Authorised by Academic Registrar, April 1996
Objectives Upon successful completion of this subject, students should have developed knowledge and understanding of the legal framework of education in Australia, the legal concepts and the nature of the methodology of legal research. Students should be able to demonstrate skills in comprehending, analysing and assessing the significance of legal source materials; undertaking independent basic legal research; determining the implications of the law for their professional practice; and making oral presentations on selected subject matter. Students should have developed values or attitudes which show an awareness of the legal rights and responsibilities of the participants in the educational process; an awareness of the need to maintain an up-to-date knowledge of the legal context of their professional activities; an awareness of the need in their professional activities not to go beyond the parameters of the educators' and administrators' professional role; an awareness of the need to seek professional legal advice only from qualified legal practitioners currently engaged in the practice of law.
Synopsis The aim of the subject is to provide educational administrators with an understanding of the nature of the impact of aspects of the law upon the organisation and practice of Australian education. The subject will begin with a brief general introduction to the Australian legal system and to legal sources and methodology. This will be followed by an examination of the legal framework of education and of constitutional issues in Australian education. The impact of laws such as copyright law, anti-discrimination law, affirmative action legislation, freedom of information legislation, and aspects of employment law on the work of educational administrators will be examined. Students will be advised as to other subject topics which might include, for example, rights in education, negligence and malpractice or the powers of the University Visitor, which will be the subject of student seminar presentations.
Assessment Participation in discussion and oral presentation: 20% + Assignment (2000-word case commentary): 20% + Assignment (6000 words): 60%