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The Effectiveness of Waivers in Schools

QUEENSLAND A parents ability to waive their children’s rights has not been extensively considered in Queensland. Queensland appears to be one of the only States where there has been a failure to legislate the authority for parents to waive their children’s rights in a liability waiver. For example, in New South Wales under s 5M … Read more

Memorandum on information privacy law

Information Privacy Law as a Current and Evolving Issue  Due to Facebook-Cambridge Analytica, Lloyd v Google LLC, and COVID-19-related contact tracing regimes imposed around the world giving rise to widespread collections and exchanges of data and personal information, the concerns around the role and operation of privacy law has been on an upslope.[1]   Organisations such as schools, businesses, restaurants, cafes, churches and their related entities must pay attention to how privacy … Read more

UPDATE: Mandatory Reporting of Child Sexual Offences

The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 Update: On 13 May 2021, the Queensland Governor Paul de Jersey proclaimed that these new provisions will commence from 5 July 2021. Ensure that your Child Protection Policy, strategy and procedures are up to date – contact one of our School Law … Read more

It’s the Effort that Counts – Isn’t It?

Apparently, it’s not the effort that counts when it comes to education and student achievement. A recent Supreme court decision highlighted this in finding that Universities are under no obligation to confer degrees on students merely because they put in a good effort and ‘worked hard’. See: Alskeini v Queensland University of Technology.[1] Background: A … Read more

Three Key Changes to the QLD Criminal Code relating to Child Sexual Offences Reform

Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 was assented to by Queensland Parliament on 14 September 2020.   This article will summarise three key changes to the Criminal Code which have arisen from this amending Act. Note … Read more

Case Note – University of Queensland & Anor v Y [2020] QCA 216

The case of University of Queensland & Anor v Y [2020] QCA 216 provides an insight into the prospects of contractual obligations of learning institutions for students who have since left or graduated. The implications of this decision of the Queensland Court of Appeal extends widely to learning, religious and incorporated bodies and prompts important … Read more

Student’s Poor Performance – Who is responsible?

COULD A SCHOOL OR EDUCATIONAL PROVIDER BE LIABLE IN NEGLIGENCE FOR A STUDENT’S POOR PERFORMANCE DURING COVID-19? What happens when a school fails to deliver the grades a parent expects, or a student needs to get into university? With concerns around the quality of teaching during COVID-19, and its effects on a student’s performance, the … Read more

COVID-19 Emergency Response Bill 2020

Last night the Queensland Parliament passed the COVID-19 Emergency Response Bill 2020 (the “Bill”). The Bill gives the Queensland Government a broad range of powers to make a number of extraordinary regulations with respect to; Parliament of Queensland Act 2001 (the “Parliament Act”);  residential, retail and other leases;  attendance at places or meetings;  making and … Read more