Sam Allan Assignment 2 2134884

Essay Question: Describe, discuss and explain the legalities associated with
the South Australian teaching profession.

The teaching profession is an ever-changing environment, that is bound by many legislations

and legalities. Teachers are placed with the large responsibility of preparing students to lead
successful and productive lives. Australia believes that by improving teacher quality this will
increase student attainment and improve the quality of education (Australian Institute for
Teaching and School Leadership (AITSL), 2017). Developing a range of professional
standards, training courses and required legislations for educators to adhere to, allows the
South Australian government to make sure teachers are aware of all the legalities associated
within the profession. The Australian Professional Standards for Teachers are a public
declaration of the elements involved in quality teaching (AITSL, 2017; Education Services
Australia, 2018). They aim to improve educational outcomes for students by defining the work
of teachers and the elements involved in effective, and high-quality teaching (AITSL, 2017).
Standard 7.2 discusses the need for graduate teachers to “understand the relevant legislative,
administrative and organisational policies and processes required for teachers according to
school stage” (AITSL, 2017). This essay aims to discuss a range of policies and procedures
that need to be followed in order to work in the South Australian teaching profession.

Registration is a key aspect of teaching, it is aimed at ensuring the quality, safety, and
competency of the profession (Education Services Australia, 2018). Teacher registration
certifies a standard is applied to all teachers currently teaching or entering the teaching
profession in South Australia (Teachers Registration Board of South Australia (TRB), 2019).
Registration authenticates qualified teaching professionals, if seeking employment within
South Australia it is required by law to be registered by the Teachers Registration Board (TRB,
2019). In order to work in South Australian government schools, it is a requirement to be
registered with the South Australian Department for Education (DECD) (DECD, 2019a). There
are several mandatory documents that are required to register with the Teacher Registration
Board as well as the South Australian Department for Education, these include:

o First Aid Training

o Working with Children Checks (WWCC)
o Responding to Abuse and Neglect training certificate (RAN)
o University Qualification
o LANTITE certificate
o Proof of Identity Check
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Two of the main documents needed are the RAN certificate and the WWCC. The RAN training
is how educators make sure they are updated with the same information as one another in
order to understand their role as an educator, working together with other educators/
professionals to keep children’s safety and needs at the forefront of what they do (DECD,
2019a). RAN training aims to provide all people working within education an understanding of
the underlying factors of child neglect and abuse and the impact this may be placing on the
children’s wellbeing and development; how and when to report suspected child abuse; and
how education and children services staff can work together with families to lessen and/ or
prevent the impact of neglect and abuse (Department for Education, 2019a). The WWCC Act’s
main focus is to minimise the risk posed to children by people who work with them (Department
of Human Services, 2019). Completing all training required before heading into the workforce
is key. The law enforces a legal duty on schools and teachers to take care of the wellbeing
and safety of all students in their care (DECD, 2016). Duty of care refers to “an obligation to
take reasonable care to protect another from all reasonably foreseeable risk of harm” (DECD,
2016). Teachers need to consider many factors such as age, experience and care needs when
children in their care are at risk, the larger the risk of harm, the greater the standard of care
owed (DECD, 2016).

Within the educational sector there are many guidelines and frameworks to follow, Code of
Ethics documents exist for all frameworks and legislative sectors. The Code of Ethics for the
South Australian Public Sector exists to support educators working for DECD and other
professionals in the public sector in professional activities and personal conduct (DECD,
2014). Working for DECD means there are certain expectations that educators need to uphold,
they are to be courteous and professional in performing their duties, work collaboratively with
co-workers, colleagues and the community, and assist in creating a safe environment (DECD,
2014). There are nine Professional Conduct Standards that the Code of Ethics for the South
Australian Public Sector discusses, these include:

o Professional and Courteous Behaviour

 Being professional and building professional relationships with co-workers and
students. Be familiar with policies and procedures.
o Use of Government/Public Resources
 Government and public resources are used primary for work sources.
o Acceptance of Gifts and Benefits
 Gifts may be offered, act with honesty and integrity, remain impartial.
o Public Comment
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 Be careful about engaging with media, posting online or speaking at public

events.
o Criminal Offenses
 Advise manager as soon as possible if charged with a criminal offense.
o Handling Official Information
 Confidentially must be maintained with all relevant information during all
circumstances.
o Outside Employment
 May be required to declare work outside DECD, permission needs to be
sought.
o Reporting Unethical Behaviour
 Employees must engage in ethical behaviours; this includes identifying and
reporting unethical behaviour.
o Conflict of Interest
 Personal interests/ views must not affect one’s ability to perform on the job.

If the Code is breached this can result in disciplinary action being taken, dealing with minor
breaches may only need an apology, explanation or written warning, whilst those breaches of
a serious level may result in suspension from duty without pay, termination of employment, or
a reduction of one’s remuneration level (DECD, 2014). The protective practices guidelines
form part of child protection policies and procedures, these have been developed by both
government and non-government education sectors within South Australia. Protective
practices for staff guidelines specify advice about how to build respectful, caring and positive
relationships with children in an educational environment (Department for Education, 2019b).
The aim of the protective practices document is to protect children’s physical and emotional
wellbeing by helping educators understand appropriate boundaries as a professional during
all interactions with children. Through implementing these guidelines educators can feel
confident that they are meeting their ethical and conduct obligations, and also the
responsibilities to children (Department for Education, 2019b). This relates back to AITSL
standard 4 ‘Create and maintain supportive and safe learning environments’ (AITSL, 2017).
Sheras and Bradshaw (2016) and Schonert-Reichl (2017) discuss the importance of creating
positive classroom environments in order to have a positive influence on student wellbeing
and academic performance.

Education plays a vital role in shaping a young individual’s life. The Australian Curriculum
Assessment and Reporting Authority (ACARA) specifies expectations around what all youth
within Australia should be taught (ACARA, 2014). ACARA provides a framework for teachers
Sam Allan Assignment 2 2134884

to develop their knowledge, skills and understanding by developing unit plans through the
achievement standards and elaborating on the content descriptors (ACARA, 2014). Teachers
need to teach to the Australian Curriculum; however, they need to alter the classroom to
provide an equitable and quality curriculum to their students (ACARA, 2014). Therefore,
relating back to AITSL standards 1 ‘know students and how they learn’ and 2 ‘know the content
and how to teach it’ this is achieved through understanding the curriculum and being able to
adapt it to cater for all students (AITSL, 2017). Hawk (2017) and Chory and Offstein (2017)
discuss the importance of getting to know your students and being able to cater for their needs
as this provides positive outlooks across the classroom.

There are many legalities associated with the teaching profession. As mentioned above the
Australian Professional Standards for Teachers shape how educators can grow and become
effective and quality teachers. Educators have a duty of care of students that are under their
supervision, getting up to date training clearances such as RAN and WWCC allows teachers
to work with children knowing their roles and responsibilities. It is vital that teachers stay up to
date with all training and legal policies, remaining informed is key to having a deeper
understanding of what an educator can and cannot do. Educators need to conform to all
legalities, especially the code of ethics, if any of the codes are broken it can result in a serious
outcome like job loss. Keeping up to date with protective practices allows educators to know
the boundaries and how to protect themselves during interactions with children. Overall it is
important that all educators are up to date with all the legalities and policies surrounding the
South Australian teaching profession.
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REFERENCE LIST

Australian Curriculum, Assessment and Reporting Authority (ACARA). (2014). About the
Australian Curriculum. Retrieved from https://www.australiancurriculum.edu.au/about-the-
australian-curriculum/

Australian Institute for Teaching and School Leadership (AITSL). (2017). National
Professional Standards for Teachers. Retrieved from http://www.aitsl.edu.au/australian-
professional-standards-for-teachers/standards/list

Chory, R. M., & Offstein, E. H. (2017). Your professor will know you as a person: Evaluating
and rethinking the relational boundaries between faculty and students. Journal of
Management Education, 41, 9-38.

Department for Education and Child Development. (2014). Exploring ethics series.
Government of South Australia. Retrieved from
https://www.education.sa.gov.au/sites/default/files/exploring-ethics-
series.pdf?v=1465437879 \

Department for Education and Child Development. (2016). Duty of Care. Government of
South Australia. Retrieved from https://www.education.sa.gov.au/sites/g/files/net691/f/duty-
of-care-policy.pdf

Department for Education. (2019a). Teacher employment requirements and registration.

Government of South Australia. Retrieved from https://www.education.sa.gov.au/working-
us/working-teacher/teacher-employment-requirements-and-registration

Department for Education. (2019b). Protective practices for staff in their interactions with
children and young people: Guidelines for staff working or volunteering in education and
care settings 2017 (2nd Edition, revised 2019). Government of South Australia. Retrieved
from
https://www.education.sa.gov.au/sites/g/files/net691/f/protective_practices_for_staff_in_their
_interactions_with_children_and_young_people.pdf

Department of Human Services. (2019). New working with children check. Government of
South Australia. Retrieved from https://screening.sa.gov.au/types-of-check/new-working-
with-children-checks

Education Services Australia. (2018). One Teaching Profession: Teacher Registration in

Australia. VIC: Carlton South

Hawk, T. F. (2017). Getting to know your students and an educational ethic of care. Journal
of Management Education, 41(5), 669-686.
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Schonert-Reichl, K. A. (2017). Social and emotional learning and teachers. The Future of
Children, 137-155.

Sheras, P. L., & Bradshaw, C. P. (2016). Fostering policies that enhance positive school
environment. Theory into practice, 55(2), 129-135.

Teachers Registration Board of South Australia (TRB). (2019). Teacher Registration.

Retrieved from https://www.trb.sa.edu.au/australian-teacher-education-graduate