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Duty of Care

Duty of care is owed to students by the supervising team officials on behalf of the Department of Employment Education and Training. In the case of travelling teams this is extended to the full 24 hours a day.  The duty of care arises at all times when the official-student relationship exists.  This includes when a student is billeted, attends an excursion or undertakes an adventure.

The test currently used by courts is that an official (teacher) must not only refrain from injury-creating activities, but take such positive measures as in all circumstances as are reasonable, to prevent foreseeable injury to the student.

The breach of duty of care will occur if a team official (teacher) fails to act in accordance with recognised standards of supervision required to protect a student in a given circumstance.  The standard will vary according to such factors as the age and experience of the child and the nature of the activity.  Team officials (teachers) should be fully aware of the dangers and risks involved in any activity and take steps to adequately supervise and minimise them.

In cases where injuries result from an official’s (teacher’s) action in the course of their employment, the Minister of Education has vicarious liability and will indemnify the teacher against claims for compensation.  This does not, however, preclude the Department from recovering some of the costs if negligence is proven and the official’s (teacher’s) actions constitute serious or wilful misconduct.

The official designated leader of an outdoor activity must provide the standard of care expected of a competent leader of that activity.  It is expected that an official (teacher) in charge of an activity would observe the recognised standards of safe practice to which the authorities in the particular activity subscribe.  Where activities involve high risk of injury, officials (teachers) in charge are expected to have formal qualifications and adequate experience in the skills of the activity.

If the official (teacher) cannot fill this requirement, a formally qualified instructor may take charge of hazardous elements of the activity.  The official (teacher) still retains overall responsibility for the duty of care of the group as well as ensuring the maintenance of appropriate discipline.

Duty of care also relates to the action the responsible official (teacher) takes after an accident has occurred.