Transcript Education Outside the Classroom

Education Outside
the Classroom
Auckland Primary Principals’
Association
3 March 2004
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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EOTC - Liability issues
Cathye Haddock
Senior Adviser
Ministry of Education
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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The question of liability
• The “Le Race” Conviction
• Panic waves around the recreation, sport and
education sectors
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Implications of “Le Race”
• Are school principals more susceptible to prosecution
now?
• The judge said
“… no reason to suggest people involved in
organising events have cause for alarm due to
this case”
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Le Race
• Commercial venture
• Judge said
– series of flawed decisions
– race organiser had duty as person in charge of
dangerous thing
– to take reasonable pre-cautions and
reasonable care
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Relevant legislation where
liability can arise
• The Health and Safety in Employment Act 1992
• The Crimes Act 1961
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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New Legislation
• HASE Amendment Act 2003
• Crown Organisations (Criminal Liability) Act 2003
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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What and Why?
• HASE Amendment Act
– codifies OSH case law
– prohibits offering or providing indemnity for
fines and infringement fees
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Therefore
• The Ministry is prohibited to offer or provide
indemnity to principals, boards or board members
• The Health and Safety Code of Practice has been updated accordingly
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Crown Orgs
(Criminal Liability) Act
– came about in response to Judge Noble’s report on
the Cave Creek tragedy
– enables crown organisations to be prosecuted for
offences under HASE and Building Acts
– lifts corporate veil protection
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Incidents
• Does a death or serious injury in an EOTC event
automatically invoke a prosecution?
• No
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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OSH enforcement policy states
• there must be a clear breach of duty
• practicable steps are known to the person
• these steps are not taken
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Negligence requires
• that a duty of care is owed
• that the person failed to take all reasonable steps
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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EOTC Incident File
1998 - Nine year old boy drowned in swimming hole
whilst on a school camp in Henderson.
2000 - 11 year old boy seriously injured when hit by a
4WD during a cross country run near Ohakune.
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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EOTC Incident File
2000 - 2 boys (14yrs and 15yrs) drowned during a
school trip to a swimming hole near Waimate.
2000 - 2 boys (11 years) drowned in a swimming hole
on an outdoor education camp near Thames.
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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EOTC Incident File
2001 – boy died as result of injuries received from fall
during school ski trip to Turoa Ski Field.
2001 - Two girls (11 - 13yrs) drowned during a canadian
canoeing outdoor education activity in the Clarence
River near Hanmer.
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Lessons Learned
• inexperience of supervisors
• ratios inappropriate
• inadequate supervision
• risk analysis inadequate
• lack of sequential programme
• lack of sound educational objectives
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Best protection
• Take all reasonable practicable steps
– this does not mean all possible steps
• Follow relevant guidelines such as Safety and EOTC
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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More info about liability
• Liability FAQs
www.tki.org.nz/e/community/eotc
• Education Gazette 23 February 2004 “Managing the
risk, enjoying the experience”
• NZPF legal opinion (available from [email protected]
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Challenges
• … for schools managing the risks to students
• and staff in EOTC
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Metaphor
of the ocean voyage
- Acknowledgement:
Rick Curtis, www.outdoored.com
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Challenges
• supporting students and staff is a huge task
• involving many different players inside and outside
the school (staff, students parents, outdoor
providers,)
• often hard to make sure all jobs get done and done
well
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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The Challenge
• Is to provide a robust framework to
manage risks
• to support students and staff
• that can weather some storms
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Ocean voyage metaphor
• Is to provide a robust framework to
manage risks
• to support students and staff
• that can weather some storms
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Ocean voyage metaphor
The challenge is to:
• Design a boat that is correct for
your school and the activities
you do.
• Build the boat to the best of your ability - consult
experts.
• Select and train a crew for the voyage.
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Cont’d
• Send the voyage out
– support it from shore
– bring safely back into harbour
• Evaluate the performance of both boat
and crew
• make necessary changes for the next voyage
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Building the boat
• Lay the keel or foundation
– define the goals of the programme
• Add the cross frames
– define the activities and practices to
be used to accomplish goals
• Add the planks
– build the policies and procedures
necessary to operate effectively and
appoint competent staff
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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All boats leak
• A fundamental fact of all boats and programmes
• all sorts of wild cards (unpredictables) can be thrown
at the boat
• Some may cause it to leak or take on water
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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If the boat leaks
4 Options:
• Plug the leak – identify the problem and solve it
• Pump or bail the water out – minimise the risks to a reasonable level
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Storms
• Head back to port – get out of the bad situation that your
boat/crew/students are not prepared for
• Sink – if the boat goes down,
can the crew rescue the
passengers and themselves?
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Help available
… to assist schools with EOTC safety
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Safety and EOTC
PD to support Safety and EOTC
EOTC professional bodies
Local experts
School Support Services
Principal cluster groups
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Aims of Safety and EOTC
• Reduce the proliferation of documents schools have
to refer to – one stop shop
• Clearly outline legal and best practice requirements
for schools
• Provide practical safety management tools
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Professional Development
Two workshops, a school term apart, are being offered
to all New Zealand Schools
Phase 1: July 2003 – June 2004
Phase 2: July 2004 – June 2005
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Professional Development for
Who?
• The Principal
• A Board of Trustees Representative
• The EOTC Co-ordinator
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Issue/Concern
Low ‘strike rate’ for BOT representation
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Attendance / satisfaction
• 635 schools attended first round (2003)
• 75% of schools invited
• 97% participants satisfied (especially with attention to
health and safety standards)
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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New Learning and Affirmations
“Still confident in my ability and ‘desire’ to run school
camps.”
“Clearer understanding of legal obligations.”
“I need to tighten up procedure and policy.”
“Our school does a lot right but docs need to be
improved on.”
“That it is still okay to have great EOTC
experiences.”
Presentation to the Auckland Primary principals’ Association by Cathye Haddock, Ministry of Education, March 2004
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Issues and Developments
• Principal liability since “Le Race” case
• Cross-sector initiatives/collaboration, eg,
– National Incident Database
– Update Outdoor Pursuits - Guidelines for
Educators
– Launch of OutdoorsMark, quality assurance
scheme
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EOTC Reference Group
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NZ Principals’ Federation
NZ School Trustees’ Association
Secondary Principals’ Assn NZ
Outdoors NZ
Education Outdoors NZ
NZ Mountain Safety Council
Water Safety NZ
Te Runanganui o Nga Kura Kaupapa Maori o
Aotearoa
• Independent experts
• Ministry of Education
• School Support Services
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Resources
• www.tki.org.nz/e/community/eotc
– FAQs, resources, links
• www.safeoutside.org
• www.eonz.org.nz
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