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Legal Issues (including Negligence)
- The Department of Education can provide advice to principals and teachers on their legal responsibilities when caring for students.
- Such advice does not contain directions about how staff are to carry out their functions in such a way that will ensure that they will not later be found legally liable on the grounds that they were negligent. No set of 'guidelines' could ever hope to accomplish this: there is no exhaustive list of ready–made answers which will enable staff to avoid all situations where they may face liability at law.
- Nevertheless, teachers have little to fear if they carry out duties in a responsible manner, exhibiting the level of professional knowledge and skill expected of a teacher to look after children and protect them from harm and dangers which can be foreseen.
- Principals and all staff should contact the Senior Advisor by email or phone (03) 6233 6092 at the Ministerial & Co-ordination Unit for further information and advice in all legal matters.
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