EAP0201 Lecture 3: Lecture 3
30 May 2018
School
Department
Course
Professor
Eap0201 week 3 lec
Duty of care
Is a legal; concept that h its origins in the common law. The common lar is a collection of legal
principles that have been established over time by the courts. The duty of car principle not only
underlines but to a large extent drives, most school policies and practices.
The duty owed to students is not a duty to ensure that no arm will ever occur, but rather a duty to
take reasonable care to avoid harm being suffered.
A person suffering harm will be entitled to damages (compensation) f he or she an establish that a
member of the teaching staff, non-teaching staff, volunteer or external provider as negligent that is,
failed to take reasonable care – and the negligence was the cause of the persons harm.
Duty of care depends on student age, experience and capabilities, physical and intellectual
impairment
Medical condition
Beha ioural carachteristics, the nature of th school activity, the nature of the environment ,
conflicting responsibilitie tht the staff membe will have
Normal practices within school departmententa policies nd procedures
Epilepsy/youd be more careful dude
Some kids you can trust but some you need to keep an eye on them
Te nature of the school activity
DOC for non teaching staff
EA
Volunteers
External providers/sparkys/anything
EA s uness requested and agree, are not responsible for personally aring for students. Right to refuse
request
Level 3 ea takes on higher level doc cuz level 1 is under direct supervison.
But job descriptin causes doc for ea
If undersupervised, doc transfers from teacher to ea
Duty of care
Reasonable foreseeable preventable Professional judgement
Basic ohs
Pro judgement is bitmore complicated.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Is a legal; concept that h its origins in the common law. The common lar is a collection of legal principles that have been established over time by the courts. The duty of car principle not only underlines but to a large extent drives, most school policies and practices. The duty owed to students is not a duty to ensure that no arm will ever occur, but rather a duty to take reasonable care to avoid harm being suffered. Duty of care depends on student age, experience and capabilities, physical and intellectual impairment. Beha ioural carachteristics, the nature of th school activity, the nature of the environment , conflicting responsibilitie tht the staff membe will have. Normal practices within school departmententa policies nd procedures. Some kids you can trust but some you need to keep an eye on them. Ea s uness requested and agree, are not responsible for personally aring for students.
