Duty of Care for Public School Students Policy

Effective date: 1 January 2019

Version: 2.7

Last update date: 18 September 2023

 Table of contents

1. Policy statement 3

2. Policy rules 3

3. Responsibility for Implementation and Compliance 4

4. Scope 4

5. Supporting Procedures 5

6. Definitions 6

7. Related documents 6

8. Contact information 9

9. History of changes 9

10. More information 11

Policy review date 11

Policy last updated 11

Uncontrolled when printed Duty of care for public school students policy

1. Policy statement
The Department is committed to achieving a balance between protecting students from an
unreasonable risk of harm and encouraging students’ independence and maximising their
educational opportunities.

All Department of Education (the Department) employees have a duty of care to protect
students from risk of harm that can reasonably be foreseen when students are involved in all
school activities, whether on or off the Department site.

2. Policy rules

Site managers must:

• inform all employees, volunteers and external providers of their duty of care
responsibilities;

• apply appropriate risk management strategies to reduce the foreseeable risk of harm to
students during all school activities conducted on and off Department sites; and

• comply with the following supporting procedures for managing risks associated with
specific activities:

• Excursions in Public Schools Procedures;

• Recreation and Outdoor Education Activities for Public Schools Procedures;

• Student Drivers on Western Australian College of Agriculture and Farm Based Public
School Sites Procedures;

• Training With An External Registered Training Organisation (RTO) for Public Schools
Procedures; and
• Workplace Learning for Public Schools Procedures.

Guidance
The Department promotes positive and inclusive school communities where all members feel safe and are
safe.

Site managers should use their professional judgement in discharging their duty of care responsibilities.

Non-teaching staff, volunteers and external providers have a right to refuse a request to personally care for

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

students and to have their decision respected by members of the teaching staff. Non-teaching staff,
however, have limited scope to refuse a request from teaching staff to personally care for students if, by
reason of their Job Description Form (JDF), the request relates to a task they are required to perform as part
of their normal duties.

Risk management involves the identification, evaluation, treatment and ongoing monitoring of risks. See
the Departments Risk and Business Continuity Management policy for further information and guidance.

Principals are instructed there is an interim ban on the outdoor use of inflatable amusement structures,
including bouncy castles, in public schools. Schools are also prohibited from using zorb balls. The ban
applies to situations where school facilities are made available for use by third parties. Refer to CEO
Instruction - interim ban on the outdoor use of inflatable structures and banning of zorb balls.

Guidelines are available to support this policy and each of the Supporting Procedures.

• Duty of Care for Public Schools

• Excursions in Public Schools Procedures

• Recreation and Outdoor Education Activities for Public Schools Procedures

• Student Drivers on Western Australian College of Agriculture and Farm Based Public School Sites

• Training With An External Registered Training Organisation (RTO) for Public Schools

• Workplace Learning for Public Schools

3. Responsibility for Implementation and Compliance

Implementation of the policy is the responsibility of all employees.

Line managers are responsible for compliance and monitoring.

4. Scope
This policy applies to all employees.

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

5. Supporting Procedures
Training with External Registered Training Organisations for Public Schools Procedures

Excursions in Public Schools Procedures

Workplace Learning for Public Schools Procedures

Student Drivers on Western Australian College of Agriculture and Farm Based Public School
Sites Procedures

Recreation and Outdoor Education Activities for Public Schools Procedures

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

6. Definitions

Duty of care

A duty imposed by law to take reasonable care to minimise the risk of harm to another.

Employee

A person who is currently employed by the Department of Education under the School
Education Act 1999 or the Public Sector Management Act 1994 .

External provider

A business, service provider or individual engaged by the school to provide a venue, service
and/or expertise appropriate to a particular activity.

School activity

An activity organised or managed by a Department employee nominated to be in charge of

the activity as part of his or her duties.

Department site manager

Officers who have executive responsibility for overall management of any Department site.

Student

A person who is enrolled at a school or short-term visiting student, involved in school

activities, both in school and out of school.

7. Related documents

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

Relevant legislation or authority

Children and Community Services Amendment Act 2008

Disability Discrimination Act 1992 (Commonwealth)

Equal Opportunity Act 1984

Occupational Safety & Health Act 1984 (WA)

Occupational Safety and Health Regulations 1996 (WA)

Public Sector Management Act 1994 (WA)

School Curriculum and Standards Authority Act 1997 (WA)

School Education Act 1999 (WA)

School Education Regulations 2000 (WA)

Sex Discrimination Act 1984 (Commonwealth)

State Records Act 2000 (WA)

Teacher Registration Act 2012 (WA)

The School Education Act Employees’ (Teachers and Administrators) General Agreement
2019 (WA)

Volunteers (Protection from Liability) Act 2002 (WA)

Western Australian College of Teaching Act 2004

Working with Children (Criminal Record Checking) Act 2004 (WA)

Working with Children (Criminal Record Checking) Regulations 2005 (WA)

Department policies

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

Alcohol and Other Drugs in the Workplace

Child Protection in Department of Education Sites

Criminal History Screening for Department of Education Sites

Curriculum Assessment and Reporting in Public Schools

Equal Opportunity, Discrimination and Harassment

Incident Management on Department of Education Sites

Occupational Safety and Health

Research Conducted on Department of Education Sites by External Parties

Risk and Business Continuity Management

Staff Conduct and Discipline

Student Attendance in Public Schools

Student Behaviour in Public Schools

Student Health Care in Public Schools

Students Online in Public Schools

Visitors and Intruders on Public School Premises

Working with Children Checks in Public Schools

Other documents

CEO Instruction - interim ban on the outdoor use of inflatable structures and banning of zorb
balls

Guidelines for First Aid in Department Workplaces (staff only)

Physical Contact with Students (Guidelines) (staff only)

School Curriculum and Standards Authority: K-10 Curriculum and Assessment Outline

School Curriculum and Standards Authority: WACE Manual

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

8. Contact information
Policy manager:

Manager
Student Engagement and Wellbeing
Statewide Services Centre

T: (08) 9402 6448

9. History of changes
Effective date 1 January 2019

Last update date

Policy version no. 2.0

Notes Major review of Duty of Care for Public School

Students policy. Endorsed by the Director
General at Corporate Executive on 9 August
2018. This new policy replaces the Outdoor
Education and Recreation Activities for Public
Schools, Duty of Care VET for School Students
Attending TAFEWA Colleges from Public
Schools and Workplace Learning for Public
School policies.

Effective date 1 January 2019

Last update date 20 January 2020

Policy version no. 2.1

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

Notes Addition of Student Drivers on Western

Australian College of Agriculture and Farm
Based Public School Sites Procedures and
removal of Outdoor Education and
Recreational Activities for Public Schools
Procedures endorsed by the Director General
D20/0033995.

Effective date 1 January 2019

Last update date 21 February 2020

Policy version no. 2.2

Notes Minor changes to contact information

D20/0086638.

Effective date 1 January 2019

Last update date 4 January 2021

Policy version no. 2.3

Notes Addition of Recreation and Outdoor Education

Activities for Public Schools Procedures
endorsed by Director General D20/0350265.

Effective date 1 January 2019

Last update date 16 February 2021

Policy version no. 2.4

Notes Addition of Excursions in Public Schools

Procedures endorsed by Director General on
11 February 2021 D21/0074488.

Effective date 1 January 2019

Last update date 7 February 2022

Policy version no. 2.5

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.
Uncontrolled when printed Duty of care for public school students policy

Notes Minor change to include CEO Instruction -

interim ban on the outdoor use of inflatable
structures and banning of zorb balls
D22/0069926

Effective date 1 January 2019

Last update date 12 June 2023

Policy version no. 2.6

Notes Minor update to contact details

(D23/1219928).

Effective date 1 September 2019

Last update date 18 September 2023

Policy version no. 2.7

Notes Minor update to contact details

10. More information (D23/1530231)

Supporting content

Procedure
Training with External Registered Training Organisations for Public Schools Procedures
Excursions in Public Schools Procedures
Workplace Learning for Public Schools Procedures
Student Drivers on Western Australian College of Agriculture and Farm Based Public School Sites
Procedures
Recreation and Outdoor Education Activities for Public Schools Procedures

Policy review date

1 January 2022

Policy last updated

18 September 2023

All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public
Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.