School Law & Education Law
Schools, Colleges & Universities
Our lawyers have had decades of experience in working with and professionally advising the Boards and leaders of Schools and Educational Institutions.
Registration and Endorsement as Charities
Educational Institutions may be for profit or not for profit.
To be exempt from tax, non profit educational institutions in Australia need to be registered as a Charity with the ACNC and endorsed as Charitable by the ATO. Endorsements needs to be reviewed annually by the educational institution to ensure that the institution is still entitled to those endorsements.
Additional endorsements (registrations) are also usually required under State based Stamp Duty and Land Tax legislation.
Common “School Law” issues for schools & educational institutions
In addition to the not for profit tax endorsement issues the education sector faces a series of legal issues which require not just good legal advice but legal advice that thoroughly understands the educational context. Our lawyers understand and regularly advise educational bodies on:
- Tax Concessions / DGR Funds
- ACNC compliance
- Accreditation and Registration issues
- Enrolment contracts and processes
- Discrimination
- Discipline
- Staffing / Employment (including collective agreements)
- Governance
- Legal Structures
- Constitutions
- Property (acquisitions, disposals, leasing, licensing, easements)
- Charitable Trusts
- Leasing / Licensing / Hire arrangements
- Risk Management & Insurance
- Sensitive Information and Reporting obligations
- Complaint handling
- Family law issues
- ATO reviews and audits
