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KEEPING OUT OF COURT

KEEPING OUT OF COURT. THE IMPORTANCE OF GOOD PRACTICE WHEN GIVING ADVICE IN SCHOOLS David Bruce. Personal background Secondary teacher Careers roles in schools CEAV committee experience Completed M Career Dev (ECU) 2009

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KEEPING OUT OF COURT

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  1. KEEPING OUT OF COURT THE IMPORTANCE OF GOOD PRACTICE WHEN GIVING ADVICE IN SCHOOLS David Bruce

  2. Personal background • Secondary teacher • Careers roles in schools • CEAV committee experience • Completed M Career Dev (ECU) 2009 • Have included in previous study units in contract law, educational law, employment law and business ethics

  3. Disclaimer Information regarding law contained in this presentation is for the purpose of enhancing understanding of seminar participants to engage in their daily work. It in no way reflects departmental or CEAV policy. Reference should be made to appropriate authorities where questions or case issues arise requiring interpretation.

  4. Certificate IV in Career Development • CHCCS301A (compulsory module) • Work within a legal and ethical framework

  5. Some legal terminology • Civil Law – laws that deal with things other than crimes • Tort – civil wrong (eg defamation) • Negligence – an action in tort law, the elements of which are the existence of a duty of care, breach of that duty and material damage as a result of the breach of duty

  6. Legal terminology - cont • Regulations – make an act work • Codes of Practice – guidelines can be used in court as evidence • Ministerial Orders – orders made by the minister under the act

  7. What constitutes “good practice”?

  8. What constitutes “bad practice”? • Where does “bad practice” become a liability? • How do I keep out of court?

  9. What constitutes “advice”?

  10. Investment advisers have been sued in situations like the current economic climate. • What of career development practitioners? • Does a possibility of being sued enhance professionalism? (CDAA insurance)

  11. A few investment advisers have adopted dubious practices • What of career development practitioners?

  12. Where do the parallels between investment advisers and career development practitioners break down? • What are the differences?

  13. THREE AREAS • CONDUCT OF DUTIES - professionalism • RELATING TO STUDENTS - the student – counsellor relationship - mandatory reporting • DOCUMENTATION PRACTICES - counselling records, work experience, swl, wpl

  14. THREE DIMENSIONS • LEGAL • ETHICAL / PROFESSIONAL • COMMONSENSE / PRACTICAL

  15. SELECT SOURCES OF LAW • Decisions handed down by the judiciary (common law) • Statutes passed by the parliaments • Subordinate legislation (administrative law) - derives from authority granted by statute to various administrative agencies of governments to make rules and regulations in order to carry out the purposes for which the legislation was passed.

  16. INTRODUCTION TO ASPECTS OF LAW • LEGISLATION • DUTY OF CARE • NEGLIGENCE • EMPLOYMENT LAW

  17. LEGISLATION • Education Act (Vic) 1958 (with amendments) • Education and Training Reform Act (Vic) 2006 • Occupational Health and Safety Act (Vic) 2004 • Workplace Relations Act 1996 (with amendments) (C/w)

  18. LEGISLATION - cont • Workplace Relations Amendment (Work Choices) Act 2005 (C/w) • Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (C/w) • Children Youth and Families Act (Vic) 2005 • Working With Children Act (Vic) 2005 • Child Wellbeing and Safety Act (Vic) 2005

  19. LEGISLATION - cont • Education (Work Experience) Act (Vic) 1997 • Education (Workplace Learning) Act (Vic) 2003

  20. Application of Legislation • Mandatory Reporting Note s182 of Children Youth and Families Act (Vic) 2005 requires doctors, nurses, teachers, principals and police to report S184 requires it on each occasion Failure to report renders you liable to prosecution Note teachers in Catholic schools Under CEOM Policy 2.19, 2.20 you can also be confronted with allegations of misconduct against lay employees

  21. Application of Legislation - cont • Work Experience/ Structured Workplace Learning • Check the Safe at Work and CEAV websites • Be familiar with the general and industry module tests • You must comply with the latest Ministerial Orders (currently 55 and 56) • Be aware of special requirements regarding areas like working with animals and building sites

  22. EMPLOYMENT LAW DUTIES OF EMPLOYERS • To provide work • To pay remuneration • To ensure safety of employees

  23. EMPLOYMENT LAW DUTIES OF EMPLOYEES • To work in a skilful and competent manner • To obey employer’s lawful commands • To provide faithful service • To not act in a manner against employers’ interests

  24. EMPLOYMENT LAW DUTIES OF EMPLOYEES - cont • To account for money and property received • To hand over inventions made during course of employment • To disclose information to the employer • Confidentiality after termination of employment

  25. ETHICAL / PROFESSIONAL • In duties • In relationships • In the school • In the profession • In the wider community

  26. Ethics • Three areas • Descriptive ethics gives a factual description and explanation of moral behaviour • Conceptual ethics looks at the meaning of central terms – eg right, obligation • Normative ethics attempts to formulate and defend basic moral norms • (Beauchamp and Bowie, 2004, Ethical Theory and Business) • Utilitarian approach looks at the good of the outcome

  27. Ethics for Career Development Practitioners • “Professional ethics requires counsellors to place the best interests of the client as their highest priority and to follow all other provisions of the codes of conduct for their profession” (Welfel and Patterson, 2005, The Counseling Process • Familiarise yourself with the Professional Standards for Australian Career Development Practitioners • Discussion Questions Who is your client? How do you implement ethical standards? How would you deal with an ethical dilemma? (Different scenarios)

  28. PRACTICAL STEPS PHYSICAL SETTING • Visibility issues with one to one • Arrangement of furniture comfort vs discretion • Good counselling position – attending • Interruption free phone calls – “have someone with me at the moment”

  29. PRACTICAL STEPS TYPES OF DOCUMENTATION - School / System generated • Legal requirements eg Work experience forms • Good practice requirements • Student records • Advice - objective - eg Course Scan - Watch for don’ts

  30. PRACTICAL STEPS TYPES OF DOCUMENTATION - Student generated • Careers units assignments • Careers portfolios • Work experience test certificates • Work experience journals

  31. PRACTICAL STEPS GIVING INFORMATION • Need to be objective • School needs to be able to demonstrate a system is in place eg publication of information nights in a calendar newsletters scheduled period for AIMs testing etc • Careers counsellor needs to be able to demonstrate a track record of providing on-going up-to-date required information

  32. EXERCISE • Scenario: A UMAT issue

  33. CASE STUDY QUESTIONS How much information would be deemed adequate? What processes could a school use to ensure information is disseminated?

  34. PRACTICAL STEPS LESSONS FROM THE CASE STUDY • Processes in place for disseminating information • Demonstrated conscientiousness and competence • Availability of documentation • Grievance procedure

  35. PRACTICAL STEPS SAMPLE STRATEGIES • Regular column in school newsletter • Regular careers newsletter – imported, own, combination • Event Flyers - eg Big Weekend 2 • Curriculum inclusions

  36. PRACTICAL STEPS RECORDS OF CONTACTS • Appointments diary • Record sheets - objective • Careers reports - commercial

  37. PRACTICAL STEPS STORAGE OF / USE OF RECORDS • Some documents of confidential nature need secure storage eg work experience records • Some documents need to be passed up the line eg MIPS • Material such as student work undertaken as part of a contractual program must be kept for a specified period (eg 12 months, 2 years) for audit purposes eg student work from a registered TAFE program

  38. ISSUES COUNSELLING ISSUES AT SUBJECT SELECTION TIME • The dropping of some subjects - the “irretrievables” – Maths, Sciences, Languages • The lowering of sights - reality vs dreams – strategic counselling • The question of back-up choices to meet timetable issues

  39. ISSUES COUNSELLOR ISSUES AT SUBJECT SELECTION TIME • The importance of skilful personal relations in dealing with empire builders - work with HODs • Keeping your own subject field separate - formal presentations to students - who does what?

  40. ISSUES THE PROFILE OF CAREERS IN THE SCHOOL Some thoughts • The ideal Target – equiv 1.0 FT per 500 senior school • The reality An allotted number of periods • Seek to raise the profile through how you do your job eg the way you write for a newsletter, addressing parents

  41. ISSUES STRATEGIES FOR ADMINISTRATION • Review current processes • Review job descriptions • Audit resources • Review staffing allocation single/multi – personnel roles

  42. CONCLUDING REMARKS At the end of the day no one individual can do it all. The important thing in schools is to demonstrate professionalism and competence in what you can do. Proper process is good practice and will “keep you out of court”.

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