Some would argue that the legal and regulatory expectations placed upon schools - and the education system generally - are greater than ever before. Workplace health and safety (WHS) and child protection requirements round out the already complex and expansive world of duty of care obligations.
As School Governance looks back over its most popular articles for the year, it is clear that these remain areas of concern for schools. In this special edition to sign off on the year, we present our ‘Top Ten’ publications for 2016.
There are multi-layered obligations to act in the best interests of the school, sourced from registration requirements and the Corporations Act, state and territory Incorporation Acts and Australian Charities and Not-for-profits Commission Act depending on the status and structure of the school.
This article, jointly written by School Governance Reporter Grace Zhou and CompliSpace Business Consultant Svetlana Pozydajew, deconstructed the obligations upon school board members to manage conflicts of interest and the procedures that should be implemented to effect transparency and ethical management.
Svetlana and Grace can be contacted here and here.
Hellenna Tomshin, CompliSpace Business Consultant, broke down the duty of care responsibilities in relation to the administration of medication or implementation of health care procedures to students.
As different guidelines and other resources are provided by the Education Department in each state and territory, the expectations on schools vary depending on their location. This article outlines these resources in an effort to assist schools to keep their medication policies and procedures updated and compliant.
Hellenna can be contacted here.
With sport being a compulsory part of a school curriculum, millions of students participate around the country in a variety of sports across multiple locations, presenting challenges for schools in managing their legal obligations, particularly when a student is injured.
This article by School Governance Reporter Kieran Seed deconstructs a school’s duty of care in the common scenarios in which sporting injuries occur and presents suggestions for schools in how they can prevent and respond to student injury.
Kieran can be contacted here.
With the introduction of Victoria’s new Child Safe Standards, it was recommended that schools appoint a Child Protection Officer (CPO) in order to manage the risk of a child protection incident and communicate and embed cultural change within the school.
Business Consultant Joanna Lamparski analysed the role of the CPO in meeting the complex needs of schools and provided recommendations for the selection and appointment of persons to fill the position.
Joanna can be contacted here.
In this article Cara Novakovic, CompliSpace Content Development Consultant, reported on a new Bill introduced in Victoria which would remove special exemptions for religious schools from discrimination law.
While the Bill was later defeated, it was emblematic of the increasing legal pressures being placed upon schools around the country, with steps towards equal opportunity causing many schools to introduce diversity policies.
Cara can be contacted here.
Increasing legal obligations upon schools has meant that there is growing pressure to preserve a safe environment free from danger and possible harm. One potential strategy which some schools have considered in response is the use of a video surveillance system.
Craig D’cruz. National Education Consultant for CompliSpace, considers the advantages and disadvantages of employing such a strategy, including the privacy concerns which are raised and the general issues schools should consider before deploying such a system.
Craig can be contacted here.
While not all management decisions need be ‘best practice’, allowing unreasonable behaviour that causes risks to a victim’s health and safety can amount to serious workplace bullying.
Reporting on allegations brought before the Fair Work Commission, School Governance Reporter Kathy Tran presented an analysis of a finding of workplace bullying by a school principal, considering the ways in which schools could implement policies to avoid incidents like this one occurring.
Kathy can be contacted here.
With Australia home to over one hundred species of snake, encounters and incidents are very common and often involve injury or even death to school students.
In a two-part examination of a snake bite incident, School Governance Reporter Kieran Seed explored the duty of care obligations of schools heading into snake season, both on campus and while on excursion, and considered the policies and procedures schools could implement to reduce the risk of these tragedies occurring.
Kieran can be contacted here.
2. TheRelationship Between the Principal, the Business Manager and the Board Chair: Part One, Part Two and Part Three
In a trilogy of articles, National Education Consultant Craig D’cruz explored how the human relationships between three core members of the leadership body – the Principal, the Business Manager and the Chair – are determined and influenced.
Due to differences in the distribution of governance roles and responsibilities, and in school managerial and leadership structures, the relationships between these persons can vary considerably, but must be properly managed to prevent the risks of a relationship breakdown.
Craig can be contacted here.
Far and away the most circulated article of this year concerned the temporal extent of a school’s duty of care, both before and after school hours. It was also written by Craig D’cruz.
This article considers the common law and registration requirements, imposing upon schools an obligation to protect students from injury while on school premises. It also recommended a number of policies and procedures which could be implemented in order to achieve compliance with these obligations and keep students safe.
Craig can be contacted here.
Conclusion
As the Royal Commission into Institutional Responses to Child Sexual Abuse continues and new Bills are brought to Parliament which have the potential to extend legal duties even further, school governance remains an ever-shifting legal, regulatory and administrative landscape.
It remains to be seen just how much 2017 will impact upon the school sector.
What changes do you see for your school in the New Year?
