD’s Schools Activity Locator website is completed as early as possible prior to an excursion, camp and ALL other off school site activities. (teacher edumail username and password required)
Teachers need to familiarise themselves and comply with DEECD guidelines including transport, student teacher ratios, emergency and evacuation procedures of the venue
Teachers must always count students on and off transport as well as conducting regular counts at reasonable intervals. For example, teachers walking with students anywhere outside of school grounds should conduct regular counts to ensure students are not lost along the way.
The teacher in charge will have copies of all confidential medical forms and permission notes with

contact details. Copy of this material will also be kept at school.

A staff member other than the teacher in charge may be the nominated Medical Officer, responsible for medications and first aid. This person will have completed appropriate first aid training.
Arrangements will be made for students not attending to continue their normal program at school

under supervision of another classroom teacher.

The teacher in charge and a second designated teacher on an excursion or camp will carry mobile contactknown to the school. Teachers should check mobile coverage in areas visited.
If the return time from an excursion or camp is delayed, the teacher in charge will contact the

school to inform the Principal of the new arrival time so that parents can be contacted and a senior

staff member will remain at school until they arrive.

If crossing roads, students are to use designated crossing points. Staff are to walk to middle of

crossing to ensure visibility and orderly crossing. Other staff control the flow of students across the

road.

All staff must follow the DEECD guidelines and procedures when organising an excursion, incursion or camp.

Review Date:

This policy has a four year life and will be reviewed by Moriac Primary School Council in 2018