TEACHERS could be forced to warn students as young as 10 about their legal rights before counselling them after a remarkable court decision.
A 14-year-old boy who confessed to his teacher that he robbed a service station and stabbed the attendant with a knife, has been acquitted after the District Court refused to allow the teacher's statement into evidence because he had not "cautioned" the boy.
It could change the way teachers and students relate to each other, NSW Teachers Federation President Bob Lipscombe said yesterday.
"This is potentially very serious for teachers," Mr Lipscombe said.
"Teachers are expected to provide advice, assistance and counselling to young people on a daily basis and during the course of that, many things are disclosed to teachers.
"Most are fairly insignificant but often there are matters disclosed that are quite significant and in such cases teachers have never been advised that they can only act on information if they have previously cautioned the student," Mr Lipscombe said.
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The federation was taking urgent legal advice, he said.
"No teacher in the course of their work would caution students in the way this case states," he said.
"Clearly this teacher did think he was doing the right thing and acting responsibly."
NSW Premier Barry O'Farrell has also slammed the court's decision and said he felt "bewildered and angry" at the judgement.
The history teacher, who cannot be named because it may identify the 14-year-old student, was also the boy's year adviser.
Soon after the boy enrolled at the high school mid-term last year, the teacher asked him how his previous day had gone and whether he would be returning this year.
The boy said that it depended on the outcome of his upcoming court appearance.
"I held up a servo and stabbed the attendant ... but the police have nothing on me," the boy said, according to Judge Helen Murrell.
The teacher spoke to the principal who urged him to talk to the Juvenile Justice officer who had helped the boy get a place at the school. The police were told and the teacher made a statement.
The boy's lawyers argued that he "was not issued with a caution" and that telling police was a breach of trust by the school.
Judge Murrell said that from the teacher's perspective, there was no confidentiality when students disclosed criminal matters, however this teacher usually forewarned them that if they disclosed crimes, he might have to take it further because he wanted them to feel confident about talking to him.
In this case he hadn't done so because he had no idea what the student was going to say, she said.
She found the admission, while voluntary, had been obtained "unfairly" and refused to admit the statement into the boy's trial, held two weeks ago in Queanbeyan.
Mr O'Farrell told 2GB radio this morning he was seeking advice from Attorney-General Greg Smith about the ruling and expected to receive it in the next day or two.
"This cannot be allowed to stand because it sends the worst possible signal, not just to teachers in the classroom but the wider community about the reporting of crime," he said.
"We can't operate on a basis which says, 'I've been told something but if I pass it on I might found to be in breach of the court."
Thursday, October 6, 2011
Teachers forced to act like police after court ruling | #Ausmedia
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