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
Tuesday, September 13, 2011
How proud was I - Sydney Sept 8 | Strength in Unity | #NSWisconsin
How proud was I ! Marching through the streets of Sydney, 40 000 public sector workers in front of me, 1000 firefighters behind me, and my 2 girls carrying the FBEU banner with me.
Photos from the Unions NSW rally in The Domain against Barry O'Farrell's new industrial legislation.
Why I went on strike against O'Farrell | Socialist Alternative #NSWisconsin
Why I went on strike against O'Farrell
Barry O’Farrell expects teachers and public sector workers to lie down on the hamstringing table. His legislation is justified by an imaginary black hole in the budget, and the pretence that somehow spending on education and public services is causing a massive blowout in the economy.
The fact is that the former head of the education department, Michael Coutts-Trotter, who is now the head of Finance and Services, reported that there have been savings in public education spending! It’s outrageous that money that’s budgeted for public education should be kept in the bank – this should put Coutts-Trotter to shame for being a penny-pinching jerk. It’s even more outrageous that greedy O’Farrell says that this is not enough. He beat up a story that we workers are causing a “black hole” by serving our communities and is preparing to get it out of our wages.
But not to worry, O Farrell says to us. If teachers and other public sector workers (all the bludgers) can prove that there are “savings” then we could get more that 2.5 per cent. Maybe. He’ll think about it. Not the IRC (Industrial Relations Commission), because we will no longer have access to the IRC. No, we can turn our pockets out and beg and whimper for wages that keep up with inflation. Ask the kids to bring us a spare sandwich and some chalk.
We teachers know, just like the nurses and other public sector workers know, that the only way we can make “savings” is by doing more in less time. Less quality, more hours, larger class sizes, more stress, less stress leave, more exhaustion, less sick leave. Even though, by the way, the absurd NSW Institute of Teachers forces us to report endlessly on the “quality” of our teaching – telling us what “quality” means like we’ve never heard of the word!
So what have teachers been saying we should do? A popular idea is STRIKE THE BASTARDS OUT! But it’s taken months, as we knew it would, for the union officials to let us have this.
Another fairly logical idea, but one that was as painful to utter as the legislation itself, was a “good-will strike.” This would be where teachers stop doing all the “extra” things we do. But as we quickly realised, this is actually impossible. Because the extra stuff we do is what keeps the kids and ourselves alive.
Talking with kids on our lunch breaks, taking time out to deal with countless welfare issues. Helping other staff by taking their classes so they can take kids on a wonderful excursion. Staying that extra 20 minutes after school to help an ESL student with an assignment. Differentiating activities to suit vastly different learning abilities and preferences. Hours of preparation and marking. Networking outside of school to provide opportunities for children.
We do all of these things every day, not because we are paid to do it, but because we are human and want to see the kids and our fellow staff prosper. As far as I see it, the young people I work with are fellow workers – one struggle one fight. To neglect or deprive them would reduce my social agency and make me less human. Teachers are not teachers for the money. The holidays give an element of flexibility to our work, which is why so many women are in the profession, as mothers and carers, but this is certainly no compensation for shit wages.
So when we struck today and caused “chaos”, it was because we have self-respect, we give a shit about our society and the young people we work with, and reject the pompous, draconian disdainful attitude of bludgers like O’Farrell. And we loved it! It’s been good for the working class, and good for the unions. Since the rally/strike was announced there have been hundreds of new members recruited to the Teachers' Federation. At the rally, I saw my colleagues glow with pride as the rainbow of union colours swelled into the Domain. Our sense of solidarity in our workplace and across the community was forged.
As an older and usually sceptical union member at my school said in the common room the other day, “The only way to defeat these laws is to get the whole state out on strike!”
http://www.sa.org.au/index.php?option=com_k2&view=item&id=7048:nsw-teacher-why-i-went-on-strike-against-ofarrell&Itemid=392