ACT, NT, QLD, SA, TAS, VIC and WA

Yes

MO 1359:

Cl 12(e) – “at least annually, appropriate training and guidance is provided to the members of the governing body about:

• individual and collective obligations and responsibilities for implementing the Child Safe Standards and managing the risk of child abuse;
• child safety and wellbeing risks in the school environment or school boarding premises environment; and
• the child safety policies, procedures and practices of the school or provider of school boarding services.”

NESA https://rego.nesa.nsw.edu.au/registered-individual-non-government-schools/registration-requirements/management-and-operation-of-the-school/proper-governance/professional-learning-of-responsible-persons:

No specific CP training requirements, but there is mandatory training in general that could include CP training:

“The responsible persons for a registered non-government school must have in place and implement policies and procedures for the ongoing professional learning of the school's responsible persons with specific reference to:

• the mandatory completion of a minimum twelve (12) hours of professional learning with regard to governance for each responsible person for the school over each three (3) year period from the time of commencing as a responsible person; to be delivered by a NESA approved training provider
• relevant professional learning for responsible persons with responsibilities for areas of governance requiring particular qualifications, skills or expertise, for example in relation to finance, compliance, risk management and/or education, delivered by a NESA approved training provider...”.

ACT, NT, QLD, SA and TAS

Guide to the Registration Standards and Other Requirements for Non-Government Schools 2022.

School Governance:

“In assessing fitness and propriety, the Director General will also consider the skills, experience, and qualifications the members bring to their governing body roles… Specific knowledge related to school governance may, alternatively or in addition, be acquired by undertaking professional development and participating in appropriate training. A particular focus of the skills and training expected is on the itemised matters for which the governing body itself is held ultimately accountable.”

Evidence:

“Evidence of training opportunities offered to and undertaken by members which target gaps in members’ knowledge and expertise as well as providing regular updates covering accountable and ethical decision making, complaint handling, duty of care and protective behaviours with particular attention paid to the context of school boarding facilities where applicable.”

Standard 10.5:

“All staff, governing body members and regular volunteers participate in learning opportunities at least annually about the law with respect to mandatory reporting of child sexual abuse and the school’s policies, procedures and practices that aim to ensure students’ safety and wellbeing at school and during school-related activities, including the creation and maintenance of child-safe physical and online environments.”

Victoria: Occupational Health and Safety Act 2004 (Vic)

There are no explicit requirements for officers to receive training in OHS, other than the general requirement that all employees be trained to enable them to do their job safely (section 21(e)). Most governing body members would not be employees.

There are no “due diligence” requirements for directors and officers which require them to have a knowledge of occupational health and safety matters. An officer’s liability for the body corporate’s failure in their OHS duties (s144) depends on what the officer knew, not what they should have known (which is “due diligence”), amongst other criteria determining the level of their involvement in the decisions or acts which resulted in the failure.

Officers who are volunteers (almost all school governing body members are volunteers) cannot be prosecuted for failures in their duties as officers.

ACT, NSW, NT, QLD, SA, TAS and WA

Harmonised: ACT, NSW, QLD, SA, WA S27(5) of the Work Health and Safety Act (in all those jurisdictions) under the due diligence requirements of officers requires that they:

(a) acquire and keep up-to-date knowledge of work health and safety matters, and

(b) gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations. 

Work Health and Safety Act 2011 (NSW)

Work Health and Safety Act 2011 (ACT)

Work Health and Safety Act 2011 (NT)

Work Health and Safety Act 2011 (Qld)

Work Health and Safety Act 2012 (SA)

Work Health and Safety Act 2012 (Tas)

Work Health and Safety Act 2020 (WA).

Officers who are volunteers (almost all school governing body members are volunteers) cannot be prosecuted for failures in their duties as officers.

ACT, NSW, NT, QLD, SA, VIC, TAS and WA

All jurisdictions are subject to the Privacy Act 1988 (Cth), provided the organisation has a turnover of $3 million or more or is a health service provider (all schools are health service providers, with the possible exception of schools which are completely remote).

Australian Privacy Principle 1 (APP1) requires an organisation to take such steps as are reasonable in the circumstances to implement practices, procedures and systems relating to the entity's functions or activities that will ensure that they comply with the Australian Privacy Principles and enable them to deal with inquiries or complaints from individuals about the entity's compliance with the Australian Privacy Principles or such a code.

The Office of the Information Commissioner (OAIC) Australian Privacy Principles Guidelines, Chapter 1: APP1, section 1.7 provide examples of what constitutes reasonable steps which includes: “regular staff training and information bulletins on how the APPs apply to the entity, and its practices, procedures and systems.”

It is implicit that this would require privacy training to be received at all levels of the organisation.

The Notifiable Data Breach Scheme requires decision-making by an entity, at potentially governing body level, on how to deal with an eligible data breach which requires notification to the OAIC. It would be appropriate for the governing body to understand their obligations.  

ACT, NSW, NT, QLD, SA, VIC, TAS and WA

Governing body members have a legal obligation to ensure the confidentiality of information which they acquire in the course of their governing body activities, as well as having an obligation to comply with the federal Privacy Act as individuals where they come across personal information.

ACT, NSW, NT, QLD, SA, VIC, TAS and WA

ACT, NSW, NT, QLD, SA, VIC, TAS and WA

This is now swinging back to becoming more of an OHS/WHS issue as discrimination, harassment and bullying are foreseeable workplace hazards. The obligation of a PCBU or employer in both the harmonised Work Health and Safety Acts and the Victorian Occupational Health and Safety Act is to provide “… any information, training, instruction or supervision that is necessary to protect all persons from risks to their health and safety arising from work carried out as part of the conduct of the business or undertaking”.

ACT, NSW, NT, QLD, SA, VIC, TAS and WA