Legal and policy matters

For school placements

The legal position of pre-service teachers

It should be clearly understood that PSTs are not to be used to replace teachers who are absent, or to free teachers to perform other duties around the school.  Placing PSTs in charge of children in these circumstances is not only contrary to the spirit of school experience but also in contravention of the Education Act.

PSTs working in schools do not have the protection of Department of Education insurance or workers’ compensation provisions. Since they are employees neither of the organisation nor of the University, PSTs are advised to avoid situations in which they assume individual responsibility for the safety of students.

An insurance policy for PSTs operates which covers their regular university program including school experience. In order for this provision to operate, however, it is essential that PSTs on professional experience undertake the program as set out in this manual.

Since the University is concerned that its PSTs are fully protected legally at all times on school experience, it asks that supervising teachers ensure that they are always in a position to exercise responsibility for classes.

Camps and excursions

The University encourages PSTs to be involved in schools’ camps programs provided there is no obvious conflict with their studies. For camps (and excursions in excess of one day) the following conditions apply:

• The PST’s attendance on camp programs must be voluntary.
• The PST can be counted in the staff-student ratio as defined by the Department of Education and Training and the School Council.
• There must be a registered practising teacher able to accept full responsibility for school camp programs and excursions.
• The roles and responsibilities of the PST are clarified and understood by all staff and students prior to the commencement of the excursion.
• The PST must not be left in sole charge of a group of students.
• The PST must be able to plan, deliver and reflect on elements of the camp program.
• PSTs are primarily on professional experience to practice teaching and should not be viewed as substitute staff for multi-day camps.  While one or two days of experience on camp would be a valuable experience, extended time (3 or more days) away from teaching is to be discouraged.  Camps of more than three days should be approved by the relevant Subject Coordinator.

Industrial action

• Where a stop work strike occurs in a school or education and care service, PSTs must not replace in a classroom any teacher participating in such action.
• If a PST is stopping work or on strike he/she must notify the School of Education prior to such action.
• Any absences arising from the above situations must be made up under the guidance of the SPC in the school or education and care service.

Workplace injuries

Very few PSTs injure themselves while on placement.  However, for those rare occurrences, the following guidelines and information are essential:

• If a PST is injured while on placement then they must report the injury to the appropriate person/people in the school or education and care service (including the Student Placement Coordinator) and also to Placement Partnering and Operations via the Work Based Learning Placement Student Enquiry Form.
• If the injury is due to the school’s negligence or carelessness then the PST is covered under the school’s insurance. However, if the injury is not due to the school’s negligence, PSTs are covered by La Trobe University’s insurance. PSTs should contact the La Trobe University Insurance Office for details:  https://www.latrobe.edu.au/insurance/students