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Find Lawyers in Australia for Education Law

Practice Area Overview

Lawyers who practise in the area of Education Law need to have specialised knowledge of the education sector. They should have a high level of understanding of the legal issues relevant to the operation, administration, and management of schools, universities, and other further education institutions such as TAFEs and private vocational education and training (VET) providers.

Add to this the complexities of dealing with various government departments and regulations relating to government and independent education in each of the states and territories, the sector is best left to those with appropriate expertise and knowledge.

Those who practice in this area of law need to have an in-depth understanding of the gambit of matters that affect education providers and the various stakeholders in the education industry, whether at primary, secondary, post-compulsory, or tertiary education levels.

Lawyers will deal with matters that include: terms and conditions for admission/enrolment; bullying and harassment; child protection standards including mandatory reporting regimes, duty of care obligations including in the online school environment and in relation to sport, camps, and excursions; commercial and contractual arrangements with third party providers; compliance with Commonwealth and State legislation concerning governance and regulatory requirements; employment practices and terms and conditions for employment of staff; staff conduct and performance management; constitutional and other governance matters; data protection and privacy; debt recovery; teacher registration; professional disciplinary hearings and appeals; discrimination in education including adjustments for students with special needs or a disability; industrial relations; boarding house arrangements; fee disputes; foundations and trusts; parent associations; information technology including appropriate use and cyberbullying; investigations and inquiries; occupational health and safety; parent behaviour matters; policy and procedure reviews and compliance; procurement, property, and construction and local planning requirements; scholarships and funds; social media; sponsorship agreements; student and parent issues; and taxation applicable to not for profit organisations. 

Lawyers may be experienced in acting for the education provider or institution, through its CEO/Principal, board, or council, or for the individual student and/or their families.

Steven Troeth, Partner Gadens

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