Archdiocese of Canberra and Goulburn
Catholic Education Office

Legal Responsibilities & Authority

Related Policies:

Supervision
Excursion
Responding to Allegations of Reportable Conduct and Allegations of Misconduct that May Involve Reportable Conduct Made Against School Employees

Purpose:

This policy outlines the legal requirements of Principals and teachers as they pertain to the duty of care of students.

Policy:

Teachers

A “duty of care” in the formal sense arises because of the relationship of teacher and student. From that duty of care arises an obligation to take precautions for, among other things, the student's well-being and safety. The standard of care required of teachers is described by courts as the care that prudent parents would take of their own children. This is a legal responsibility and cannot be renounced.

Teachers must constantly inform themselves and their students of school rules , regulations and expectations .

Teachers should appreciate that authority is not confined to the classroom nor is it restricted to the hours of formal instruction. Authority may extend to those situations where the good name of the school is served by teacher involvement.

Teachers also have a duty to protect the moral welfare of children in their care.

Principals

In addition to the duties above, principals must ensure that all staff are appropriately employment screened, trained and qualified, know and understand their duties and that all staff fulfil their duties.

Principals should keep all members of the school community advised about school rules, regulations and expectations and ensure that school rules, regulations and expectations are consistently followed by all members of the school community.

Principals have a duty to protect the moral welfare of any children in their care.

Definitions:

Liability

An employee may be personally liable for injuries suffered by another to whom the employee owes a duty of care where the employee's action or failure to act breached that duty of care and caused the injury.

Accidents and Negligence

Students often suffer injuries, sometimes slight, sometimes serious, because of some accident. These chance occurrences, while regrettable, may or may not be due to carelessness by the teacher. However, sometimes injuries occur that can be shown to be due to failure by a teacher to act responsibly. In such cases, action can be taken against a teacher for negligence. A decision about negligence is made by the court, in the light of the evidence of each particular case. No-one else has the authority to decide if an action occurred through negligence.

Negligence

For an action in negligence to succeed, the court must be shown that the injury which occurred was due to a breach of the teacher's duty of care and that the risk of injury was foreseeable. Taking into account all of the circumstances and the required standard of care, teachers will not be found negligent if they have not breached their duty of care.

Vicarious Liability

The doctrine of vicarious liability states that the employer may be liable for a civil wrong committed by an employee in the performance of official duties. The Archdiocese (through the Trustees) would usually be joined as a defendant in a negligence case and a solicitor would usually be appointed to represent the teacher.

Official Duties Explained

The support available from the Archdiocese, through the Trustees, extends to any teacher engaged in official duties on behalf of the employer. This includes such actions as classroom teaching, supervision of students before and after school and during recesses, preparation at school, coaching of school sporting teams or cultural groups, supervision of sporting teams in approved competitions, and supervision on approved excursions. All such events must be undertaken with the approval of the Principal, and in the event of a court action arising, the Principal will be asked to confirm that the duties were approved.

Improper Actions by Teachers

If an injury is incurred by a student as a result of an improper action by a teacher, such as physical assault (a criminal offence), a charge may be laid against the teacher by the police.

Allegations of misconduct by employees may be investigated by police, Department of Community Services (NSW), Department of Family Services (ACT) and/or the employer. Where the employer investigates an allegation of reportable conduct as defined by the Ombudsman Act 1974 (NSW) section 25A, the procedures and policy documented in Responding to Allegations of Reportable Conduct and Allegations of Misconduct that May Involve Reportable Conduct Made Against School Employees will be followed.

Loss of Support for Improper Actions

The principle of vicarious liability does not apply in the case of a criminal offence, and in such cases the Archdiocese, through the Trustees, may decide not to support the teacher in any way.

Procedures:

1. Teachers

Teachers should exercise duty of care, defined as the "care of a reasonable parent ". All school events must be undertaken with the approval of the Principal.

2. Principals

Principals must be satisfied of satisfactory arrangements for student safety and welfare before approving all school events including actions associated with classroom teaching, supervision of students before and after school and during recesses, preparation at school, coaching of school sporting teams or cultural groups, supervision of sporting teams in approved competitions, and supervision on approved excursions.

Principals should seek advice from Human Resources Staff regarding any activity, event or occurrence that may expose any member of the school community to risk of harm or to liability for breach of duty of care.

References:

Nil

Forms:

Nil

Last updated on December 2, 2006