Integrated work health and safety, child safety and risk management for schools and early learning

What’s required of your school or early learning centre?

Schools carry standard WHS responsibilities as an employer, ensuring the health and safety of staff, volunteers and contractors so far as reasonably possible. Layered on top is a distinctive set of obligations built around the safety and wellbeing of students specifically.

Duty of care, on and off school grounds — A school’s duty of care to its students is well established at common law and reinforced through every state and territory education department’s policy framework. This duty is considered non-delegable: a school cannot fully discharge its responsibility for student safety simply by handing students over to an external camp provider, tour operator or excursion venue. The duty extends to excursions and camps as a recognised extension of the school workplace, and to any reasonably foreseeable risk to students, staff or volunteers involved.

Excursion and camp risk assessment — Every state and territory requires a documented risk assessment before an excursion or camp proceeds, addressing the route and destination, transport arrangements and seatbelt or restraint requirements, supervision ratios appropriate to the activity and student age, the qualifications of any specialist supervisors required (for example, lifesaving skills for water-based activities), emergency contacts and communication plans, and parental consent. Activities such as overnight camps, overseas travel, and water-based or adventure activities may require additional, activity-specific risk assessment, higher supervision ratios, and principal or delegate approval before proceeding. For early childhood and out-of-school-hours care services, equivalent obligations are set out directly in the Education and Care Services National Regulations.

Screening and supervision — Excursions and camps require staff, and any volunteers or third-party providers involved, to meet working with children screening requirements, with adequate supervision maintained at all times, including during transport, meals, free time and overnight stays. Schools are expected to assess not just whether minimum ratios are met, but whether supervision is genuinely adequate given the age, number and needs of the students involved.

Third-party providers and venues — Where a school engages an external provider, an adventure activity operator, a camp venue or a tour company, the school remains responsible for verifying the provider’s safety standards, qualifications, and public liability insurance before the activity proceeds. Some venues are subject to specific safety alerts or restrictions that excursion organisers are required to check before booking.

Child Safe Standards — Schools must meet the National Principles for Child Safe Organisations, given effect through state and territory Child Safe Standards. These ten principles require child safety and wellbeing to be embedded in organisational leadership, governance and culture, not achieved simply by having policies in place. Schools must be able to demonstrate that child safety is reflected in everyday practice, recruitment, training, supervision and incident response, including on excursions, camps and any off-site activity.

Working With Children Checks — Staff, volunteers and any third party engaging with students, including on excursions and incursions, must hold a valid Working With Children Check or equivalent clearance. Recent legislative reform has tightened employer obligations, including requirements to notify relevant authorities or take action where a staff member or volunteer receives a negative notice.

This information is provided as general guidance and does not constitute legal advice. Riskteq recommends schools seek advice specific to their jurisdiction, school sector and governing education legislation.