School

Contributed by Anna Copeland, Alexa Morcombe, Stephen Walker and Judith Kenny and current to 1 September 2005

SCHOOL ATTENDANCE

It is compulsory for a child of ‘compulsory school age’ to be enrolled at and attend the relevant primary or secondary school in their area. ‘Compulsory school age’ means from the beginning of the years in which the child turns 6 years and 6 months to the end of the school year in which the child turns 15. For children enrolled after 2011, it means up until the end of the year they turn 15 years and 6 months.

The compulsory requirement is also satisfied if the parents or guardians cause their child to attend a non-government school in the area of their choice, provided that the school has been registered under the School Education Act 1999 (WA).

The School Education Act allows for exceptions where:

• a student is ill or incapacitated;
• an arrangement has been made with the school’s principal and the student’s parent under section 24;
• there exists reasonable cause as set out under section 25;
• non-attendance is on a day recognised as having religious or cultural significance to the student or their parents pursuant to section 30 and 31;
• an exemption has been obtained from the Minister for Education under section 11;
• the student is under regular and efficient instruction at home, so long as the home educator is the child’s parent and has been registered under the Act.

If a student is often away from school in the absence of any of the above reasons, they can be referred to the School Attendance Panel. This panel will enquire into why the student does not attend school and then give advice or assistance. If this assistance is not followed and the student continues not to attend school then they or their parent can be prosecuted and fined.

TEACHERS

Parents are compulsorily required to release a child of school age into the care of a teacher during the time when the teacher is in the course of carrying out his or her duties.

A teacher’s duties to his or her pupils are subject to the School Education Act and school’s regulations, and to the principles of common law. Teachers are entitled to use such authority as will enable them to carry out their necessary duties. Under the School Education Regulations, teachers are not allowed to use corporal punishment; however, they are allowed to physically restrain a student if they are putting themselves, anyone else or any property at risk.

PUNISHMENT

A teacher may take reasonable steps to ensure that a student at the school behaves in an orderly and disciplined manner. Regulation 40 of the School Education Regulations states that the principal of the school may determine the ways in which the students at that school will be disciplined for breaches of school discipline; however, as noted above, corporal punishment is not allowed at government schools.

A teacher may detain a child after school hours, but they must also try to contact the parent or person responsible for the student and make sure arrangements are in place for the student to get home. If they are unable to contact that person, they cannot detain the student for more than half an hour.

The principal of a school may suspend a child from attendance at that school for a period of 5 days, or 10 days for a serious breach of school discipline. The principal can also suspend the student for ten days following a recommendation to the Chief Executive Officer of the Education Department for a further suspension. In this case, the principal must notify the student and their parents that the recommendation has been made. The Chief Executive Officer can make and order suspending the student for an indefinite time but is required by the School Education Act to also consider making an order concerning the educational instruction the student will get during that time.

ACCIDENTS

A teacher may be liable for negligence where a pupil is injured in an accident while under his or her supervision. The responsibility of the teacher to prevent accidents happening to pupils is similar to that of a careful parent, that is, the likelihood of danger arising should be assessed and precautions taken. To succeed in a case against a teacher, the plaintiff (the person claiming damages) would need to prove that:

• the teacher owed a duty of care to them;
• he or she had committed a breach of that duty by not acting in accordance with the standards of a reasonable person in the circumstances;
• the accident was caused by the teacher’s breach; and
• as a consequence, the plaintiff has suffered injury or loss.

It is likely that, in the case of a teacher being found to be negligent, the teacher’s employer would be vicariously liable, which means that the Education Department or the private school involved should be joined as a party in any action in the event of a claim.

SUPERVISION

A school’s responsibility is sometimes very great, especially in situations such as where chemistry experiments are being carried out or pupils are being taken swimming or on excursions. A school would not normally be liable when there is adequate supervision, that is, dangers are understood and anticipated and reasonable precautions taken. Supervision must be adequate at all times when a child is under the control of a school.

It is obviously impossible for a school to personally supervise each child in a playground or classroom. In assessing whether there has been adequate supervision in a negligence claim against a school, a court would consider the number of children in the area, the number of teachers assigned to those children and their diligence in patrolling the area.

TRUANCY

Any child of ‘compulsory school age’ who absents him or herself from school without a valid excuse is guilty of the offence of truancy. Any school attendance officer observing the child who appears to be of compulsory school age in a public place during normal school hours may stop and question the child to obtain the following information:

• the child’s name and address;
• his or her age; and
• the name of the school where the child is enrolled

Similarly, any police officer or authorized Department of Family and Children’s Services officer may, without a warrant, apprehend the child who is reasonably suspected of being a truant and return him or her home.

A child who is persistently truant can also be referred to the School Attendance Panel. Only after this has happened and a certificate has been issued stating that “all reasonably practicable steps have been taken” to get the child to attend school and they continue to be truant, can they be dealt with through the juvenile justice system. This means they can be referred to the Juvenile Justice Teams or they can be prosecuted in the Children’s Court.

Truancy is an offence for which a Children’s Court may place a child on probation for such a period as the Court fixes, not extending beyond the child’s attainment of leaving age; and if the child is a habitual truant, the Court can, on the hearing of the complaint against the parent, make an order committing the child to the care of the Department of Family and Children’s Services for up to six months. However, the provisions allowing the habitual truant to be committed to the care of the Department will be repealed by the Children and Community Services Act 2004 (WA).