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
THE IMPORTANCE OF GOOD PRACTICE WHEN GIVING ADVICE IN SCHOOLS
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.
can be used in court
minister under the act
What constitutes “good practice”?
What constitutes “advice”?
- the student – counsellor relationship
- mandatory reporting
- counselling records, work experience, swl, wpl
- 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.
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
DUTIES OF EMPLOYERS
DUTIES OF EMPLOYEES
DUTIES OF EMPLOYEES - cont
(Welfel and Patterson, 2005, The Counseling Process
Who is your client?
How do you implement ethical standards?
How would you deal with an ethical dilemma? (Different scenarios)
issues with one to one
comfort vs discretion
phone calls – “have someone with me at the moment”
TYPES OF DOCUMENTATION
- School / System generated
eg Work experience forms
TYPES OF DOCUMENTATION
- Student generated
eg publication of information nights in a calendar
scheduled period for AIMs testing etc
A UMAT issue
How much information would be deemed
What processes could a school use to
ensure information is disseminated?
LESSONS FROM THE CASE STUDY
RECORDS OF CONTACTS
STORAGE OF / USE OF RECORDS
eg work experience records
12 months, 2 years) for audit purposes
eg student work from a registered TAFE program
COUNSELLING ISSUES AT SUBJECT
- the “irretrievables” – Maths, Sciences, Languages
- reality vs dreams – strategic counselling
COUNSELLOR ISSUES AT SUBJECT
- work with HODs
- formal presentations to students - who does what?
THE PROFILE OF CAREERS IN THE
Target – equiv 1.0 FT per 500 senior school
An allotted number of periods
eg the way you write for a newsletter, addressing parents
STRATEGIES FOR ADMINISTRATION
single/multi – personnel roles
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”.