You must refer to the Requirements for All Sport and Physical Activity to understand your overall compliance responsibilities. The information below is additional only.
The following does not apply to accidents or injuries involving staff. Principals should continue comply with relevant policy and procedures relating to workers compensation in relation to staff members.
While teachers may not be legally liable in school injury cases, any negligent act may lead to investigations by the Department of Education into their conduct and (or) performance which can lead to serious disciplinary actions.
Staff are not to comment or give opinion about responsibility or liability for any accident or injury that occurs on a Department site or during a Department activity. Staff members should defer any questions or concerns about the responsibility or liability of an incident to the school Principal.
Apologies may be offered in respect of an accident and are not an admission of liability. Any decision regarding an apology is the responsibility of the Principal.
If a person, such as a parent, expresses their intent to make a claim against the school or department in relation to any injury or accident, staff should refrain from comment or opinion and refer this to the Principal. Principals can contact the Legal Services Directorate at the Department for advice in relation to potential claims.
Principals will coordinate the preparation of accident reports for any accident that occurs on Department premises or during Department activities, unless the accident is trivial. A common sense approach is used to determine if accidents are trivial. Staff may be asked to assist in preparing accident reports or additional documentation.
Statement obtained from witnesses fall under the provisions of the Privacy and Personal Information Protection Act 1988. People making statements should be aware that statements may be used by the Department in assessment of claims or in defence of legal proceedings.
The Department does not automatically cover students injured during school activities, and in some situations a venue or sports program may hold separate insurance that covers students. Staff should not make comment or express opinions about insurance cover for any student or participant in Department activities. Any questions about insurance should be referred to the Principal.