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Excursion administration and litigation fears deter teachers

14/10/14
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A major review of Australia's national curriculum has revealed that the administration surrounding excursions and the potential legal claims that may arise from off-site activities are deterring many teachers from taking their students on excursions.

The release of the final report from the Review of the Australian Curriculum (Final Report) on 12 October 2014 revealed many findings, including the worrying trend reported by news.com.au that excursions are being dumped by teachers 'too frightened to take their students outside of school grounds because of the threat of being sued'.

What was the purpose of the Review?

The Federal Government (Government) established a Review of the Australian Curriculum in January 2014. The Review evaluated the robustness, independence and balance of the process and development of the Australian Curriculum. It also sought to understand whether the Australian Curriculum is delivering what students need, parents expect and the nation requires in an increasingly competitive world.

The reviewers spoke with key stakeholders, received almost 1600 submissions from the general public, reviewed national and international research and commissioned 15 reports from subject matter specialists as part of their Review. The preliminary report was delivered to the Government in March this year. The Final Report lists 30 key recommendations for improving the Australian Curriculum (not summarised in this article).
 

General findings

 
The Review produced many key findings, including some general underlying issues such as:
  • too much content, especially in primary years;
  • content gaps in some subjects;
  • parents wanting to be more involved in what their children learn at school; and
  • mixed views on the role, function and governance of the Australian Curriculum, Assessment and Reporting Authority.
The Government has pledged to focus on some of the key findings and it will work with the State and Territory governments to make changes. A summary of the Government's key focus areas is provided in this  fact sheet.
 

Excursion fears and administration

The Report's assessment of certain Curriculum subjects such as health and physical education, included references to teacher feedback regarding the use of excursions as part of teaching content outside the classroom. This feedback indicated that many teachers feel that they are burdened by excessive administration requirements and worried about potential legal liabilities if things go wrong due to their high standards of duty of care towards students in these circumstances.

Sadly, as illustrated through recent high-profile tragedies (including a student drowning and another dying from anaphylaxis) the fear that things can go wrong on excursions is real where schools do not take appropriate steps to identify risks and manage them appropriately.

As a result all schools are required to, undertake extensive planning for excursions including the conduct and documentation of risk assessments with respect to each aspect of the excursion including transport arrangements, venue related risks, accommodation, student abilities and medical conditions. Once the risks have been identify schools then need to implement risk mitigation strategies including those relating to supervision, communication and critical incident response procedures.

The reality is that there is always the need to balance the dual priorities of education and student safety.

The feedback received by reviews prompted them to state there is 'a strong case for jurisdictions to address these matters, especially through more comprehensive pre-service education and training, and in-service professional development'. The truth is that training will only help to a certain extent. The reality is that schools need to develop more efficient ways in which to manage the administration associated with planning and managing excursions.

 

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About the Author

Xenia Hammon

Xenia is currently a senior content consultant at Ideagen. She also practised as a commercial lawyer, both in private practice at a large, national law firm and in-house at an ASX-listed company.

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