Legal implications and duty of care
- Who assumes the duty of care for the students?
- Who is responsible for the children should the community coach not turn up at the allocated time?
- Who is responsible for those children whose parents do not turn up at the nominated time to collect their child?
- Does the nominated supervisor have to be a teacher or can another person nominated by the site be responsible for the program?
Q. Who assumes the duty of care for the students?
A. As the Active After School Communities (AASC) program provides a grant to the school/Out of School Hours Care Services (OSHCS) (site) to assist with the delivery of their proposed physical activity or sport program, the responsibility and duty of care rests with the site. Conditions of the grant require that the site, in their proposal, demonstrates how they will meet their duty of care requirements. It is important that the site verify that their insurance covers all activities engaged in as part of the site program and that they have coverage for volunteers. It is also important that site staff appropriately supervise the roles and responsibilities given to volunteers and ensure they are set according to the volunteer’s capabilities.
Q. Who is responsible for the children should the community coach not turn up at the allocated time?
A. The site must ensure satisfactory duty of care is provided to all participating children at all times.
Q. Who is responsible for those children whose parents do not turn up at the nominated time to collect their child?
A. The site must ensure satisfactory duty of care is provided to all participating children at all times.
Q. Does the nominated supervisor have to be a teacher or can another person nominated by the site be responsible for the program?
A. No the nominated supervisor does not have to be a teacher, but it should be remembered that it is the site's responsibility to ensure duty of care is provided to all participating children.
