Duty of Care

Day to day operational issues including records management, food safety and privacy.

Please scroll to the bottom of the page for contacts and links

Do you need to comply?

Yes.

Conditions of compliance

In addition to their professional obligations, principals and teachers have a legal duty to take reasonable steps to protect students in their charge from risks of injury that are reasonably foreseeable.

If you have to comply, what do you have to do?

Although the general duty is to take reasonable steps to protect students from reasonably foreseeable risks of injury, specific (but not exhaustive) requirements of the duty involve:

  • providing adequate supervision in the school or on school activities
  • providing safe and suitable buildings, grounds and equipment
  • implementation of strategies to prevent bullying
  • ensuring that medical assistance is provided to a sick or injured student.

The teacher’s duty is greater than that of the ordinary citizen in that a teacher is obliged to protect a student from reasonably foreseeable harm or to assist an injured student, while the ordinary citizen may choose to do nothing in a similar situation.

The duty is non-delegable, meaning that it cannot be assigned to another party.

What are the consequences if you don’t comply?

You may be the subject of litigation.

Who will help you?

Independent Schools Victoria contact:

Peter Roberts
Director, School Services
Ph: 9825 7211
peter.roberts@is.vic.edu.au

Kieren Noonan
School Services Advisor
Ph. 03 9825 7275
kieren.noonan@is.vic.edu.au

Elspeth Adamson
Manager, Student Services
Ph: 9825 7204
elspeth.adamson@is.vic.edu.au

Links and Resources

External linkVic DET: School Policy and Advisory Guide – Duty of Care

External linkVic DET: School Policy and Advisory Guide – Duty of Care

External linkVic DET: Legal Duty of Care