A human rights analysis of a claim for educational negligence in Australian schools

Dalby, Rosemary Antonia (2013) A human rights analysis of a claim for educational negligence in Australian schools. Professional Doctorate thesis, Queensland University of Technology.


This thesis argues that an action in educational negligence should be available in Australia to provide a remedy for failure by schools and teachers to provide an adequate education as required by Australia’s human rights obligations. The thesis substantiates a duty of care to provide an adequate education under general principles of the law of negligence in appropriate cases. Although some protection exists for disabled students in Australia’s anti-discrimination and other legislation, non-disabled students are not afforded redress under existing causes of action. The educational negligence action provides a suitable remedy in an era of professional educational accountability.

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997 since deposited on 13 Aug 2013
253 in the past twelve months

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ID Code: 61834
Item Type: QUT Thesis (Professional Doctorate)
Supervisor: Butler, Des & Cockburn, Tina
Keywords: educational negligence, human right to education, educational policy, adequate education, schools' practices, teachers' practices, literacy curriculum
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Institution: Queensland University of Technology
Deposited On: 13 Aug 2013 05:45
Last Modified: 04 Sep 2015 02:53

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