Urgent review of the current child protection legislation

Conference urges the NSW Government for an urgent review of the current child protection legislation, so that malicious, vexatious and trivial allegations of child abuse made against teachers are dealt with at the school level, not excluding the possibility of further pursuit of legal or other actions. The current situation, where such claims are granted credence; investigated by an external agency; and placed on a teacher's record in perpetuity; has an extremely negative effect on teacher morale, and is discouraging teachers from undertaking extracurricular activities; assisting with student welfare; and has the potential to discourage people from entering the teaching profession.

The Department must provide appropriate training to school principals and senior executive staff in the management of such issues.

That the Federation makes a requirement that the proposed amendments to the child protection legislation, provide a proper and reasonable definition of the word "vexatious".

Further, the Federation demands that the DET be required to offer support to teachers returning from lengthy, enforced absences from teaching. The purpose of the support would be to facilitate a return to effective classroom practice.

Such support should include provision of any curriculum and policy documents released during the teacher's absence, as well as any associated training. It may include additional sessions under the Employee Assistance Program. Other support may be a matter of negotiation and could involve staff welfare liaison officers.

Federation will issue advice to teachers concerning the non confidentiality of the EAP program.

Survey of all DET teachers

a) the frequency they have experienced verbal and/or physical abuse from students and/or parents
b) the number of teachers who have been the subject of a CPID investigation
c) the duration of the CPID investigation
d) what extent, if any, the teacher felt he/she had been dealt with in a fair and just manner
e) the amount/kind of support received and from whom it was received.
f) the effects the investigative process has on the teacher and his/her personal and professional life.

The findings of this survey should provide a basis of hard data on which to pursue the DET in its responsibilities to its employees. It will also break the conspiracy of silence surrounding many of these investigations.

The DET must provide financial compensation for casual/temporary teachers who are subject to allegations under this legislation and ensure that future employment is not jeopardised by unfounded allegations.

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Last Modified: 15 Nov 2005