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2 weeks ago | 
mondaq.com | David Ford |Tim Grellman |Stephanie McLuckie
An April 2025 decision from the Full Bench of the Fair WorkCommission demonstrates the importance of carefully preparingdetailed written reasons for refusing a flexible work arrangementrequest. In short, the Full Bench found in Naden v Catholic SchoolsBroken Bay Limited that the employer school'sconsideration of and written reasons for refusing an employee'sflexible work request were insufficient (even though theemployer's reasonable business grounds were set out in therefusal).
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Nov 18, 2024 | 
mondaq.com | David Ford |Bill Madden |Stephanie McLuckie |Samuel Chu
The law never stops! Despite the end of the year being only a
few weeks away, there are important and relevant legal issues to
bring to your attention. We trust these Notes will be helpful to
you in your important work with children and young people and in
your leadership in the school context.
First, we look at a recent High Court decision which confirmed
that the law in Australia is that an employer is not vicariously
liable for the conduct of anyone who is not an employee.
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Sep 20, 2024 | 
mondaq.com | David Ford |Stephanie McLuckie |Samuel Chu
It was wonderful to have many of you join us in person and
online for our Charity Law Day last month.
Stephanie McLuckie spoke that day on the challenges faced by
schools relating to the use of social media and smartphones by
students. In her article below, she shares how schools can protect
themselves and their students.
Volunteers are so valuable to schools and other not-for-profit
organisations.
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Apr 16, 2024 | 
mondaq.com | David Ford |Samuel Chu |Stephanie McLuckie
I trust 2024 has started well for you and your schools. By all accounts, it's been as busy for you as for me and our team.
The task of keeping up-to-date on current and emerging legal issues is never ending.
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Nov 15, 2023 | 
mondaq.com | Stephanie McLuckie |David Ford
To be eligible for financial assistance, a non-government school
in NSW must not operate for profit, as defined in section 83C of
the Education Act 1990 (NSW). This requires the income and
assets of a school to only be used for the operation of the
school. Further, any payments by the school for property,
goods or services must be for the operation of the
school, for no more than reasonable market value and not
be in any other way unreasonable in the circumstances.
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Sep 19, 2023 | 
mondaq.com | David Ford |Stephanie McLuckie
We all recognise that both the school and its staff have a duty
to take care of the students. The school is liable for injury to a
student caused by the failure of a teacher to take reasonable care
for the student's safety. This is a vicarious liability. The
school is also liable where the injury is caused by a failure in
the school's administration. This article discusses if a
failure to discipline a student constitutes a breach of the duty of
care to another student.
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Sep 13, 2023 | 
mondaq.com | David Ford |Stephanie McLuckie |Samuel Chu
Registered non-government schools, religious organisations that
provide education, and other charities should consider the impact
of the Australian Taxation Office's recent Decision Impact Statement on their ability to
seek or maintain Deductible Gift Recipient endorsement for a
"school building fund".
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Aug 30, 2023 | 
mondaq.com | David Ford |Stephanie McLuckie
Since the launch of ChatGPT at the end of 2022, it is
increasingly clear that AI technologies and computer-generated
works (including content produced by ChatGPT) are here to stay.
It isn't just ChatGPT either. AI art generators such as
NightCafe are also gaining traction.
Recently, the Chrome web browser phone application was updated
to include a 'homework helper' extension that will solve
maths problems, with working, for you. Seemingly overnight, these
technologies have become commonplace.
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Aug 22, 2023 | 
mondaq.com | Stephanie McLuckie
Online posts and unauthorised social media accounts can be
incredibly damaging to a school's reputation, and to the
reputation of school leaders, staff and board members. While you
cannot necessarily prevent damaging posts or unauthorised accounts
from popping up, once you are aware of them you can take action to
have such content removed. This article explains how schools can
manage their online presence, unauthorised posts and anonymous
accounts.
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Jun 25, 2023 | 
mondaq.com | David Ford |Samuel Chu |Stephanie McLuckie
Social media accounts have the power to connect us with our
community and those outside our current network. Yet, we all know
the power social media has to damage relationships and ruin
reputations. In this issue, we set out our top tips for managing
your school's online presence, unauthorised posts and anonymous
accounts.
In the last two editions of Education Law Notes, we
considered the increasing concerns of vaping and your duty of care
for the young people in your schools.
