Simone Brock

2181707
(Masters Student)

Describe, discuss and explain the legislative, administrative and organisational

requirements associated with the South Australian teaching profession

Focus area 7.2 in the Australian Professional Standards for teachers states that teachers need
to ‘understand the relevant legislative, administrative and organisational policies and
processes required for teachers according to school stage’ (AITSL, 2017). Indeed, within
South Australia, there is a wide range of legislation, policy, guidelines and frameworks that
are related to the teaching profession. The following will be discussed in this essay:
mandatory requirements to become a registered teacher; the Department of Education
policies surrounding attendance and duty of care; mandatory reporting; the Teachers
Registration board Code of Ethics; and the Code of Ethics for the South Australian Public
Sector. These policies and processes largely influence and guide a teacher’s work, and strive
to maintain the well-being of South Australian students while ensuring rigorous standards and
greatest possible educational outcomes.

It is vital that teachers are working under systems of accountability, as research demonstrates
there is a powerful relationship between the quality of teachers and the learning outcomes of
students (Kleinhenz & Ingvarson, 2004). Indeed, it is certain that ‘the quality of teachers’
knowledge and skill is the most important controllable factor in successful student learning’
(2004, p. 31). The South Australian Teachers Registration and Standards Act 2004 ensures
that the profession includes individuals who ‘are competent educators and fit and proper
persons to have the care of children’, and outlines requirements and processes surrounding
registration and actions taken in regards to misconduct or incapacity of teachers (p. 4).
Working under this act, the Teachers Registration Board (TRB) registers teachers, ensures
teachers are meeting the requirements of the profession, determines the teaching standards,
approves initial teacher education courses and manages investigations into cases of
misconduct (Lind, 2018). To become a member of the teaching profession teachers must
complete an ITE program, succeed in the Literacy and Numeracy Test for Initial Teacher
Education (LANTITE) and receive a Mandatory Notification Training Certificate and a
Working with Children Check (TRB, 2019). To ensure teachers are always growing
professionally, an individual can only remain on provisional registration for six years, and in
becoming a fully registered teacher, it is a requirement to complete one year full-time (or the
equivalent) in the profession at a satisfactory level (Lind, 2018, p. 11). These mandatory
requirements ensure that all teachers can be trusted, are being successful in their practice, are
continuously refining their skills and knowledge for the best possible outcome for students.

The Education and Children’s Services Act 2019 (SA) was recently reformed with new
legislation commencing in July 2020, and includes strengthened measures mandating school
attendance (DECD, 2020a). New penalties, from $500 to $5000, have been introduced for
parents/carers who do not ensure their child attends school (DECD, 2020a). Family
conferencing has also been introduced to give address to chronic non-attendance (2020a).
The Mandated Attendance Policy gives interpretation to the Education and Children’s
Services Act 2019 and the associated Education and Children’s Services Regulations 2020 at
the organisational level to ensure that school’s adhere to the legislation (Government of
South Australia, Department of Education, 2020). As stated in the policy, there is a legal
requirement for South Australian students to be a part of schooling or an approved learning

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program between the ages of six and seventeen years (2020). All school staff therefore have
the responsibility of assessing patterns of non-attendance and circumstances to inform any
necessary interventions, ensuring all students can be present and engaged in their learning,
and monitoring attendance to identify any possible risks (2020). Promoting attendance in
classrooms also means providing ‘support to address the barriers to attendance’ which
includes learning and wellbeing (2020). Responsibilities of teachers also involve ‘being
actively concerned with the welfare and development’ of students under their care (2020, p.
3). Indeed, teachers have a duty of care to all of the students in ‘their care and control’, and
the legalities surrounding this are outlined in the Duty of care Policy (DECD, 2020b). The
policy states that teachers hold the responsibility of protecting the children under their care
‘from a reasonably foreseeable risk of harm’ by exercising common sense and good
judgement (2020b, p. 5). Teachers must not fail to uphold this duty of care and ‘harm the
student by their actions or omissions’ (Bryce, 2018, p. 85). Indeed, breaching this duty of
care can result in an individual being sued for negligence (DECD, 2020b). The management
and promotion of student attendance by teachers is critical for improving student learning and
wellbeing, and teachers must uphold a duty of care in respect of student attendance.

In South Australia, legislation on mandatory reporting was first enacted in 1972, and these
mandatory reporting requirements have been expanded throughout the country since that time
(Kenny & Matthews, 2008). Mandatory reporting means teachers hold the responsibility of
reporting any reasonable belief of abuse or neglect (2008). The Children and Young People
(Safety) Act 2017 (SA) legislates that certain types of people including educators must report
if they suspect a child in their care is at risk (2017). Failure to comply with this legislation
can lead to penalties such as fines or time in prison (Bryce, 2018, p. 88). The Children’s
Research Centre mandatory reporting guide can be looked to by individuals to fulfil their
obligations under the act (NCCD, 2018). It is through training that the legislation and
guidelines are implemented and given effect in the workplace. In South Australia, if an
individual is working or volunteering with children, it is an administrative requirement to
complete the Responding to Abuse and Neglect-Education and Care (RAN-EC) training
which focuses on teacher expectations surrounding mandatory reporting (DECD, 2020c).
Critics of mandatory reporting argue that it leads to ‘fear-based over reporting’ due to the
possibility of significant consequences (Bryce, 2018, p. 90) and that a high number of
unsubstantiated reports can result in ‘overloading an already overburdened child protection
system’ (2018, p. 89). Nevertheless, teachers need to be equipped with the skills and
knowledges surrounding mandatory reporting, as it can be argued that this is vital in giving a
voice to students who may be in a position where they are unable to protect themselves.
Training such as the RAN-EC ensures that all teachers have up to date knowledge associated
with mandatory reporting for the best possible outcome for the students in their care.

Ethics involves values which are related to morality, or doing what is perceived to be the
right thing (Ewing et al., 2020). Following a code of ethics is important for teachers as it acts
as a framework to consider different aspects of the issue they are facing (2020). The TRB’s
Code of Ethics is a guide to assist teachers in making choices surrounding professional issues
and to enhance trust in the teaching profession by society. At the heart of The Code of Ethics
are the values of ‘integrity, respect and responsibility’ (TRB, 2006). In addition to this, there
is a Code of Ethics for the South Australian Public Sector, which all government employees
must follow. Outlined in a series of newsletters published by DECD are the organisational
policies and guidelines surrounding the acceptance of gifts, professional conduct, reporting
unethical behaviour, the handling of confidential information, conflicts of interests and
criminal offences (DECD, 2014). Unlike the TRB’s Code of Ethics, breaching these

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standards can result in disciplinary action including suspension without pay or dismissal
(2014). In contemporary society, especially with the presence of COVID-19, the way
teacher’s conduct themselves online has been brought to the forefront. According to Jenlink
and Jenlink, ‘social media has provided a virtual access and communication portal between
teachers and students’ and ‘crossing professional boundaries and violating professional ethics
via social media’ has become an increasing problem (2018, p. 124). As a result, young
teachers especially need to be wary about what they post online on their social media
platforms, and the ways in which they communicate with students. Teachers must ensure to
adhere to the Code of Ethics by not adding students as friends on social media, and consider
whether actions and comments online are detrimental to their public image or could put
themselves or anyone else at risk (DECD, 2014). For example, on my final professional
experience during the distance education that took place, I had to ensure I was abiding by
Adelaide High School’s organisational policies and procedures surrounding teaching online.
These included using school approved platforms, communicating with students within school
hours in a public setting, and not using personal devices or accounts to communicate with
students (Adelaide High School 2020). By following both the TRB’s Code of Ethics,
standards of behaviour defined by DECD and relevant organisational school expectations and
policies, teachers are contributing to the safety and well-being of both their students and
themselves.

To conclude, teachers must ensure they are aware of and are abiding by the legislative,
administrative and organisational policies related to the teaching profession. In order to avoid
disciplinary action, and to maintain the wellbeing of their students, it is critical teachers
adhere to policies surrounding duty of care, mandatory reporting, relevant organisational
school policies and the DECD Code of Ethics. Moreover, teachers must be guided by the
Teachers Registration and Standards Act 2004 (SA) to ensure they are meeting the standards
of the profession and continuing to grow throughout their career. By adhering to the relevant
legislation, policy and guidelines, teachers can ensure they are maintaining the dignity of the
profession and providing the best practice possible.

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 Simone Brock
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(Masters Student)

Annotated Bibliography

Bryce, I. (2018). Child protection for educators and principals: A moral and legal obligation.
In The Palgrave Handbook of Education Law for Schools (pp. 81-104). Springer International
Publishing.

Annotation: Bryce provides an in depth discussion on mandatory reporting and the moral
and ethical considerations which surround this. She draws on current research to highlight the
prevalence of child abuse in Australia, and the moral and legal obligations of educators in
combatting this. This chapter was chosen as it adds a new perspective on teacher attitudes
about mandatory reporting and barriers to fulfilling this obligation, a relevant addition to this
essay’s discussion on legislative requirements for teachers.

Ewing et al (2020). Ethical Practice. In Ewing, R., Le, C. R., Kervin, L., Gobby, B., Glass,
L., & Groundwater-Smith, S (Eds.), Teaching challenges and dilemmas. ProQuest Ebook
Central https://ebookcentral-proquest-com.ezproxy.flinders.edu.au

Annotation: This chapter argues for the importance of ethical practices in relation to the
teaching profession, and highlights that decisions made by teachers can impact students,
parents, colleagues and the broader community. It is an essential resource for pre-service
teachers to begin understanding how to go about the challenging issues they may face in
future.

Jenlink, P.M., & Jenlink, K.E. (2018). Education, ethics, and the law: Examining the legal
consequences of unethical judgment. In The Palgrave Handbook of Education Law for
Schools (pp. 105-139). Springer International Publishing.

Annotation: The chapter aims to make sense of the nature of ethics and how it interplays
with law and education. It discusses what is considered to be unethical behaviour and the
legal consequences of this for teachers. The chapter was sourced as it provides a discussion of
laws and ethical considerations surrounding current educational issues including social media
and the use of the internet in schools. It is a contemporary resource that can be used to gain a
deeper insight into the relationship between ethics, the law and education.

Kleinhenz, E., & Ingvarson, L. (2004). Teacher accountability in Australia: Current policies
and practices and their relation to the improvement of teaching and learning. Research Papers
in Education: Making Teachers More Accountable: Case Studies of the Modernization
Process in Six Countries, 19(1), 31-49.

Annotation: The purpose of this article is to argue for the need for systems of accountability
for teachers in Australia. Although this article is not recent, it provides a useful historical
background and a critique of the practices, policies and initiatives that have surfaced in
Australia from the 1870s to 2004 to ensure teacher accountability. The article was chosen as
it provides a clear insight into the link between teacher quality and student achievement and
how this is affected by systems of accountability.

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Lind, Peter. (2018). Regulating and developing South Australia's teachers. BULLETIN

(LAW SOCIETY OF S.A.), 40(8), 10-11.

Annotation: This recent peer reviewed article provides a useful and practical understanding
of the role of the Teachers Registration Board in ensuring teachers are meeting the standards
and administrative requirements to enter the profession, and that they are taking the
appropriate steps to maintain their registration. The article is easy to follow and written in a
concise manner. It provides accessible information for readers wanting to know more about
the board and the significance of their work in promoting better teacher quality.

Mathews, B., & Kenny, M. (2008). Mandatory Reporting Legislation in the United States,
Canada, and Australia: A Cross-Jurisdictional Review of Key Features, Differences, and
Issues. Child Maltreatment, 13(1), 50-63.

Annotation: The article provides a comprehensive comparison of Mandatory Reporting

Legislation in the United States, Canada and Australia, and highlights the challenges faced by
legislators and policy makers. It is a clear and informative read for all people who are
considered mandatory reporters, as well as a resource for future policy makers to develop
these laws. This relevant article was chosen as it provides a detailed definition of mandatory
reporting and the historical context for mandatory reporting in Australia. The article has a
strong evidence base as it has drawn from online legislative databases in each jurisdiction in
the three countries, and has cross-checked this with data in the U.S. Department of Health
and Human Services Children’s Bureau.

Additional References

Adelaide High School (2020). Online Learning: Expectations & Pedagogy behind the policy.
Presentation given at Adelaide High School.

Australian Institute for Teaching and School Leadership (AITSL). (2017). Australian
professional standards for teachers. Retrieved from https://www.aitsl.edu.au/teach/standards

Education and Children's Services Act 2019 (SA). Retrieved from

https://www.legislation.sa.gov.au/LZ/C/A/EDUCATION%20AND%20CHILDRENS
%20SERVICES%20ACT%202019/CURRENT/2019.19.AUTH.PDF

Children and Young People (Safety) Act 2017 (SA). Retrieved from
https://www.legislation.sa.gov.au/LZ/C/A/CHILDREN%20AND%20YOUNG%20PEOPLE
%20(SAFETY)%20ACT%202017/CURRENT/2017.25.AUTH.PDF

Department for Education and Child Development. (2020a). Overview of changes of the
Education and Children’s Services Act 2019. Retrieved 16 September 2020, from
https://www.education.sa.gov.au/overview-changes-education-and-childrens-services-act-
2019.

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The Department For Education and Child Development (2020b). Duty of care Policy.
Retrieved from https://www.education.sa.gov.au/sites/g/files/net691/f/duty-of-care-
policy.pdf.

Department for Education and Child Development. (2020c). RAN-EC child protection
training | Department for Education. Retrieved 12 September 2020, from
https://www.education.sa.gov.au/working-us/responding-abuse-and-neglect-training/ran-ec-
child-protection-training

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

Government of South Australia, Department of Education (2020). Attendance policy.

Retrieved from https://www.education.sa.gov.au/sites/default/files/attendance-policy.pdf?
v=1593556743

NCCD Children’s Research Centre (2018). Mandatory Reporting Guide. Retrieved

fromhttps://www.childprotection.sa.gov.au/__data/assets/pdf_file/0008/107099/mandatory-
reporting-guide.pdf?
fbclid=IwAR3AtwM3wtQPFCM6RPWc81DifWuj8iv9Rnbg3ZQ3WIXfxegaLMo2dj0UgNc

Teachers Registration Board of South Australia (2019). Government of South Australia.

Retrieved from https://www.trb.sa.edu.au/

Teachers Registration Board of South Australia (2006). Code of Ethics for the teaching
profession in South Australia. Government of South Australia. Retrieved from
https://www.trb.sa.edu.au/sites/default/files/Code-of-Ethics.pdf

Teachers Registration and Standards Act 2020 (SA). Retrieved from

https://www.legislation.sa.gov.au/LZ/C/A/TEACHERS%20REGISTRATION%20AND
%20STANDARDS%20ACT%202004/CURRENT/2004.57.AUTH.PDF

Simone you have demonstrated a sound understanding of some of the legislative,

administrative and organisational requirements of teachers. You have provided helpful
explanations about some documents underpinning these expectations and possible outcomes
where requirements are not met. Your explanation of the different Codes of Ethics which
state school teachers come under is informative (thank you!). Alluding to a range of other
legislation would have been helpful and reminded the reader there are also expectations of
inclusion and non-discrimination to be taken into account by teachers.

Your annotated bibliography is also pleasing. Congratulations on a high quality assignment.

HD DN CR P F
Content x
Organization and x
development of Ideas
Mechanics x
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 Simone Brock
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HD DN CR P F
Relevance x
Evaluation x
Summary x
Grade: DN PBartholomaeus