1. Legal Responsibility and Duty of Carein the PE Setting

2. DUTY OF CAREWhat is it? Legal requirement to minimise the risk of harm. Teachers have a duty of care in all aspects of school life and at all times ofthe school day - extra curricular activities. A school activity is one that is organised by teaching or non teaching staff. 3. NEGLIGENCEIf a teacher breaches their duty of care a parent orparty may sue for negligence. In order to sue fornegligence, three factors must be established:1. There was a duty of care.2. The teacher or the school have breached thatduty of care3. An injury has resulted that could have beenforeseen 4. ForseeabilityDuty of Care means that a teacher must, in all circumstances, protectstudents from risks of harm that reasonably ought to be foreseen. Thisrequires not only protection from known hazards, but also protection fromharm that could foreseeably arise and against which preventative measurescould have been taken. Teachers need to be able to step back from their practicesand try and envisage what may occur. This is why routines and management techniques are soimportant - expectations are clear. 5. Forseeability If an accident occurs that the teachershould have foreseen, then they may benegligent. It is important for teachers to constantlyassess the working environment and makeadjustments to ensure that injuries dontoccur. Keep the learning environment positive bymaking these adjustments - maximiselearning outcomes. 6. Forseeability Teachers should be aware that doing nothing, can be negligent(Tinning et al 2001). A good teacher will put in place a number of management techniques toensure that lessons are organised and maximise student safety andminimise the risk of injury.THE CHALLENGE:Exercising your professional judgement to achieve a balance betweenensuring that students do not face an unreasonable risk of harm andencouraging students' independence and maximising learning opportunities.Educational Value and Teaching Opportunities. 7. Protocol and Policy Use the Education Dept of WA manuals for excursions, outdoor educationand water based activities. New teachers - always check how your school goes about implementingpolicy and admin. ASK!! 8. Developmentally Appropriate Activities Many negligence claims have been a result of inadequatelead up skills. If a teacher asks a child to perform a skill for which theydont have the pre-requisite skills to perform - they arebeing negligent. How teaching degrees have contributed to this - generalistdegrees without specialist skills. Up to date resources a must. 9. SupervisionAs a result of precedence set in a number of cases a number of recommendations havebeen made for PE teachers: A supervisor must be in the immediate vicinity (within sight and hearing) If required to leave a supervisor must provide an adequate replacement (not studentteachers, parent help etc) Supervision procedures (SP) must be preplanned and incorporated into lesson plans. SP should show the best place for a teacher stand. Supervision requires that age, maturity and skill level of students must be considered. 10. Duty to Properly Instruct Skill development drills and conditioningmust be progressive Incorrect technique must be corrected Demonstration of proper technique is amust. Detailed records of instruction andtraining should be maintained(programmes) 11. EQUIPMENT When providing equipment makesure that it safe, continually checkit. Select equipment that is appropriatefor the students height weight, skilland overall competence. Ensure that equipment is only usedfor its intended purpose. Teach all students how to useequipment properly. 12. PracticalPointsThe following points need to be considered when practicing drills: Adequate spacing between groups Adequate distance between a hitter and fielder or pairs throwing andkicking to each other Grouping students who are similar, equal and comparable can helpreduce injury Established protocols for safe retrieval of equipment Use cones and markers as indicators where to set up a drill or a game 13. Telling students just once does not provide ongoing legal protection for a teacher.This case clearly demonstrates that the teacher had forseen the potential for a safety issue,but had not enforced it throughout the lesson.