Legal implications and duty of care
Frequently asked questions
- Who assumes the duty of care for the students?
- Who is responsible for the children should the deliverer 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 school/OSHCS be responsible for the program?
Q. Who assumes the duty of care for the students?
A. As the AASC program provides a grant to the school/OSHCS to assist with the delivery of their proposed physical activity program, the responsibility and duty of care rests with the school/OSHCS. Conditions of the grant will require that the school/OSHCS, in their proposal, demonstrates how they will meet their duty-of-care requirements. It is important that the school/OSHCS verify that their insurance covers all activities engaged in as part of the school/OSHCS program and that they have coverage for volunteers. It is also important that school/OSHCS 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 deliverer not turn up at the allocated time?
A. The school/OSHCS 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 school/OSHCS 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 school/OSHCS be responsible for the program?
A. As it is the school/OSHCS responsibility to ensure duty of care is provided to all participating children, this is a question for the individual school/OSHCS to answer.
