It is important that teachers understand and can recognise any potential for legal issues that can arise from their actions or omissions (Butlin, n.d.). The Education (General Provisions) Act 2006 imposes a duty of care on teachers and the school. This means that a teacher has a moral and legal obligation to ensure that a student is not likely to be affected by a decision or the behaviour committed by others and are responsible for the safety and wellbeing of all students. They cannot delegate their duty of care to someone else. If a teacher or school is negligent in their duty of care this is referred to as a Breach of Duty. The school is also liable for a breach of duty. Referred to as vicarious liability it is deemed because the school instructs its teachers and gives them responsibilities and tasks, it too can be made liable for any action. Finally, teachers need to be aware of the concept of Malpractice. Malpractice is the failure of a student or students to learn. This cannot generally be proven with respect to failing to learn in a particular curriculum area however teachers need to be aware of giving the correct advice to students as it may impact the student’s educational outcomes and future job opportunities.
Butlin, M. (n.d.). Teachers and the law Part 1. (video). University of Southern Queensland Study Desk https://usqstudydesk.usq.edu.au/m2/mod/page/view.php?id=2552811
Butlin, M. (n.d.). Teachers and the law Part 2. (video). University of Southern Queensland Study Desk https://usqstudydesk.usq.edu.au/m2/mod/page/view.php?id=2552811
