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The legal context

See also: acu-rtt

Sixth module in the ACU Return to Teaching course. APSTs 3, 4 and 6

Protecting children#

Qld Child Protection act 1999 - 376 pages

Mandatory reporting#

Term Description
Harm and negative effect of a significant nature on the child's physical, psychological or emotional wellbeing. How produced is immaterial
Abuse Any act that endangers or impairs a child's physical or emotional health and development
Sexual abuse Any jokes, conversation, acts of a sexual nature
Inappropriate behaviour Any behaviour the child views as inappropriate speech or unnecessary contact - especially when familiar, length or uninvited
Physical abuse Non-accidental injury to a child
Emotional abuse Behaviour short of assualt that destroys the confidence of the child and results in significant emotional deprivation or trauma. Withholding praise and affection or constant yelling can be examples
Neglect continued failure to provide a child with the basic necessities of life - food, clothing, shelter, medical attention, supervision, education and protection from harm

Reporting abuse#

Most of the above a reportable offences. Proof is not required. Reasonable grounds (e.g. told about it happening, child or other; or, observation suggest)

Mandated reporters - certain professional - must report incidences of child abuse. Teachers are included

School is required to have a policy.

Duty of care#

Legal requirement that teachers take all reasonable steps to protect their students

Ethical frameworks#

QCT Code of Ethics#

Code of ethics

  • Integrity
  • Dignity
  • Responsibility
  • Respect
  • Justice
  • Care

Professional Boundaries#

Teacher-student relationship is not equal. Teachers must be professional. No definitive source on where the boundary lies. But teacher power is misused in a way that compromises student welfare is a good indicator.

Workplace#

Overview of various bits of legislation, and QCT/QCA type information.

Discrimination#

Direct discrimination - treat someone less favourable due to an attribute of that person

Indirect discrimination - impose a condition/requirement that a person with an attribute (or a higher proportion of people with that attribute) cannot comply with

Employment conditions#

State schools