Villa Musica VCE - Duty of Care Policy

Duty of care

Villa Musica staff members have a legal duty to the Villa Musica students in their care. This duty of care required Villa Musica staff to

·       Take positive steps towards maintaining mental and physical health and safety

·       protect Villa Musica students in their charge from risks of injury that are reasonably foreseeable

·       adequately supervise Villa Musica students

·       assist Villa Musica students who may be injured or unwell

Standard of Care

Villa Musica staff members are held to a high standard of care in relation to Villa Musica students and to each other. The Villa Musica team’s first duty of care is to the Villa Musica students in their care. This duty requires Villa Musica to take or reasonable steps to reduce risk, including:

·       Provision of suitable and safe premises

·       Provision of an adequate system of supervision.

·       Insuring that medical assistance is provided to a sick or injured student or participant.

·       Implementation of strategies to prevent bullying and psychological harm.

Whilst each case regarding a staff member’s, legal duty of care will be judged on the circumstances that occurred at the time, the following common examples may be times when a staff member has failed to meet their legal duty of care responsibilities:

·       Ignoring dangerous behaviour

·       Failing to act appropriately to protect a student who reports being bullied

·       Believing that a child is being harmed, but failing to adhere to mandatory reporting obligations, where required by Victorian law (see Child Protection Policy).

·       Physically or psychologically harming a student

Negligent Advice

Villa Musica staff are also cautioned against giving advice on matters that they are not professionally competent to give (negligent advice).

Concerts at External Venues and Excursions

Villa Musica will take reasonable steps to protect Villa Musica students from risk while outside the VCE classes in the following ways:

·       Contact details for all participating Villa Musica students are accessible at each external event or concert

·       Villa Musica staff have access to parent details and will contact parents in an emergency

·       It is Villa Musica policy for attendance roles to be taken on and off transport at other times on a regular basis, if participating in engagements that include transport

Social interaction

Villa Musica staff must maintain professional teacher/student relationships with Villa Musica students at all times. This includes face-to-face, electronic or phone contact being entirely limited to classes and the activities for which they are employed.

Social Functions

It is not appropriate for Villa Musica staff members to socialise with Villa Musica students. Staff members should not accept invitations to Villa Musica student’s social functions. This applies to organised social functions (birthday parties etc) and to casual social events (coffee catch ups etc). Where a prior social relationship exists between a Villa Musica staff member and Villa Musica participants family, this rule does not apply but appropriate discretion is required.

Communications

It is inappropriate for a Villa Musica staff member to communicate with a Villa Musica student by phone, text or via an social networking apps other than is required in the execution of their duties as a staff member. Villa Musica’s policy relating to social networking is covered in our Social Media Policy and Child Safe Code of Conduct

Transport

Villa Musica staff must not offer or provide transport to Villa Musica VCE students.

Parents access to Villa Musica students parents have a responsibility to provide Villa Musica with copies of any court orders that impact on the relationship between the family and Villa Musica. Further detail is required. It’s a court order affects who can collect their child from rehearsals and events. Villa Musica, families are informed of this, and asked for any legal documentation, as stipulated in the Conditions of Enrolment, which are re-distributed with re-enrolment each year.

Villa Musica staff members are made aware of these requirements and will make every effort to comply with the court order but will not in danger the welfare of any staff member or student. Villa Musica will adhere to the court order until the new order is provided. It will be assumed that both parents and guardians will have access to pick up their child, unless Villa Musica is notified in writing of limited access or child custody cases.

Health and medical matters

Many Villa Musica students have predetermined, illnesses, including mental and physical health considerations. Some health matters like asthma, anaphylaxis, or epilepsy, may require a medical action plan (MAP), in case emergency. Parents of Villa Musica students are required to submit an MAP, provided by their doctor in the case of severe rated conditions and when specific equipment is needed, outlining this child’s special needs if applicable. Villa Musica staff members have a responsibility to accommodate these medical needs where possible. Further detail is provided in our Health Care Policy. If required, Villa Musica will implement preventative measures where possible. For example, it may distribute a notice to parents in instances of infectious diseases like headlice or chickenpox. Please note that consent will not be sought for this communication.

Reporting Incidents

For record keeping purposes and follow up after an incident, it is important that the details of accidents, safety concerns, injury or illness are reported using Villa Musica’s Incident Report Form.