Keeping out of court
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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

KEEPING OUT OF COURT

THE IMPORTANCE OF GOOD PRACTICE WHEN GIVING ADVICE IN SCHOOLS

David Bruce


Keeping out of court

  • 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


Disclaimer

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.


Certificate iv in career development

Certificate IV in Career Development

  • CHCCS301A (compulsory module)

  • Work within a legal and ethical framework


Some legal terminology

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


Legal terminology cont

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


Keeping out of court

What constitutes “good practice”?


Keeping out of court

  • What constitutes “bad practice”?

  • Where does “bad practice” become a liability?

  • How do I keep out of court?


Keeping out of court

What constitutes “advice”?


Keeping out of court

  • 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)


Keeping out of court

  • A few investment advisers have adopted dubious practices

  • What of career development practitioners?


Keeping out of court

  • Where do the parallels between investment advisers and career development practitioners break down?

  • What are the differences?


Three areas

THREE AREAS

  • CONDUCT OF DUTIES

    - professionalism

  • RELATING TO STUDENTS

    - the student – counsellor relationship

    - mandatory reporting

  • DOCUMENTATION PRACTICES

    - counselling records, work experience, swl, wpl


Three dimensions

THREE DIMENSIONS

  • LEGAL

  • ETHICAL / PROFESSIONAL

  • COMMONSENSE / PRACTICAL


Select sources of law

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.


Introduction to aspects of law

INTRODUCTION TO ASPECTS OF LAW

  • LEGISLATION

  • DUTY OF CARE

  • NEGLIGENCE

  • EMPLOYMENT LAW


Legislation

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)


Legislation cont

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


Legislation cont1

LEGISLATION - cont

  • Education (Work Experience) Act (Vic) 1997

  • Education (Workplace Learning) Act (Vic) 2003


Application of legislation

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


Application of legislation cont

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


Employment law

EMPLOYMENT LAW

DUTIES OF EMPLOYERS

  • To provide work

  • To pay remuneration

  • To ensure safety of employees


Employment law1

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


Employment law2

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


Ethical professional

ETHICAL / PROFESSIONAL

  • In duties

  • In relationships

  • In the school

  • In the profession

  • In the wider community


Ethics

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


Ethics for career development practitioners

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)


Practical steps

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”


Practical steps1

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


Practical steps2

PRACTICAL STEPS

TYPES OF DOCUMENTATION

- Student generated

  • Careers units assignments

  • Careers portfolios

  • Work experience test certificates

  • Work experience journals


Practical steps3

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


Exercise

EXERCISE

  • Scenario:

    A UMAT issue


Case study

CASE STUDY

QUESTIONS

How much information would be deemed

adequate?

What processes could a school use to

ensure information is disseminated?


Practical steps4

PRACTICAL STEPS

LESSONS FROM THE CASE STUDY

  • Processes in place for disseminating information

  • Demonstrated conscientiousness and competence

  • Availability of documentation

  • Grievance procedure


Practical steps5

PRACTICAL STEPS

SAMPLE STRATEGIES

  • Regular column in school newsletter

  • Regular careers newsletter – imported, own, combination

  • Event Flyers - eg Big Weekend 2

  • Curriculum inclusions


Practical steps6

PRACTICAL STEPS

RECORDS OF CONTACTS

  • Appointments diary

  • Record sheets - objective

  • Careers reports - commercial


Practical steps7

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


Issues

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


Issues1

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?


Issues2

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


Issues3

ISSUES

STRATEGIES FOR ADMINISTRATION

  • Review current processes

  • Review job descriptions

  • Audit resources

  • Review staffing allocation

    single/multi – personnel roles


Concluding remarks

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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