Question 5: Tim Wong's Lecture Flashcards
Define bullying
Bullying is an ongoing/repeated and deliberate misuse of power in relationships through repeated verbal, physical and/or social behaviour that intends to cause physical, social and/or psychological harm. Bullying can happen in person or online and can be obvious (overt) or hidden (covert).
What are some resources you can access as a teacher to teach students about bullying?
Effective to take a whole school approach
RULER – a systemic approach to Social Emotional Learning
UR Strong
What are some resources for parents?
Student wellbeing hub website
What are teacher’s obligations to do with bullying?
Documenting everything
The duty of care has been tested a number of times in bullying cases. The school owes each student a duty not to allow the student to be bullied – either physically or emotionally. This includes cyber bullying.
Name a case example describing bullying
Haines v Warren Court of Appeal (1986)
Give the background of the Haines v Warren Court of Appeal (1986) case
- 15 year old male student, known to be a bully
- During recess, picked up plaintiff (15 year old female student) and dropped her on a block of concrete. She fell on the base of her spine and received severe back injuries.
- No teacher was rostered to cover the immediate area where the incident happened
- Male student had acted aggressively towards others on previous occasions in the school grounds but this was never officially reported.
o Can’t determine if it is bullying if there is no documentation of it occurring previously - The trial judge held that the failure of the school to take action against the bully would probably have left him (the bully) with the belief that his behaviour was acceptable
o Also held that it was the school’s responsibility to ensure that adequate systems of supervision were put in place to prevent such incidents occurring
Describe the legal issues of the Haines v Warren Court of Appeal (1986) case
- Plaintiff won awarded $250,000 in damages
- NSW department of education appealed on grounds
o That the school had not failed its duty of care - Aggressive behaviour of bully was too minor to report
- Area so small it did not need supervising
- Insufficient to conclude any causal connection with the bully’s actions
- Damages were excessive
- The task of the Court of Appeal to determine whether the trial judge had erred in deciding that there was a breach of the duty of care owed to the plaintiff and that the breach was a cause of the injuries she received
- The Court of Appeal held that the appeal should be dismissed
o It was the duty of the school ‘to take reasonable care to obviate risks of injury which are reasonably foreseeable’
What could have prevented this case from occurring?
- Teachers making records of previous bullying incidences
- Having a teaching roaming the area on duty
Define mandatory reporting
Mandatory reporters must report a belief, formed on reasonable grounds in the course of their work, paid or unpaid, that a child or young person has been the subject of sexual abuse or is the subject of ongoing sexual abuse, to the Department. Reporters do not need to have proof that a child or young person is being abused. Mandatory reporters are to report child sexual abuse to the Chief Executive Officer (CEO) of the Department for Child Protection, or to other persons approved by the CEO.
Who are mandatory reporters?
Teachers, doctors, nurses, midwives, police and boarding supervisors, ministers of religion and TAFE lecturers with future staged implementation of Mandatory Reporters.
What happens when you don’t report?
Legally obliged to report certain beliefs about Child Sexual Abuse formed in the course of their work. Maximum penalty for failing to do so it $6,000.
Name and describe a case who didn’t report sexual assault
- Webb v Tang (2021) – Trip in Japan. A group of students held down the plaintiff and penetrated his anus with a carrot. Plaintiff told the teacher and the teacher failed to report. Ultimately reported by the Acting Headmaster later that year. Teacher was charged and convicted.
- An appeal from the conviction of a teacher for failing to report that a child had been the subject of sexual abuse.
What is the Australian Students Wellbeing Framework?
The Australian student Wellbeing Framework supports Australian schools to provide every student with the strongest foundation possible for them to reach their aspirations in learning and in life.
Promote student wellbeing, safety and positive relationships so that students can reach their full potential.
Based on evidence that demonstrates the strong association between safety, wellbeing and learning.
What are the 5 principles and practices of the Australian Students Wellbeing Framework?
- Leadership - Visible leadership to inspire positive school communities
* Principals and school leaders play an active role in building a positive learning environment where the whole school community feels included, connected, safe and respected. - Inclusion - Inclusive and connected school culture
* All members of the school community are active participants in building a welcoming school culture that values diversity, and fosters positive, respectful relationships. - Student voice - Authentic student participation
* Students are active participants in their own learning and wellbeing, feel connected and use their social and emotional skills to be respectful, resilient and safe. - Partnerships - Effective family and community partnerships
* Families and communities collaborate as partners with the school to support student learning, safety and wellbeing. - Support - Wellbeing and support for positive behaviour
* School staff, students and families share and cultivate an understanding of wellbeing and positive behaviour and how this supports effective teaching and learning.
