Emil Ford Lawyers

Free Education Law Papers and Resources



School Sport and the Law Paper - 2011

 

From one of our readers:  "Fantastic read!!  Thank you.  Some very valuable information for those of us involved in Sport in schools.  It is great to have the 'facts' from a legal professional".

Paper by David Ford which examines the law’s response to a variety of practical situations involving school sport, drawing upon legal precedent not only from Australia but also from England and the United States. David considers the school’s duty of care as well as that of coaches, referees, players, parents and volunteers. He considers the current issues surrounding skiing, concussion, privacy, racial discrimination, and drug testing.

 

School Counsellors and Confidentiality - 2011


Paper by David Ford looking at the issue of school counsellors and confidentiality. To what extent are conversations and other communications between school counsellors and their clients “confidential”? Paper includes important legal issues for counsellors including the duty of confidentiality, privacy, situations in which disclosure is proper, admissability, and common law protection.
 

Practical Privacy Issues in Schools - 2010

Paper by Nathan Croot dealing with Schools' legal obligations regarding what they may or may not do in collecting and using information. It is vital that school administrators and teachers are aware of their school’s obligations and take the necessary steps to ensure that the school meets its obligations.

 

Managing the Risks in Off-Campus Activities – 2010

Paper by David Ford dealing with risks involved in off-campus activities and how these risks must be managed.
 

The New Mandatory Reporting Requirements:  Reporting Children at Harm, Then and Now - 2010

Paper by Rod Best, Acting Executive Director Accountability & Review, Community Services, prepared for the Legalwise School Law Seminar.  Covers such issues as:

  • The context for mandatory child protection reporting
  • What has changed?
  • The legal basis for Child Well-Being Units


Parents in Education:  The Legal Issues - 2010

A paper by David Ford discussing issues such as:

What if they mislead the school?
Do they have a duty of care to their children?
Can they take discipline of other children into their own hands?
Are they free to sound off about teachers?
Can they come and go as they please?

 

The true cost of bullying - (paper written for "Teacher - The National Education Magazine") 2009

Paper by Nathan Croot dealing with issues raised by the case of Gregory v State of New South Wales [2009] NSWSC 559.


Practical Issues for Investigators - 2009

Paper by David Ford dealing with several issues that often arise in the course of investigations of allegations of reportable conduct against employees in schools; for example, rules of evidence, hearsay, memories, and previous misconduct.


The Enrolment Contract - 2009

Paper by David Ford delivered to the University of New South Wales' School Law Alert Seminar. It contains practical advice about avoiding misleading and deceptive conduct in school marketing, about the best process for entering the enrolment contract, about the terms to include, about how to avoid disability discrimination and family law problems and about fee collection issues.
 

Tips for Schools Contracting with External Suppliers - 2008

David Ford’s paper was published in Independent School Business. The paper deals with risk allocation, releases and indemnities, authority to sign contracts and personal liability.
 

Lawyers and educators working together to protect schools, teachers and students from You Tube and other websites that malign them - 2008

Michael Winram spoke at the 2008 ANZELA conference in Christchurch New Zealand. This paper examines what can be done about defamatory and other material that appears on websites not controlled by Schools.


Discipline and Procedural Fairness - 2008.

Paper by David Ford delivered to the University of New South Wales' School Law Alert Seminar. It contains valuable guidance for non-government schools writing discipline policies based on the principles of procedural fairness, which are essential for re-registration with the Board of Studies.
 

Cyber Bullying - 2007.

Paper by David Ford delivered to the University of New South Wales' School Law Alert Seminar. This paper covers issues such as basis for Tort Liability, duty of care, breach of duty, bullying out of school, liability, cyberbullying, Commonwealth Criminal Code, Crimes Act 1900 (NSW), what teachers must do when faced with criminal conduct, reporting obligations of teachers, and remedies for victims of cyber bullying.
 

Risk Management when faced with Child Abuse Allegations - 2006

Paper by David Ford presented at the University of New South Wales School Law Alert Seminar. How do Schools fulfil their duty of care to their students and their employees when allegations of child abuse are made against a current employee? This paper covers topics including the legal background to Risk Management, should the School take precautions against a risk of harm?, employment screening, family law, the risk management process, and the Ombudsman's views.


Keeping Students and their Personal Information Safe from Predators, Parents, Teachers and Themselves - 2006

Paper by Michael Winram on privacy issues such as protecting students from unauthorised photographers and withholding students' personal information from parents, students and teachers. 


How flat is your playground? - 2006

Paper by Elisabeth Ford discusses the potential for liability arising from uneven playgrounds. June 2006 edition of Teacher magazine.
 

Family law and the enrolment of students - 2006

Caroline Simpson and Prashanth Colombage's article was published in CCH's Schools Alert.
 

School Excursions: are they worth the risk? - 2005. 

Article by David Ford published in CCH's Schools Alert. 
 

Beyond the Campus: Is it too risky? - 2005

Paper presented by David Ford at the University of New South Wales School Law Alert seminar, examining the risks associated with outdoor education and excursions, both local and overseas. It provides guidelines for schools seeking to manage the risks and to minimise the likelihood of injury to students.
 
 

Legal Issues Facing Schools - 2004

Paper by David Ford given at the Biennial Conference of the Bursars' Association of NSW. This paper includes a wide range of important legal issues for Schools including duty of care, child protection, reportable conduct, volunteers, apologies, employment, anti-discrimination and taxation.
 

Tort Reform: does it affect teachers and schools? - 2004

Paper by David Ford given at the University of New South Wales School Law Alert seminar. This paper considers the practical implications for schools of the legislation that has flowed from governments responding to concerns about increasing litigation and the availability of public liability insurance. Topics covered include the Ipp Report, the common law position, Civil Liability Act 2002, duty of care, the negligence calculus, apologies, are teachers professionals?, obvious risks, recreational activities, warnings, and volunteers.
 

Investigating the Investigators - How not to conduct an investigation in an educational institution - September 2004

Paper presented by David Ford in Wellington, New Zealand at ANZELA's annual conference.
The increased emphasis on child protection in recent years has spawned a new problem for administrators in educational institutions: how to investigate the plethora of allegations against staff and students. Administrators are mostly former teachers who have never been trained in investigative skills. The paper looks at the situation in Hedges v Australasian Conference Association Limited as a case study of how not to conduct an investigation in an educational institution. This case concerned an investigation by the Professional Standards Committee of the Seventh Day Adventist Church in Australia following allegations against a teacher at an Adventist school. The investigation was put under judicial scrutiny and found to be lacking in many respects. The paper outlines the requirements for best practice investigations to ensure procedural fairness and natural justice. It also considers the remedies available for those aggrieved by poor investigations.