Duty of care
In addition to their professional obligations, principals and teachers (or other employees who have students in their care) have a legal duty of care with regard to the physical wellbeing of students in their charge. For information in relation to the legal duty of care, refer to Duty of Care.
The engagement in industrial action of any form, type or duration does not absolve a principal or teacher (or other employees who have students in their care) from their obligations under that legal duty of care. Whether a duty of care is breached is a matter which depends upon the circumstances. Where any form of industrial action has the capacity to affect the safety and wellbeing of students, it is the responsibility of the principal and teachers (or other employees who have students in their care) to ensure that adequate and appropriate arrangements are made for students' care prior to the taking of that action. Principals and teachers (or other employees who have students in their care) cannot abdicate their responsibility by a decision to take industrial action.
Failure by a principal or teacher (or other employee who has students in their care) to ensure that adequate and appropriate arrangements are made for students' care may be considered as falling within the exceptional circumstances referred to in Personal Liability of School Employees. As a consequence, the legal indemnity that is normally given to employees may not be granted.
Principals should advise employees who take stopwork action that they should leave the school premises. While principals and teachers (or other employees who have students in their care) remain on the school premises, their normal duty of care and obligation to students applies.
Reviewed 02 April 2020
