School education

Butler, Desmond A. & Mathews, Benjamin P. (2008) School education. In Monahan, Geoff & Young, Lisa (Eds.) Children and the Law in Australia. LexisNexis, North Ryde, NSW, pp. 302-328.

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Primary and secondary schools are subject to many different forms of legal regulation. Across Australian jurisdictions, there are lengthy statutes devoted to regulating schools. As well, many other statutes apply schools, such as those relating to criminal law, defamation law and discrimination law. Many common law rules, including those related to negligence, apply to disputes occurring commonly in school contexts. Non-government schools also have obligations under contract law concerning their treatment of students. State and territory education departments, and non-government schools and their authorities, have developed numerous policies concerning different situations which potentially involve legal liability. With over 9600 schools in Australia in 2006, having nearly 240,000 full-time equivalent teaching staff and almost 3.4 million full-time school students,1 the increasingly complex legal context adds challenging demands for teachers, principals, managers and educational administrators as well as parents and children. Several recent books have been published which explore many of these legal issues in detail, demonstrating the growing importance of the law in primary and secondary education.2 This chapter will provide insights into selected areas that are both significant legally, and which appear to be of particular relevance to children‘s education, as well as to teachers and schools. Consequently, we will focus mainly on the liability of schools to students in negligence, and on issues regarding the disciplining of students. Both within and beyond these topics, contentious issues and areas of likely or desirable reform will also be noted.

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ID Code: 18401
Item Type: Book Chapter
Additional Information: For more information about this book please refer to the publisher's website (see link) or contact the author.
Keywords: law, schools, children, negligence, discipline, HERN
ISBN: 9780409323900
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law not elsewhere classified (180199)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2008 Lexis-Nexis Australia
Deposited On: 02 Mar 2009 00:11
Last Modified: 29 Feb 2012 13:44

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