THE ARK - SECTION 4
LEGAL AND COMPLIANCE ISSUES... oh oh oh, this sounds serious!
Artists working in schools come under the jurisdiction of State legislation and Department of Education and Children's Services policies. Compliance with legislation is mandatory and compliance with DECS policy is mandatory in all government schools.
Most of the time this will only mean ticking off commonsense aspects of project planning that you will be doing anyway to make sure that everyone is safe and that their rights and responsibilities are protected. However, it's important for artists and teachers to know where they stand in relation to legal compliance issues, and to discuss them before a project begins.
Relevant policies of the Department of Education and Children's Services include:
DUTY OF CARE
"The duty of care owed by teachers to students is that of a reasonable professional and will be governed by factors which include the age of the student, the student's individual capacities, including intellectual and physical impairment, potential dangers and the foreseeability of injury." A quote from DECS website
In other words, teachers have a duty to take reasonable care to protect a child in their care from foreseeable risks of harm or injury.
Duty of care means doing what is reasonable and in the best interest of the children and students in a given situation. This includes:
• supervising children and students to ensure that they stay within rules and practices for their safety and that of other children
• designing and implementing programs and procedures to ensure the safety of the children and students
• ensuring that school and site buildings, facilities and equipment are safe
• educating and warning children and students about dangerous situations or practices.
As an artist undertaking workshops in schools:
• ensure identified teachers are present at all times (the artist is not a teacher and does not have a duty-of-care role)
• negotiate with the teacher what strategies you'll use to manage student behaviour. They may differ.
• be aware that ultimately, behaviour management, attendance, OH&S, and student supervision and welfare are all the responsibility of the school.
The school leader has a duty of care for all staff on site and is therefore responsible for the safety and well-being of the artist throughout the residency.
For Community Cultural Development projects, it is wise to budget and plan for the inclusion of a qualified youth worker or counselor as a support worker for key creative staff.
The artist/s working with young people must remain mindful of the following:
• Arrive punctually at the time their supervision is to commence.
• In considering whether it is reasonable to leave a group unsupervised and for how long, arts workers must assess the maturity and propensities of the youth and the nature of their environment.
• Communicate clearly to the group as to where you are and when you'll re-enter the room.
• Check with the group that they feel confident to remain unsupervised for a short duration.
• Communicate clearly to the group what you expect of them in your absence.
• Identify at least two within the group who can act as monitors for the safety in the short time.
• Take prompt action to put an end to any dangerous or potentially dangerous behaviour.
• Ensure that the workplace/employer has provided you with an emergency response plan - this should include access to a working phone, with emergency phone numbers easily available.
• In case of a service emergency it is very important that you do not leave the group.
• Should someone in your care abscond it is vital that you do not leave the group - but call relevant assistant (as you see fit).
• Provide whatever assistance you can to help any injured person - and respond with due care ensuring that they receive adequate medical help if needed. (*This may require calling an ambulance).
• Do not place yourself in situations where you are alone with a young person.
• Have your workplace identify strategies for debriefs or hard decisions.
Teachers and school authorities are under the same Duty of Care towards their students on school excursions as they are at school during school hours. It is wise where possible, to ensure that a teacher is in the workshop space with the artist/s.
Behaviour Management Many schools develop their own Student Behaviour Management Policy which can be provided upon request.
There are some great programs being taught in schools, which help students to manage their own behaviour. However, these programs don't work for everyone.
So what do you do with a student who's out of control?
The teacher has a responsibility to inform you prior to the workshop/program if there are students with special needs, physical, intellectual or emotional.
Having this information could prevent a situation from arising.
The artist has a responsibility to inform the teacher how you will manage student behaviour and how and when you would expect the teacher to intercede.
You've given it your best shot to include the student and continue with the workshop but the negative behaviour continues.
The teacher has a responsibility to step in when the behaviour of a student interferes with other students' learning.
Want to learn more?
'Headroom' runs regular courses in Behaviour Management
Contact: Phone (08) 8161 6980 Fax (08) 8161 6983
POLICE CLEARANCES / CRIMINAL HISTORY CHECKS
Many organizations that work with young people will be requiring, tutors, artists, coaches, community workers and volunteers to undergo criminal history checks .
It is all about the safety and protection of the young people. When working with school communities will be asked to provide one.
Criminal History Check: Frequently Asked Questions
Q: What is a criminal history check?
A: A criminal history check provides a national summary of an individual's offender history. It is generally used by organisations as one part of their process to ensure the integrity and suitability of staff and volunteers.
Q: If a person has a criminal history, who will make the decision about whether they can work with young people?
A: Any checks that show a criminal history will be considered by DECS on an individual basis.
Q: What happens to the information on my check?
A: The information contained in your check will be held centrally under conditions of strictest confidentiality in the Department of Education and Children's Services. It will not be disclosed to any other authority without your prior consent. Once the check has been sighted it will be destroyed after review times or legislative or legal requirements have been exhausted. The only information which may be retained by the Department of Education and Children's Services is a copy of the completed consent form, confirmation that a check has been conducted, a notation as to the result of the check and how the criminal history record information affected any associated decision making processes within DECS.
Q: What will show on my criminal history check?
A: The check will be prepared in accordance with SA Police (SAPOL) policy. Offences from other states will be released in accordance with that State or Territory's spent conviction/rehabilitation legislation and policies.
The criminal history check may include information in some or all of the following categories:
• convictions as an adult;
• convictions as a juvenile;
• outcome of court proceedings initiated by agencies other than police where a conviction is recorded in police records;
• traffic offences; and
• probations and bonds.
MANDATORY REPORTING
The Children's Protection Act, 1993 obliges departmental staff and volunteers to notify Family and Youth Services if they suspect on reasonable grounds that a child has been or is being abused or neglected.
A mandatory notification information package for each sector, (children's services, schooling and TAFE), and materials have been produced to support each site to comply with departmental requirements.
The DECS Training and Development Unit (Ph: 8463 5800) arranges face to face training sessions.
The packages are available on the DECS homepage.
http://www.decs.com.au
Each package has two parts:
• Mandatory notification information
• Guidelines for managing allegations of child abuse against employees and volunteers.
The SA youth arts sector through its SA Young People and the Arts (YPAA) membership is also working together to provide training for artists in this area. For information contact: Carclew Youth Arts Industry Development Program Manager on Ph: 8267 5111
If you are unsure whether you have a suspicion on reasonable grounds to notify, it is appropriate to consult with a social worker by calling the
Child Abuse Report Line, Telephone: 13 14 78 (24 hour service).
Mandatory reporting is explained fully in the Child Protection Policy
http://www.decs.sa.gov.au/docs/files/communities/docman/1/childprotection
FIRST AID
All teachers in South Australian schools must attend a course of instruction in First Aid and keep their training updated.
As an artist working in a school you are not required to undertake First Aid training but it is advisable.
Any student can become ill or injured unexpectedly. Some students have predictable first aid care needs (eg emergency management of asthma, diabetes, epilepsy, anaphylaxis, joint and cardiac problems). These known risks should be planned for.
Would you know how to save someone's life?
Australian Red Cross provides a range of first aid courses to suit everyone's needs.
Australian Red Cross is a registered Training Organisation offering accredited first aid training courses for the workplace as well as a wide range of other nationally endorsed courses for groups or individuals with specific interests or requirements.
The First Aid Training Centre is located at:
229-233 Marion Road
Marleston SA 5033
For more information on first aid courses telephone on (08) 8293 9200 or email training@sa.redcross.org.au
http://www.redcross.org.au/sa/first_aid_training.htm
First Aid Courses can also be arranged with:
St John Ambulance Australia (SA Inc), Ph. 08 8306 6900
Royal Life Saving Society, Ph. 08 8234 9244
The SA youth arts sector also works together to organise training for artists in First Aid. For information contact Carclew Youth Arts Industry Development Program Manager on Ph: 8267 5111
