Duty of Care Essay

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(Word Count 1772) An Analysis of the Western Australian Department of Education’s Duty of Care Policy for Students and its implementation in the Primary School. Introduction: Analysis of the Duty of Care for Student Document. ‘Duty of Care is a legal obligation to avoid causing harm to another person by the exercise of reasonable care to avoid foreseeable injury to that person’ (Macquarie Dictionary 2009). The Duty of Care policy for students is a legal document, set by the courts, which states the requirements of staff, volunteers, external providers and teachers (Department of Education Western Australia, 2007).The policy deals with situations concerning the safety and care of students while involved in school activities, either within the school grounds or out on an excursion. These guidelines are set for schools and staff to follow so that problems can be dealt with in a professional and fair manner for all concerned. Schools policies and procedures are based on the Duty of Care policy. The Duty of Care policy not only requires teachers to take responsibility for the students welfare, but also for the surrounding environment, equipment and any other foreseeable hazards which can cause harm. The duty of care policy explains how teaching staff may discharge their duty of care to students and at the same time encourages independence and maximize learning experiences without harm to themselves or others. Reasonable care needs to be taken to ensure all students are safe from harm. If a situation could have been avoided and the harmed can prove the provider is negligent the harmed may be entitled to compensation. If this occurs a number of factors are considered; 1) The age, experience and capabilities of the students: the younger the student the more care is needed than a teenager. 2) Physical and intellectual disability: a student with a

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