Duty of Care Policy

Preamble

This Duty of Care Policy is part of a suite of policies and is supported by two other Policy documents contained in the Australian Air League Inc. Manual, Section 1, Paragraphs 9 and 11.

• Code of Conduct Policy and
• Child Protection Policy

1. All members of the Australian Air League Inc. are required to understand that we all have a Duty of Care and Responsibilities to each other.
2. The Australian Air League Inc. has a Duty of Care to all members and their parents/guardians to provide a safe environment that protects members to the best of its ability from physical or emotional harm.
   1. All Officers of the League are accountable to exercise this duty on behalf of the League at all times.
   2. The authorised person in charge (an Officer who has been issued with an Officer Warrant) of any activity shall exercise the Duty of Care on behalf of the League and parents/guardians.
3. RIGHTS AND RESPONSIBILITIES.
   1. CADETS RIGHTS:
      1. Cadets of the Australian Air League Inc. have the right to:
         • be safe;
         • be listened to;
         • be respected;
         • privacy;
         • take calculated risks in a protected setting;
         • an inclusive environment;
         • be referred to appropriate professional help if needed;
         • be protected from abuse by other Cadets.
   2. CADETS RESPONSIBILITIES:
      1. Cadets of the Australian Air League Inc. are responsible for:
         • showing respect to other Cadets;
         • keeping themselves safe;
         • accurately, and in a appropriate timeframe, reporting inappropriate behaviour or at risk situations for Cadets.
   3. ADULT MEMBERS RIGHTS:
      1. Adult Members of the Australian Air League Inc. have the right to:
         • ongoing training and information on all aspects of child protection;
         • support in the reporting of suspicions of child abuse;
         • access to support agencies;
         • fair and equitable treatment from the League;
         • be protected from abuse by Cadets;
         • be protected from abuse by other adult members and parents/guardians.
   4. ADULT MEMBERS RESPONSIBILITIES
      1. Adult Members (and Officers in particular) of Australian Air League Inc. are responsible for:
         • Attend, and satisfactorily complete, training courses so that they are competent to carry out their role as Officers.
         • Know, and adhere to, the League’s policies and rules
         • working as a team to ensure the safety of Cadets in their care;
           • If a member is injured whether it is at the Squadron meeting place or elsewhere on approved activity, then medical treatment is immediately obtained. Remember when the parent signed the Form 20 on joining, and the Form 17a for the activity, permission was given to do this in case of injury.
           • In case of an unfortunate accident record what happened, where, time, date, witnesses. Make an official report through the chain of command. Refer to the League’s Accident and Incident Policy.
         • Ensuring cadets earn badges and that badges are not just given. Remember the skills and knowledge required to achieve the badge may be required in real life.
         • using appropriate youth behaviour management;
         • believing and responding to Cadets' statements concerning alleged abuse;
         • ensuring the rights and responsibilities of Cadets are enforced;
         • reporting suspicions of child abuse to the Group Executive Commissioner, or Senior Officer or to the Chief Commissioner;
         • not abusing Cadets physically, emotionally or sexually;
         • only disclosing sensitive information to appropriate authorities and/or designated internal personnel, on a 'need to know' basis.
   5. THE AUSTRALIAN AIR LEAGUE’S RIGHTS
      1. The Australian Air League Inc. has the right to:
         • expect all Adult Members to comply with its Code of Conduct;
         • expect all Cadets to keep within the bounds of general community standards of reasonable behaviour;
         • take appropriate action if Members contravene its Code of Conduct;
         • expect all adult members to undertake issues management training as and when advised to;
         • expect that its Officers will not abuse Cadets physically, emotionally or sexually;
         • take appropriate action in the event of malicious accusations;
   6. THE AUSTRALIAN AIR LEAGUE’S RESPONSIBILITIES
      1. The Australian Air League Inc. is responsible for:
         • arranging adequate training courses so that Officers may gain knowledge or be informed where that knowledge can be obtained
         • providing maximum safety to Cadets; insisting on all Adult Officers undertaking ongoing training;
         • widely promoting this policy to Members and the community at large;
         • ensuring that all members of the League be they Youth, Officers or Associate Members are protected for any injury or damage, for which they may be negligent. The League has in force a Public Liability Policy for $20,000,000 for this purpose.
           • The League has ensured that its members are protected in the event of an accident in which they may be deemed to have been responsible. It is the Members’ responsibility to ensure that they adequately acquire the knowledge, or obtain the services of those who do, so that our Cadets enjoy attractive constructive and challenging activities and opportunities.
         • designating an officer to co-ordinate and oversee all aspects of child protection and a Code of Conduct within the League;
         • encouraging open discussion of child protection issues; providing support to members who report suspicions of child abuse; providing appropriate referrals for Members who report suspicions of child abuse;
         • treating information of suspected child abuse with confidentiality and disclosing information only to those who need to know;
         • taking appropriate action if Cadets contravene general community standards of reasonable behaviour;
         • making every effort to identify potential abusers.
4. UNDERSTANDING YOUR DUTY OF CARE
   1. Duty of Care is a common law concept that refers to the responsibility of adult members to provide children and young people with an adequate level of protection against harm. It is usually expressed as a duty to take reasonable care to protect children and young people from all reasonably foreseeable risk of injury. The question of what constitutes reasonable care in any given case will be determined objectively by a court and will depend on the individual circumstances of each case. In their relationships with children and young people, Officers are required to ensure that the physical and emotional welfare of children and young people is safeguarded, and that their own behaviour is guided by this duty of care both within and beyond the education and care setting

      The principles of negligence these days constitute a vast, complex and ever- growing body of law, and there is a widespread tendency in the community at large to resort to these principles. In plain English more people are being taken to the cleaners for less.

      Briefly what are the Officers liabilities in regard to ‘duty of care’ which the law treats as negligence?

      Whilst the legal term is ‘duty of care’, think of it as the ‘standard of safety.’

      The word to remember is REASONABLE. What in the community’s opinion would be reasonable in the situation?

   2. The simplest way to maximize protection is to follow our Policies and Guidelines.
   3. There are four basic areas of negligence (Duty of Care) that could affect Officers.
      1. DUTY OF CARE (Standard of Safety)

         This is the duty to another person which arises out of a person’s relationship with the other person. e.g. Teacher/pupil relationship. A court has held that Duty of Care is inherent in that situation, and that the duty the teacher owed to the pupil was to act in the same way as a good and careful parent would act in the same circumstances. The same could be argued regarding an Officer/youth relationship.

         Age and circumstances would determine the degree of care.

         On an outing to the Beach the amount of supervision and care you give to a group of 12 year old cadets from outback Queensland, on their first visit to the sea, would be quite different if the group were city cadets of the same age who had swimming qualifications. Different supervision applies, to a mixed overnight outing if the boys and girls are about 7 years old compared with 15 year olds. What degree of supervision would be required with a Squadron of 15 year olds with girl members camping near a group of 19-year-old surf lifesavers?

         A Standard of Safety is also owed to members of the public who might reasonably be expected to be affected by things an Officer does or does not do. e.g. our care in the swimming pool when the public are in the pool at the same time as we are, and League members are playing a roughhouse ball game in the pool.

         A similar situation exists at normal Squadron meetings. Where does your responsibility start and end?

         A Duty of Care (negligence) also applies to the actual Squadron meeting place and therefore the necessity to ensure that the meeting place is suitable and safe and that the surrounds are maintained in good condition.

      2. STANDARD OF CARE

         This is a very objective standard, and can simply be expressed as to what a reasonable person, who owed a similar Standard of Safety, would do in the circumstances. The standard of care is always based on the facts of the relevant situation, and can't always be drawn from what happened previously.

         For example no matter what the age, the Officer should insist on life jackets being worn in canoe activities and the 8 year olds would be restricted to being fairly close to shore. However it would be reasonable for the Officer with a group of 15 year olds, who were experienced canoeists, to let them paddle off into the distance but would still insist they wear life jackets.

         Again the amount of supervision is important. A boy was badly injured when, as a result of him swinging on a flagpole halyard the turnbuckle came loose from the top of the flagpole and hit him on the head. The court held there was insufficient supervision in the playground at the time, and that the area where the injury occurred had been left unsupervised.

      3. BREACH OF DUTY

         The breach of this duty can only occur if the consequences of that breach be reasonably foreseeable.

         It is reasonably foreseeable, for instance, that if an Officer does not insist on life jackets being worn then an overturned canoe could result in injury or death. The same could be said for the wearing of safety helmets whilst abseiling. However it would not be seen as foreseeable if a cadet not wearing a safety helmet in a canoe were hit by a piece of metal falling from an aircraft.

         A risk assessment of an activity or event should always be carried out to ensure the safety issues and associated risks are understood. Ensure appropriate steps are taken to minimise those risks and provide a level of safety appropriate to the activity

         If we have people under the age of consent, we have to be much stricter with safety, curfews, chaperoning, and the like.

      4. INJURY OR DAMAGE

         The person must show that there has been some injury or damage to the person or property. Remember a lot of these cases hinge on "emotional" (psychological) damage as well.

         Dealing with health problems is another issue that falls under our Standard of Safety. If it is a problem you haven’t been advised of, then it is reasonable that you treat them to the best of your knowledge. However if you are advised of a particular health problem (say peanut allergy) you should take reasonable steps to ensure that what you are doing doesn’t pose a risk to the person (no peanut products), and that you have sought guidance from the parent/guardian on what they believe you should look for and how to handle a problem if it should arise.

   4. LET’S KEEP THINGS IN PERSPECTIVE.
      1. This may all appear very daunting but the reality of it is that they must prove you are at fault. The League can be sued and because you belong to the League, you could also be sued individually. The League, via its Constitution indemnifies members as follows:

         “The League shall indemnify every member of the Council, Chief Commissioner, or other Office Bearer or servant of the League”.

         This can be costly in terms of time, reputation, and legal fees.

         Negligence is one thing. Gross incompetence or disregard for the rules is something else. No amount of insurance cover can ever protect in the latter circumstance.

         • ASK YOURSELF THESE QUESTIONS FOR EACH ACTIVITY.
         • “Did I take reasonable steps to identify any reasonable risk that might be expected, and minimize the risk of injury or damage?”
         • “Are reasonable steps in place to identify and assess the risk of injury or damage and follow-up actions to minimize that risk?”
         • WHY TAKE UNNECESSARY RISKS?
         • USE OUR POLICIES AND GUIDELINES
         • FULLY INFORM PARENTS SO THEY CAN GIVE INFORMED CONSENT
   5. Officers, in meeting their Duty of Care, are required to ensure that health care needs of Cadets are managed in order to control risk and minimise harms.
      • Where Cadets have short or long-term health care requirements which may impact on their involvement in League activities, Officers are expected to meet their Duty of Care by undertaking a health care planning process.
      • Negotiation of a health care plan for Cadets will respect the personal safety, dignity and right to confidentiality of Cadets and care givers and reflect the informed consent of all participants.
      • Adult Officers are obliged to render first aid and emergency assistance to Cadets consistent with their level of training. ln every instance, first aid emergency assistance is a strategy to support the health and safety of young people while awaiting professional medical assistance.
      • Parents/Guardians, and their medical practitioners, should be encouraged to minimise the medication treatment required during League activities.
      • Officers are obliged to enable Cadets to receive ongoing medical care during League activities. Officers are not obliged to provide ongoing or invasive medical care. Nor are Officers required to provide or maintain health-related equipment. In every case, responsibilities for the provision of ongoing health care should be clearly documented.
      • Cadets should be encouraged to take responsibility, commensurate with their age and stage of development, for administering their own medication treatment in non-emergency situations.
        • There are times where League personnel are in control of members' medication (i.e. camps; day outings etc.) and are required to ensure that a member takes their medication as required. When providing a member with their medication it is essential to check the member's name is on the medication and date and time medication is to be administered and the method of administration.
        • Whilst League personnel are required to ensure a member takes their medication, League personnel must not at any time administer medication to members.
5. PROFESSIONAL BOUNDARIES
   1. We rely on the fostering of positive relationships between adults and children and young people and the League is a place where all Officer and adult members can have significant influence in the lives of children and young people.

      It is extremely important that Officers understand how to foster positive relationships in ways that do not compromise children and young people’s welfare.

      When Officers are participating in all Australian air League activities, they are expected to respect professional boundaries with all the children and young people involved in those activities.

      1. The following examples will assist Officers in establishing and maintaining expected boundaries. This list is not exhaustive.

Boundary	Example of Violation
Communication	Inappropriate comments about a child/young person’s appearance, including excessive flattering comments Inappropriate conversation or enquiries of a sexual nature (e.g. questions about a child or young person’s sexuality or his/her sexual relationship with others) Disrespectful or discriminatory treatment of, or manner towards, young people based on their perceived or actual sexual orientation Use of inappropriate pet names Vilification or humiliation Jokes or innuendo of a sexual nature Obscene gestures and language Facilitating/permitting access to pornographic material Facilitating/permitting access to sexually explicit material that is not part of endorsed curriculum Failing to intervene in sexual harassment of children and young people Correspondence of a personal nature via any medium (e.g. phone, text message, letters, email, internet postings) that is unrelated to the staff member’s role. This does not include class cards/bereavement cards etc.
Personal disclosure	Discussing personal lifestyle details of self, other staff or children and young people unless directly relevant to the learning topic and with the individual’s consent
Physical contact	Unwarranted or unwanted touching of a child or young person personally or with objects (e.g. pencil or ruler) Corporal punishment (physical discipline, smacking etc.) Initiating, permitting or requesting inappropriate or unnecessary physical contact with a child or young person (e.g. massage, kisses, tickling games) or facilitating situations which unnecessarily result in close physical contact with a child or young person Inappropriate use of physical restraint
Place	Inviting/allowing/encouraging children and young people to attend the staff member’s home Allowing children and young people access to a staff member’s personal internet locations (e.g. social networking sites) Attending children and young people’s homes or their social gatherings Being alone with a child or young person outside of a staff member’s responsibilities Entering change rooms or toilets occupied by children or young people when supervision is not required or appropriate Transporting a child or young person unaccompanied Using toilet facilities allocated to children and young people Undressing using facilities set aside for children and young people, or in their presence
Targeting individual children and young people	Tutoring (outside education sector’s directions or knowledge) Giving personal gifts or special favors Singling the same children and young people out for special duties or responsibilities Offering overnight/weekend/holiday care of children and young people as respite to parents (unless a family day care educator, or employed by a respite Organisation)
Role	Adopting an ongoing welfare role that is beyond the scope of their position or that Photographing, audio recording or filming children or young people via any medium when not authorised to do so and without any required parental consent
Possessions	Correspondence or communication (via any medium) to or from children and young people where a violation of professional boundaries is indicated and where the correspondence has not been provided to the site leader by the staff member Still/moving images or audio recordings of children and young people on personal equipment or kept in personal locations such as car or home that have not been authorised by the site leader Uploading or publishing still/moving images or audio recordings of children and young people to any location, without parental and site leader’s consent

1. PROTECTIVE PRACTICES FOR OFFICERS – KEEPING YOURSELF AND CADETS SAFE
   1. The following practices should be used as a behavioral guide for all Officers (and other adult Members) to promote a more secure environment for all.

      Adopting these practices will create a safer environment for our Cadets and enable unsafe behaviours to be identified.

      It will also maximise Officers’’ protection from a misconstrued act.

      1. Always have two Officers/Adult Members
         • It is essential that there should always be at least two Officers or an Officer and another adult member present when supervising Cadets. At least one of the supervising adults should be an
           • Officer who has been issued with an Officer Warrant and
           • is 21 years old or older.

         In a Combined Squadron, it is essential to have both male and female Officers in in the Squadron.

      2. Officers or other adults
         • However, if a Squadron loses the services of an Officer so that the desired composition is no longer possible, it may continue to operate as a Section with at least one Leader, provided that:
         • The Squadron can show that it is conscientiously attempting to obtain a replacement Officer to re-establish the desired composition of Officers.
         • To ensure that adequate adult male or female supervision is provided, the Squadron arranges for a suitable Associate member to be present and provide assistance at activities.

         For activities in which both male and female Cadets participate, it is mandatory that Officers/adults of both genders accompany the group.

      3. No One-on-One Contact with Cadets

         Officers should have at least one other Officer/adult present in any situation that could be construed as compromising or questionable, for example, when speaking with or comforting a Cadet.

         In circumstances where a Leader needs to talk to a Cadet, it should be “in sight, out of hearing”- it should occur in the view of other Officers/adults and Cadets.

         Have other children, parents, friends, or Officers with you when in any situation that could be construed as compromising or questionable (e.g. camping, outings, private interviews or when transporting Cadets to and from meetings).

         Officers must not invite or bring Cadets to their home, for example to watch DVDs or play video games, without parent approval and without another adult present.

         Do not let children involve you in excessive attention seeking behaviour that is overtly sexual or physical in nature. Be particularly careful with the very needy child. Redirect the behaviour into 'healthy' activities and provide caring attention before it is asked for. Seek advice from the Child Protection Officer (or relevant officer within League) about whether the matter should be reported to the relevant Authority (overtly sexual attention seeking behaviour is usually a sign of abuse) or police.

      4. Physical Contact

         Inappropriate and intrusive touching and hugging are prohibited.

      5. Respect Cadets’ Privacy

         Officers must respect Cadets’ privacy and their own privacy when it comes to changing clothes, showering, and toilet use.

      6. Separate Accommodation for Male and Female Cadets

         Where a League activity requires Cadets to stay overnight, male and female Cadets should have separate accommodation. Where this is not possible, there should be clear physical separation between male and female Cadets (e.g. with a screen). The Officer/s must ensure that every Cadet and their parent is informed about and understands the lack of separate facilities before the activity starts.

      7. Separate Bathroom Facilities for Male and Female Cadets

         Male and female Cadets should have separate bathroom facilities. If this is not possible, Officers should schedule separate times for male and female Cadets to use the bathroom. This schedule should be written on a notice that all Cadets can see. The buddy system should be used for toilets, where one person waits outside the entrance. “Occupied” and “Unoccupied” signs and inside door latches are also recommended.

      8. Separate Accommodation for Officers and Cadets

         Where a League activity requires Cadets to stay overnight, Cadets should sleep in separate accommodation from adults. An exception to this is where a Cadet with special needs requires a carer to be present. In such circumstances, the accommodation of the Cadet and carer should be separate from the accommodation that is for Cadets only.

         Another exception to this is where accommodation is in Squadron Halls and Officers must be present for discipline and security reasons.

         Where separate accommodation is not possible, there should be clear physical separation between adult and Cadets.

      9. Safe Activities

         Rough or physically hurtful games or abusive initiation (“hazing”) ceremonies are prohibited.

         Officers should choose games carefully, using common sense and avoiding games that require excessive physical contact between Officers and Cadets.

         Officers should encourage but not pressure Cadets, always being sensitive to each Cadet’s individual capacity for physical activities and protecting them from unwarranted pressure to participate.

      10. Travel

          During transportation to and from planned League activities, if you cannot provide two adults for each vehicle, the minimum requirement is one adult and two or more Cadets - never one on one. A common departure point is recommended.

      11. Open Door policy

          All League meetings must be open to parents and visiting Officers.

      12. Wear appropriate clothing

          The way Officers dress and present themselves must be appropriate. Proper attire is required for all activities.

      13. Be a good role model

          Officers have a position of power and influence and should not abuse it, but rather should always set a good example in dress, behaviour and language.

          All Cadets (and others) should be treated with respect and dignity.

      14. Carefully watch your language and your humor

          Officers should use words to build up, empower and encourage Cadets.

          Making inappropriate jokes and ridiculing a young person are behaviours that breach the League’s Code of Conduct.

      15. Use discipline appropriately
      16. Address inappropriate behaviour

          Inappropriate behaviour should not be ignored.

          Discipline and manage behaviour.

          • Do not abuse.
          • Be clear that when a child is difficult, it is the behaviour that is 'Not OK’ and that the child is 'OK'.
          • Attack the problem not the person.
          • Our task is to build self-esteem not to shatter it.
          • Be firm and fair.
          • Avoid favorites or at least giving individuals a lot more attention.
          • Avoid concentrating only on disruptive behaviour.
          • Learn disciplining and appropriate behaviour management skills.

          Officers should develop an etiquette that allows for Officers to feel comfortable and caring enough to point out to each other any inappropriate attitudes or behaviours.

          Handling major behavioral issues including misdemeanors, infringement of the Code of Conduct and matters where the League’s duty of care is infringed or actions bring or are likely to bring the League into disrepute (including child protection concerns) is the responsibility of Officers.

          • Address abusive behaviour

          Don't tolerate abusive or inappropriate behaviour - deal with it quickly

          Suspicions or instances of abuse of Cadets, or other behaviour that amounts to a criminal matter or child protection concern, should be reported directly to the Group Executive Commissioner, Senior Officer or Chief Commissioner as required in the League’s Child Protection Policy.