Duty Of Care Policy

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Document Analysis on Duty of Care Policy Introduction This document analysis will address the Western Australian Duty of Care for Students Policy. The policy describes the different types of duty the teacher has towards their students and clarifies the point at which a teacher does not have a duty of care.The purpose of the policy is to identify what ‘duty of care’ means, what a teacher’s duty of care towards their students actually are, the ways in which this policy should be applied within the school environment to minimise harmful risks to students, the circumstances where school volunteers and helpers may owe a duty of care and the implications that may arise should duty of care be neglected. This policy is important as it aims to…show more content…
In order for a liability in negligence to be proven an injured student must establish that a) at the time of the injury, the person responsible for their wellbeing owed them a duty of care, b) that the duty of care was not fulfilled due to the carer failing to assess and alleviate foreseeable risks to the student’s safety and c) that as a result of this neglect the student suffered an injury that was ‘reasonably foreseeable,’ (DETWA, 2007, p.15) It discusses the need for teaching staff to take measures to, ‘protect students from risks of harm that reasonably ought to be foreseen,’ (DETWA, 2007). It also asserts that non-teaching staff, volunteers and external providers owe the same duty of care in the event that they agree to take on personal care for students for a period of…show more content…
According to the teacher staff and parent groups worked together to establish an appropriate time for teachers to be on the school grounds in order to provide supervision. This information was then spread through the school community via newsletters. In order to avoid liability for any incidents that could occur before this time, all communication must clearly advise that, ‘there will be no one to supervise children at school before the set time and that the school cannot accept responsibility for students delivered to school prior to that time,’ (DETWA, 2007,
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