Treasury Managed Fund

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Treasury Managed Fund

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1. Student Volunteering and Service Learning LEGAL AND INSURANCE ISSUES April 2009

2. Duty of Care Courts hold DET to a very high standard –content of the duty depends on age, maturity and any relevant individual characteristics of the student DET personnel are required to take reasonable steps to protect students from risks that are reasonably foreseeable Duty of care is not an absolute guarantee of safety Duty of care is generally not being met if no action is taken to assess and manage potential risks

3. How can you tell what was reasonable or foreseeable in the circumstances? What would a reasonable person do? Was the risk foreseeable or was it far-fetched or fanciful?

4. What should staff do? Don’t ignore potential hazards - assess risks and take firm, positive action to safeguard students; Act in accordance with DET’s policies and procedures; Document actions taken

5. Principle of Vicarious Liability Common law principle – unless acting with serious and wilful misconduct, staff are not personally liable for injuries to students Employees Liability Act, 1991 – reinforces this principle in relation to negligent acts and omissions of staff again provided there is no serious and wilful misconduct on part of staff

6. Occupational Health & Safety Department’s obligation to ensure health, safety and welfare at work of all employees Department’s obligation to ensure that students and visitors to its sites are not exposed to risks to their health and safety

7. Risk Management Risk management is recognised as an integral part of good management practice by the systematic application of management policies, procedures and practices to the tasks of: identification analysis assessment treatment and monitoring of risk.

8. Self Insurance The TMF (Treasury Managed Funds) scheme is a form of self insurance which allows public sector agencies direct control and involvement in the funds allocated to cover losses arising from insurable risks.

9. Employer Indemnity The Department indemnifies host organisations for any amount they may be legally liable to pay for injury to students who are injured whilst working as volunteers, up to $20,000,000 provided that: any claim is immediately notified to the relevant school the Department has full conduct of the claim the host organisation co-operates fully with the Department and any legal services provider acting for the Department the host organisation complies with OH&S legislation the injury does not stem from a lack of instruction or supervision by the host organisation.

10. Public Liability Indemnity The Department indemnifies host organisations for any amount they may be legally liable to pay for property damage or personal injury to third parties caused by students working as volunteers, up to $20,000,000 provided that: any claim is immediately notified to the relevant school the Department has full conduct of the claim the host organisation co-operates fully with the Department and any legal services provider acting for the Department and the damage or injury does not stem from a lack of instruction or supervision by the host organisation.

11. Damage to Employer’s Property The Department will compensate host organisations to the full extent of any damage caused by students to the host organisation’s property or property in their physical or legal control, up to $200,000 per incident provided that: any claim is immediately notified to the relevant school the host organisation co-operates fully with the Department and any legal services provider acting for the Department and the injury does not stem from a lack of instruction or supervision by the host organisation.

12. Compensation to Students Students participating in Student Volunteering activities must not receive wages or payments. Subject to certain conditions, the Department may compensate injured students under its voluntary workers insurance arrangement. The cover provides compensation for any ‘out of pocket’ expenses.

13. Contacts Legal : Legal Services Directorate Department of Education and Training Levels 5 & 7, 35 Bridge Street SYDNEY NSW 2000 Ph: (02) 9561 8538 Facsimile: (02) 9561 8543 Email: [email protected] Website: http://detwww.nsw.edu.au/directorates/leglserv/ Insurance : Administration Policy Department of Education and Training Level 1, Bridge Street, SYDNEY NSW 2000 Ph : (02) 9561 8641 Facsimile : (02) 9561 8881 Website: http://detwww.det.nsw.edu.au/directorates/admiserv/manafund/insurance

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