BEYON D 2010 International Student Accommodation Industry Seminar Perth
Important Announcements • Housekeeping – Mobile Phones – Toilets – 5 to 10 minute break near the middle – Copy of Presentations will be available to all – Copy of Notes from Seminars will be sent to all – Questions/Discussions can be ongoing
Introductions • David Bycroft: Australian Homestay Network (AHN) • Damian Haber: “The Pad” Student Living • Ella Balsamo: Australian Homestay Network (AHN) • Local AHN Team • ACPET
The Pad Student Living Brisbane’s Largest Student Housing Property Management Company IS GOING NATIONAL • Affordable housing – including utilities, internet and furniture • Diversity of housing choice • Multiple locations • Standardised professional management model tailored to the needs of students : • meets minimum standards – Property Audit Inspection Checklist • customer service focused – student liaison / quality assurance managers • strict adherence to policies and procedures and on-going staff training • regular feedback from students, education partners and clients • Participant of various Government Taskforce Reviews A DIVERSIFIED PROFESSIONAL SERVICES BUSINESS 4
Special Thank You • ACPET • PIER • ENGLISH AUSTRALIA • ISANA and • all who promoted this event
AUSTRALIA WIDE SEMINARS • Wednesday 28 th July – Melbourne (2) • Wednesday 4 th August – Adelaide • Thursday 5 th August – Perth • Thursday 12 th August – Sydney (2) • Wednesday 18 th August – Brisbane • Thursday 19 th August – Gold Coast
Rules • WE HAVE TO RUN TO TIME • THE PACE WILL BE FAST • WE HAVE A TOUGH CHAIRMAN • THERE HAS TO BE DISCUSSION AND QUESTIONS • HOPEFULLY WE CAN ALSO HAVE A GOOD TIME AND… • WORK TOGETHER TO HELP BUILD INDUSTRY DIRECTION AND SOLUTIONS FOR AUSTRALIA AND LOCALLY
David Bycroft • Over 10 years experience in the International Education Industry • Key campaigner for compulsory Visa Length Overseas Student Health Cover (OSHC) • Founding Director of the Australian Homestay Network (AHN) • AHN has been a major contributor to the Senate Inquiry, ESOS Review and various Local and State Government taskforces and reviews
Today's Seminar Format SESSION 1 International Education in Australia (for Dummies) SESSION 2 How Does Student Accommodation Fit In SESSION 3 Introducing the Student Accommodation Industry Association and Trends and Implications for our Industry BREAK SESSION 4 The Significance of the Senate Inquiry SESSION 5 Duty of Care SESSION 6 ‘Where to from here’ Discussion QUESTIONS /COMMENTS WORKING TOGETHER TOWARDS BEST PRACTICE
Definition of Seminar “Formal presentation by one or more experts in which the attendees are encouraged to discuss the subject matter” • This room is full of ‘experts’ and we have the aim to challenge you, stimulate your mind and hopefully bring out the best from the room…. . (and eventually the nation) • Notes from all meetings will be circulated to all
SESSION 1 International Education in Australia (for Dummies)
Session One WEAVING THROUGH THE MAZE “Part of our challenge is to make the complex look simple”
Introducing the Complex 1 2 3 4 5 6 • DIAC • AEI and DEEWR • ESOS • NATIONAL CODE • CRICOS • PRISMS
1. DIAC = Department of Immigration and Citizenship Building Australia’s future through the well-managed entry and settlement of people.
DIAC –relevant objectives 1. Contribute to Australia’s future through managed migration 2. Make fair and reasonable decisions for people entering and leaving Australia 3. Support migrants and refugees to settle in the community and participate in Australian society
2. AEI = Australian Education International AEI • Australian Education International (AEI) is the international arm of the Australian Government Department of Education, Employment and Workplace Relations (DEEWR) • AEI leads strategic policy, regulation and government-to-government engagement in the international education sector
Australian Education International (AEI) “Australia has a reputation as a • safe, • progressive and • dynamic place to study and we maintain this reputation by providing • quality education and • consumer protection specifically developed for overseas students. ”
About AEI “Quality assurance and consumer protection • “We help safeguard the quality and reputation of Australia’s courses, teachers and institutions • We administer the world’s best practice in student consumer protection”
3. ESOS = Education Services for Overseas Students ESOS and associated legislation is the legal framework governing the responsibility of education institutions towards overseas students. EASY GUIDE TO ESOS http: //aei. gov. au/AEI/ESOS/Easy. Guide_ESOS. htm
4. National Code • The National Code is a set of nationally consistent standards that governs the protection of overseas students and delivery of courses • All CRICOS-registered providers must comply with the provisions of the National Code of Practice 2007
National Code Relevant Objectives Protect the interests of overseas students by: 1. ensuring that appropriate consumer protection mechanisms exist 2. ensuring that student welfare and support services for overseas students meet nationally consistent standards and 3. providing nationally consistent standards for dealing with student complaints and appeals;
5. CRICOS = Commonwealth Register of Institutions and Courses for Overseas Students • CRICOS is a database of more than 1200 Australian education Institutions • Any education institution that recruits, enrols or teaches overseas students, must be registered on CRICOS • Education institutions must also register each course they offer to overseas students
How to get on CRICOS? • To get registered an education institution must firstly satisfy state and territory government laws • However the Australian Government retains the final power to register a provider on CRICOS and must be satisfied they comply with the ESOS legislation
6. PRISMS = Provider Registration and International PRISMS = Students Management System • PRISMS is a secure computer system that is the information source for CRICOS • Education institutions and their courses are listed on PRISMS, as is each student studying in Australia on a student visa • That is because this system interfaces with the DIAC data
So In Simple Terms 1. • A Gate Keeper • DIAC 2. • Law Makers • AEI – Part of DEEWR 3. • The Law • ESOS 4. • The Standards and Rulebook • National Code • Member Data Base 5. 6. • CRICOS • Filing Cabinet and Reporting System • PRISMS
Or………. . for those who understand the AFL
In Football Terms 1. • Minister of Sport Gate Keeper (DIAC) 2. • The AFL Law Makers (AEI – Part of DEEWR) 3. • Rule Book The Law (ESOS) • AFL Tribunal 4. Standards and Rule Book (NATIONAL CODE) 5. • Club and Player Register Member Data Base (CRICOS) 6. • Points Table/Stats Filing Cabinet and Reporting (PRISMS) 7. • Players INTERNATIONAL STUDENTS AND US
DEEWR-AEI ESOS Act / National Code DIAC and Migration Act Education Providers on CRICOS State Legislations Student Visa Holders The flow of legislative and compliance impacts on education providers and students
Relevant sites • www. deewr. gov. au • www. aei. dest. gov. au/ESOS/ • www. immi. gov. au
QUESTIONS /COMMENTS/ DISCUSSION
SESSION 2 How Does Student Accommodation Fit In
The Explanatory Guide mirrors the structure of the National Code of Practice 2007 with a focus on Part D. Overseas students differ from domestic students in that they are subject to migration controls and face different needs for consumer protection
It starts with the NATIONAL CODE (Standards and Rulebook) Standard 1 – Marketing Information and Practices Registered providers ensure that marketing of their education and training services is: 1. professional 2. accurate and 3. maintains the integrity and reputation of the industry
Standard 2 - Student Engagement Before Enrolment What’s new: STANDARD 2. 1 • Prior to accepting a student, or an intending student, for enrolment in a course, the registered provider must provide, current and accurate information regarding the following: • a description of the ESOS framework made available electronically by DEEWR • relevant information on living in Australia, including: – indicative costs of living and – accommodation options
Standard 1 Marketing Information and Practices Standard 2 Student Engagement Before Enrolment Comment or Discussion
Standard 5 – Under 18 year students DIRECT FROM ESOS Please note: The principles in the examples below can be applied to all sectors.
Standard 5 – Under 18 year students Welfare and Accommodation Q What would be considered appropriate accommodation for under age students? A There are no specific guidelines. A provider should use their judgement when approving welfare arrangements. They must have documented procedures for monitoring those arrangements. Accredited home stay organisations have guidelines for contracts between carers and students.
GUARDIANSHIP for Under 18’s Q Does the provider need to ensure that the student has a legal guardian in Australia? A There is no requirement under the National Code 2007, the ESOS legislation or DIAC to have a legal guardian.
GUARDIANSHIP • International students studying in Australia on a student visa may require a guardian if they are under 18 years of age • There may also be exceptional circumstances where a student over 18 years of age may need a guardian for religious or cultural reasons
THE KEY IS THE CAAW or THE CAAW IS THE KEY
CAAW IS THE KEY • CAAW = Confirmation of Appropriate Accommodation and Welfare • It is the DIAC proforma letter downloadable through PRISMS • Providers use it to create a Co. E (Confirmation of Enrolment) for a student aged under 18 • Once the CAAW is created, providers have the option to change or advise DIAC if they do not approve care arrangements
CAAW = Confirmation of Appropriate Accommodation and Welfare • If the provider signs the CAAW letter they place a student into, or approve of, arrangements they consider suitable, taking into account the provisos already listed • The provider has a duty of care to contact DIAC if they became aware the student was not being well looked after • Further information on DIAC requirements is at http: //www. immi. gov. au/students
ABSENT Under 18 Student Q Is the homestay provider or education provider responsible for a student who is absent from the homestay without notice? A Once an education provider has nominated dates for which it will approve care arrangements for an under-18 year old student, the responsibility to approve arrangements continues throughout that period.
UNDER 18 REFERENCES • See http: //aei. dest. gov. au/AEI/ESOS/National. Co de. Explanatory. Guide/Part. D/Standard_5. htm • And http: //www. immi. gov. au/students/_pdf/Cha nges-to-migration-regulations-studentsunder-18. pdf
Standard 5 - Under 18 Students Comment or Discussion
STUDENTS AGED OVER 18 Q What duty of care does a provider have for students over 18? A Normal duty of care arrangements apply for students over 18. • This will partly depend on your institution and you may need to research this issue • If there is a particular case you may need to seek your own legal advice
Compliance Tips (Recommended for all ages) • To demonstrate compliance, a provider may need some of the following as evidence: – Documented procedures that outline: • the process involving the recommendation, assessment and approval of accommodation and welfare arrangements. • This should include a process for review and, if necessary, the termination of the arrangement;
Compliance tips (Recommended for all ages) • Documented procedures for checking the suitability of the potential accommodation and welfare arrangements • This should include a policy for ongoing reviews to ensure continued compliance with the provider’s requirements
Standard 6 - Student Support Services This standard ensures that appropriate support services are available to international students to ease the transition into life and study in Australia and to assist them as needed.
Standard 6 - Key Requirements Critical Incident Policy • Providers must have a documented critical incident policy together with procedures that cover the action to be taken in the event of: – a critical incident, – the required follow-up to the incident, – the recording of the incident and – the action taken
Critical Incident The Explanatory Guide for Standard 6. 4 states: “The National Code defines critical incident as ‘a traumatic event, or the threat of such (within or outside Australia), which causes extreme stress, fear or injury’’. Critical incidents are not limited to, but could include: – missing students – severe verbal or psychological aggression – death, serious injury or any threat of these – natural disaster issues such as domestic violence, sexual assault, drug or alcohol abuse.
Standard 6 - Key Requirements ORIENTATION AND SUPPORT SERVICES • Providers must ensure that orientation for all international students is appropriate and thorough • Welfare related support services must be available to students to assist with issues such as accommodation, course progress and attendance requirements • Students must be made aware of the existence of the welfare-related support services and how to access them
Standard 6 - Student Support Services For a provider to show it is complying with Standard 6, it may need some of the following as evidence: • evidence that student support services are not limited to academic issues • evidence of information accessible to students directing them to any available support services • a documented critical incident policy and procedures, and evidence that staff members have an understanding of the critical incident policy • evidence that the information provided during the orientation programme is appropriate and thorough
ISANA (International Education Association) produced an online tutorial covering Part D of the National Code 2007. Go to: http: //www. isana. org. au/national-code-online-tutorial. html. ISANA is working closely with the Australian Homestay Network. It aims to provide a nationally compliant homestay management system together with professional development and support for providers of homestays.
ISANA Working Party 1. No central authority to which we can refer homestay problems 2. Need for an ombudsman for international students in each state 3. Need for National rules / guidelines 4. Inability to common list unsuitable hosts 5. Definitions need clarification (rooming etc. ) 6. Problems which arise when students organise their own homestay though an individual who has advertised online
General Comment or Discussion
Think Before A STUDENT SAFETY INITIATIVE • Think Before is available through a website www. thinkbefore. com • This is a new digital approach which helps warn students to be aware of their surroundings • An initiative of – the Victoria Police, – ISANA and – the Australia Network
ORIENTATION and SAFETY PROJECT STUDENT WELCOME SERVICES: • Online safety courses with Assessment • Students log in and complete each course and exam prior to entry • Institutions access results • Students continue to have access post arrival
Online Orientation Program Topics Non Compulsory Tested Topics • • • Before You Come to Australia (Pre Arrival Information) Overseas Student Health Cover (OSHC) Managing My Finances Life in Australia (Social and Cultural) Critical Incident Plan Complaints and Appeals Processes Public Transport General Fitness (Activities and Exercise) Health and Emergency Services Sun Safety, Bush and Outback Safety Under 18 International Students
Online Orientation Program Topics Compulsory Tested Topics • • • Personal Safety Home Fire Safety Water Safety Road Rules and Road Safety Consumer Safety Social and Community Networks Stress and Relaxation Finding Safe Accommodation Working in Australia
Fire Safety: Induction
Fire Safety: Assessment
Widescreen Presentation Tips and tools for creating and presenting wide format slides
General Comment or Discussion
SESSION 3 Introducing the Student Accommodation Industry Association (SAIA)
Introducing Damian Haber • The founder of “The Pad” Student Living • Over 15 years experience working as an Advisor in Property to both Corporate and Government • Has practiced as a senior property and tax lawyer in both Melbourne and Brisbane (Freehills Lawyers) as well as head of Property Advisory for Pw. C • Damian brings a strong legal and financial background to the student accommodation industry • Adopts a professional approach with Government and legislative requirements in Accommodation • Damian is also the Chairman of the Student Accommodation Industry Association (SAIA)
Disclaimer The information contained in this Paper is intended as a guide only and does not constitute advice nor should it be relied upon as constituting advice by SAIA, The Pad Management Pty Ltd or its representatives. It is highly recommended that you obtain your own independent legal and financial advice in relation to the matters raised in this Paper as well as other considerations that may impact on your decision making. 2
Introduction – A Changing Market The student accommodation industry has grown in significance on account of: • Strong demand for housing and tightening rental market - population growth • Unprecedented growth in the International Education sector • Concerns with existing regulatory environment • Greater awareness among property investors and developers as a growth market • Greater need to balance the needs of the industry against the needs of the community 3
Student Accommodation Industry Association (SAIA) The major areas of focus are: • Greater education and raising awareness of its members • Planning strategy, development and building controls, regulatory framework - to foster a stronger working relationship with Government and industry regulators on matters affecting the student accommodation industry that promotes greater certainty to members; and • Operational management – a deeper understanding of various operational issues and implications affecting members • Representative Body – provide the industry at all levels with a representative body which centralises resources for the benefit of its members 3
Student Accommodation Industry Association (SAIA) The Association's activities include: • public policy advocacy – Government liaison • provision of relevant industry information; and • networking opportunities for members 3
Student Accommodation Industry Association (SAIA) The Association's vision is: • to establish a sound environment to effectively support, monitor and maintain high standards of safety and amenity for both the students as well as the broader community: and • to ensure student's have a positive experience while studying and living in Australia 3
TAKE A BREATH AND A NETWORKING CAFFEINE BREAK
Market Snapshot
General Economic Factors Demand Factors Supply Factors Growth & Sentiment Interest Rates Population Growth Finance Dwelling Approvals DRIVES Sales & Rental Pricing & Market Take-Up 3
Enrolment Numbers Growth International Student Numbers 2002 - 2009 (Australia) Enrolments Growth: Victoria: 19% NSW: 11. 4% Qld: 22. 6% WA: 20. 1% SA: 20. 7% Australia: 16. 8% Market Share: Victoria: 30% NSW: 37% Qld: 16% WA: 7% SA: 5% 17
Contribution to Export Income 17
3 rd largest export behind iron ore & coal – Why is Government proposing to sanction an industry that is a productivity earner ? 18
Major demand source nations projecting GDP Growth 18 Source: Study in Australia Paper
Duration of stay and PR correlation 18
Attrition rates – Domestic v International 19
Room Pricing Analysis - Students 1% 6% $100 -$145 p/w 11% $150 -$175 p/w 27% 9% $180 -$200 p/w $200 -$225 p/w $230 -$245 p/w 15% $250 -$270 p/w 29% $275 -$300 p/w $300 p/w+ Note: This information is indicative only and subject to further detailed analysis 20
Affordable Housing Strategy Report 2008 – Town of Vincent and Implications for Student Market Objective: • Research paper on affordable housing concerns – planning policy and market implications Key Issue: • Lack of knowledge in planning departments – 60% of housing 1 -2 persons • Lack of clear policy and inconsistencies in regulation being unsupportive – granny flat example Purpose: • To formulate a policy to provide for a greater diversity of housing choice and greater affordability Findings: • Reform on population density v housing density -utilisation of existing housing Question: • When? • Status?
Other initiatives City of Canning – Local Planning Policy • Plan amended to exclude lodging and boarding houses because of complaints re amenity issues due to student overcrowding issues Stakeholder Engagement Workshop 2009 • Develop a Curtin student housing model – management plan that addresses community and industry outcomes
WHAT DOES THE INDUSTRY NEED? 1. A regulatory environment that manages the needs of Community with the needs of the Industry – consistent approach Nationally 2. Clear performance criteria to expedite assessment and approvals process 3. Students need greater protection and certainty i. e. Is the Accommodation Code Compliant? 4. Industry needs a holistic service offering that is sustainable SO THAT THERE IS A HIGHER DEGREE OF INTEGRATION BETWEEN UNIVERSITIES / INSTITUTIONS AND ACCOMMODATION PROVIDERS 4
WHAT DOES THE INDUSTRY NEED? 4 5. Housing supply that is: • adequate i. e. timely to meet demand • affordable (better value for money) • meets minimum standards (safety & amenity) • offers a diversity of housing type with greater degree of interaction • close proximity to institution and/or public transport - greater utilisation of existing adopting effective controls • professionally managed (Operational Management Plan) OBJECTIVE: AN INDUSTRY CODE OF PRACTICE FOR ACCOMMODATION IS REQUIRED
SOME KEY OUTCOMES ALREADY? 1. Tenancy legislation that specifically recognises Rooming Accommodation 2. Tailored Insurance Protection established that recognises student accommodation 3. Larger banks now revising credit policy more favourably 4. Proposal for a prescribed Rooming Accommodation planning code 4
Where are we now? Government is seeking leadership and direction from the Industry to respond to current issues facing the industry in a consultative and supportive process. Issue: • Who goes first? • How? • An interim approach that provides the Government with direction is necessary 4
Benefits • Service providers – certainty • Training providers – a holistic service offering for industry • Students – greater support and protection • Authorities – greater enforcement & compliance
HOW DO WE DO THIS? 1. Pre-letting inspection of properties to assess against minimum industry standards – AUDIT CHECKLIST: • Compliance with applicable building and planning laws that address safety, amenity and good neighbourhood principle • Operational Management Plan to address things such as: periodic cleaning, tenant behaviour, privacy, security, tenancy laws, overcrowding, safety certificates, furnishings and fittings, minimum floor spaces and ancillary spaces for common facilities, ratios of sanitary and kitchen facilities to persons, food storage, security, heating, dispute resolution etc 2. Potential Register of student housing facilities
General Comment or Discussion
SESSION 4 The Significance of the Senate Inquiry
The Significance of the Senate – Safety • 3. 15 The committee believes that it is important for Australia to protect and strengthen its reputation as a safe destination for international students
The Significance of the Senate – Safety • 3. 16 The committee is concerned at the evidence surrounding – the lack of personal safety awareness by some international students and – the reluctance to report safety incidents to the police
The Significance of the Senate – Safety Recommendation 1 • 3. 17 The committee recommends that international students be provided with personal safety information including reporting requirements, prior to coming to Australia • This should be reinforced at the orientation session provided by the relevant provider
The Significance of the Senate – Safety • 3. 18 The committee notes that safety is a broad issue and incorporates factors such as fire and beach safety • The committee was told that there are initiatives and partnerships underway to provide this information to international students
The Significance of the Senate – Accommodation Committee View • 3. 60 The committee believes that international students should be provided with more detailed information regarding their accommodation options prior to arriving in Australia • Without adequate knowledge of the rental market and housing options available, international students are likely to continue to experience difficulties • 3. 61 Although international students face particular difficulties in finding accommodation, the committee notes the issue of housing shortages is a problem that affects domestic students as well
The Significance of the Senate – Accommodation • 3. 62 The committee understands that accommodation information is available on the Study in Australia website, but believes that: • information relating to tenancy rights and links to state and territory tenancy unions, should be provided as well so that students are aware of where to turn for advice and with complaints
The Significance of the Senate – Accommodation 3. 63 Regarding providers, the committee understands the varying capacity of providers to offer accommodation for students • As a minimum standard, the committee believes that every provider should provide a link on their webpage to information on housing options, tenancy rights and obligations and where to go for assistance • This could be supplemented by more local information as resources permit
The Significance of the Senate – Accommodation Recommendation • The committee recommends that education and training providers should be required to provide up to date information on their website regarding accommodation in Australia, including information regarding tenancy rights and responsibilities • This may be via a link to the Study in Australia website, however, it may also include more localised information
The Significance of the Senate – Homestay Committee View 3. 71 The committee accepts the evidence that homestay accommodation is beneficial to international students, the host family as well as the community at large • The committee supports calls for more homestay arrangements for international students as part of the solution to accommodation shortages, although the Committee recognises the need to ensure minimum standards are met
The Significance of the Senate – Homestay Committee View 3. 71 The committee commends the Australian Homestay Network (AHN) for ensuring that it meets the appropriate standards • The introduction of mandated industry standards should involve appropriate industry consultation and a careful assessment of the costs and benefits.
Standards submitted to the Senate • An online compliant and accessible/fully trackable/auditable system • An acceptable industry Advisory Board overseeing the integrity of systems and processes • Professional 24/7 phone support including emergency and critical incident management • Appropriate insurances for students and supplementary insurance for hosts • Part of a National Homestay Network committed to continuous improvement
General Comment or Discussion
SESSION 5 Duty of Care
Some relevant history re OSHC…… IN THE YEAR 2000 – Uninsured students were a huge problem (40% of students uninsured) – Many students were confused re their health insurance cover – There was initial industry resistance to Visa Length Cover (VLC) and Program Length Cover (PLC) – Medical claims were eventually made to Institutions for medical expenses incurred by their students who had no insurance – From 2003 to 2010 - the majority of the industry self regulated and moved to Program Length Cover (PLC) voluntarily – On 1 st July 2010 VLC finally became legislated after over 8 years of campaigning and industry self regulation CHANGE IS POSSIBLE!!!!
Welfare and Accommodation Q What duty of care does a provider have for students over 18? A Normal duty of care arrangements apply for students over 18. This will partly depend on your institution and you may need to research this issue. If there is a particular case you may need to seek your own legal advice.
Duty of Care Reference Legal Services, Victorian Government Department of Human Services, Melbourne, Victoria. http: //www. chp. org. au/homepages_accr/items/174538 -upload-00001. pdf
Duty of Care – An Industry Definition - Example • The requirement to take reasonable care of an international student, and • to avoid acts or omissions from industry representatives, which • could reasonably be foreseen as likely to harm or injure the student
Duty of Care • A duty of care is breached if a person behaves unreasonably • Failure to act can also be unreasonable in a particular situation • A duty of care can be breached either by action or inaction • The reasonableness of what a person has done, or not done, is assessed by considering how a hypothetical reasonable person would have behaved in the same situation
Duty of Care • If the person’s job requires special skills or training, the hypothetical person will be assumed to have the same skills or training • • • Manager assessed at management level Advisor assessed at advisor level Marketer assessed at marketer level Etc. It all comes down to what are the reasonable actions for a person at their position’s level
Duty of Care • Judging how reasonable a person’s behaviour has been depends in part on the type of relationship between the institution representative and the international student • The closer the relationship between the Institution and the international student, or the more dependent the student is on the Institution for their welfare • the more the Institution will be required to do to ensure the person is not harmed or injured by its actions
Duty of Care • What is considered reasonable will depend on all the circumstances • What is reasonable in one situation will not necessarily be reasonable in another • An important element in determining reasonable behaviour is the knowledge of the situation • Every case is different
Duty of Care • The Institution may have information or knowledge about particular international students or situations • If that knowledge is available to the Institution it must be taken into account in considering what action to take • It is no defence to say the particular institution representative/employee was unaware of the available information (e. g. Legislation, Industry Groups, Senate Inquiries, Reviews, etc. )
Duty of Care Injury/Harm • For negligence to occur there must have been some harm caused • The types of harm recognised by the courts include: – physical injury – nervous or emotional shock – financial loss
Duty of Care • The harm must be caused by the unreasonable actions of the Institution/representative/employee for the Institution to be liable for negligence • An important element in determining reasonable behaviour is the knowledge of the situation
Duty of Care – What is Reasonable This list of factors must be used by Institution representatives/ staff to ensure reasonable decisions are made by the Institution. No single factor can be relied upon by itself to justify acting in one way rather than another: • The risks of harm and the likelihood of the risks occurring • The sorts of injuries that may occur, and how serious they are • Precautions which could be taken • The powers which Institution employees have • The usefulness of the particular activity which involves risks • Any statutory requirements or specific directions from the Institution • Current professional (industry) standards about the issue All factors will need to be considered together to determine what is reasonable.
Duty of Care – What is Reasonable • The fact that a client gives their consent or expresses a wish to do a particular thing does not justify the Institution or an agency acting unreasonably to help the client perform that activity • The Institution must act reasonably in the way it uses its powers and the consent of a client does not alter this.
Duty of Care – Precautions • The availability of precautions must be considered • If the risks of harm from an activity can be reduced or eliminated by taking relatively simple precautions, then • it will not be reasonable to proceed without taking those precautions • Representatives/employees must use their professional judgement to assess whethere are precautions which could be taken in any particular situation
Duty of Care – Precautions If, for example, the Institution was aware that a complaint had been lodged about some aspect of an accommodation service provider • which caused harm to a student and • a second student was injured and • the Institution had taken no action on the initial complaint • the Institution is likely to be found negligent
Duty of Care – Guideline • There is no neat, convenient solution to all the issues raised by the Institution’s duty of care to its students and others • The simplest guide is that as long as representatives/ employees behave reasonably, the Institution will not be found to have acted negligently • Similarly, as long as the Institution has appropriate systems in place to assure itself that agencies also act reasonably in work with students, the Institution will not be found to have acted negligently
Duty of Care – Delegating Activities or Duties • Often the law says a duty cannot be delegated. As such it will stay with the original person or body • This is true even though the original person tries to delegate it to someone else • This will not prevent the getting someone else to perform the duty (for example, by contracting out the work), but if something goes wrong the responsibility original person will stay with the original person or body
Duty of Care – Three Important Factors 1. Staff training and Professional Development a. Legislation b. Industry standards c. Experience hand over 2. Standards a. Adoption of the right standards b. Adherence to the right standards 3. Documentation a. Policies b. Procedures c. Processes
General Comment or Discussion
SESSION 6 Where to from here?
OPEN DISCUSSIONS • • • ACCOMMODATION WEB SITES ACCOMMODATION REFERRALS ON CAMPUS NOTICEBOARDS HOMESTAY STANDARDS “WELCOME TO AUSTRALIA” HOMESTAY STUDENT ACCOMMODATION INDUSTRY ASSN HOUSE INSPECTIONS PRE DEPARTURE ORIENTATION OTHER?
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BEYON D 2010 International Student Accommodation Industry Seminar Perth
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