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Law and Ethics for Australian Teachers [Minkštas viršelis]

(University of Southern Queensland), (University of Southern Queensland), (St Peters Lutheran College)
  • Formatas: Paperback / softback, 296 pages, aukštis x plotis x storis: 247x175x16 mm, weight: 504 g, Worked examples or Exercises
  • Išleidimo metai: 28-Jun-2021
  • Leidėjas: Cambridge University Press
  • ISBN-10: 1108724760
  • ISBN-13: 9781108724760
  • Formatas: Paperback / softback, 296 pages, aukštis x plotis x storis: 247x175x16 mm, weight: 504 g, Worked examples or Exercises
  • Išleidimo metai: 28-Jun-2021
  • Leidėjas: Cambridge University Press
  • ISBN-10: 1108724760
  • ISBN-13: 9781108724760
Getting to grips with law and policy can be daunting for beginning and established teachers alike. Law and Ethics for Australian Teachers provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the broader school environment. This book breaks down the relevant case law, as well as state and territory legislation and policy, in an accessible way to help readers navigate these complex issues. It covers topics including duty of care and mandatory reporting, work health and safety issues, family court orders and parenting plans, suspensions and exclusions, and criminal law issues. Each chapter features case studies, definitions of key terms, detailed scenarios and end-of-chapter questions to help readers understand a wide range of professional issues. Written by a team of authors with both teaching and legal expertise, Law and Ethics for Australian Teachers is an essential resource for pre- and in-service teachers.

Law and Ethics for Australian Teachers provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the broader school environment. This book breaks down the relevant case law, as well as state and territory legislation and policy, in an accessible way to help readers navigate these complex issues.

Daugiau informacijos

Provides an overview of the professional, legal and ethical issues teachers may encounter in the classroom and the school.
Foreword v
Andrew Pierpoint
Preface xv
Mark Butlin
Acknowledgements xviii
Introduction: Overview of the Australian legal system 1(8)
Noeleen McNamara
Chapter 1 Duty of care inside and outside of the school 9(24)
Mark Butlin
Introduction
10(1)
Negligence
10(7)
Duty owed
11(1)
Breach of duty of care
12(3)
Damage or loss
15(2)
Defences
17(1)
Vicarious liability
18(1)
Non-delegable duty of care
19(1)
Bullying and cyberbullying
20(1)
Authoritative cases on duty of care
21(10)
Ramsay v Larsen (1964)
21(1)
Richards v State of Victoria [ 1968]
22(1)
State of Victoria v Bryar [ 1970]
22(1)
Geyer v Downs (1977)
23(1)
Trustees of the Roman Catholic Church for the Diocese of Bathurst v Koffman [ 1996]
24(1)
Commonwealth v Introvigne (1982)
25(1)
Oyston v St Patrick's College [ 2013]
26(1)
Warren v Haines [ 1987]
26(1)
St Anthony's Primary School v Hadba (2005)
27(1)
Kretschmar v Queensland [ 1989]
28(1)
New South Wales v Lepore (2003)
28(1)
Samin v Queensland and Rich v Queensland (2003)
29(1)
S v The Corporation of the Synod of the Diocese of Brisbane [ 2001]
30(1)
Conclusion
31(2)
Chapter 2 Privacy issues 33(16)
Kerrie Anglin
Introduction
34(1)
School counsellors
35(1)
The difference between personal and sensitive information
36(1)
The issue of children's privacy
36(1)
Privacy and related legislation
37(1)
Privacy principles
38(10)
Non-government schools and the Australian Privacy Principles (APPS)
38(4)
Government schools
42(4)
Other issues relating to privacy
46(2)
Conclusion
48(1)
Chapter 3 Anti-discrimination within the school context 49(17)
Noeleen McNamara
Introduction
50(1)
A definition of 'discrimination'
51(1)
Racial discrimination
51(2)
Racial Discrimination Act 1975 (Cth)
51(2)
Sex discrimination
53(6)
Transgender and intersex students
54(1)
Discrimination on the basis of gender
55(1)
Discrimination on the basis of religion - non-government schools
56(3)
Disability discrimination
59(4)
Remedies for disability discrimination
63(1)
Age discrimination
63(1)
Conclusion
64(2)
Chapter 4 Work health and safety issues 66(17)
Kerrie Anglin
Introduction
67(1)
WI-IS legislation and regulations
68(1)
Understanding the difference between hazards and risks
69(1)
Process for managing risks
70(11)
Identifying the hazard
70(1)
Assessing the level of risk
71(2)
Controlling the risk
73(1)
Inspections and documentation
74(1)
Risk assessments and the curriculum
75(1)
Risk assessments and school excursions
76(5)
Conclusion
81(2)
Chapter 5 Orders and parenting plans under family law 83(20)
Kerrie Anglin
Introduction
84(2)
The Family Court and the 'best interests of the child'
86(3)
Parental responsibility
89(1)
Orders and plans available under family law
90(5)
Consent orders
90(1)
Parenting plans
91(1)
Parenting orders
92(1)
Interim orders
93(2)
The role of an independent children's lawyer
95(1)
Family law issues at school
96(2)
When a parent comes to collect a student unexpectedly
97(1)
Subpoenas and giving evidence in family matters
98(3)
Conclusion
101(2)
Chapter 6 Child protection and mandatory reporting 103(24)
Kerrie Anglin
Introduction
104(1)
The Royal Commission into Institutional Responses to Child Sexual Abuse
105(2)
The various types of abuse
107(6)
Physical abuse
108(1)
Exposure to family violence
109(1)
Emotional child abuse
109(1)
Neglect
110(1)
Sexual abuse - grooming
111(2)
Keeping children safe in schools
113(1)
Australia's obligation
113(1)
Working with children checks
114(2)
Current child protection regime
116(1)
Child protection legislation and obligation to report
116(1)
Mandatory reporting
117(2)
The obligation
117(2)
Immunity
119(1)
Duty of care and reporting obligation
119(1)
Duty to report under professional or industry policy
120(3)
Failure to report
123(2)
Penalties
123(2)
Conclusion
125(2)
Chapter 7 Suspensions and exclusions 127(12)
Noeleen McNamara
Introduction
128(1)
Government schools
128(6)
Disciplinary options available to the principal before exclusion
129(1)
Suspension of student by the principal
129(2)
Exclusion of students
131(1)
Refusal of enrolment
132(2)
Cancellation of enrolment
134(1)
Non-government schools
134(1)
Law of contract governs dealings with school
134(1)
Exercise of discretion to suspend or exclude students
134(1)
Exclusion of parents from school premises
135(2)
Government schools
136(1)
Non-government schools
136(1)
Conclusion
137(2)
Chapter 8 Criminal law matters in the school 139(12)
Noeleen McNamara
Introduction
140(1)
Power to prohibit items from school premises
140(2)
Power to search students' possessions
142(1)
Specific provisions about drugs and prohibited weapons
143(1)
Power to remove students' property
143(1)
Power to search students
144(1)
Disclosure of information to police
145(1)
Anti-social and extremist behaviour
146(1)
Corporal punishment
147(1)
Assault
148(1)
Conclusion
149(2)
Chapter 9 Cyberbullying and other online problems 151(14)
Noeleen McNamara
Introduction
152(1)
A definition of 'cyberbullying'
152(2)
Responsibilities of the school to prevent cyberbullying
154(1)
The role of the Commonwealth eSafety Commissioner
155(1)
Criminal liability for cyberbullying
156(1)
Other online activity - sexting
157(3)
Criminal offences arising from sexting
158(2)
Stalking offences
160(1)
Private prosecutions
161(1)
'Bring your own device' policies
161(2)
Conclusion
163(2)
Chapter 10 General ethical responsibilities of teachers 165(23)
Mark Butlin
Introduction
166(1)
Initial considerations
167(1)
Situated ethics
168(3)
Code of Ethics for Teachers
171(6)
Professional boundaries for teachers
175(2)
Government schools
177(4)
Non-government schools
181(3)
Discrimination in religious schools
183(1)
Ethics and social media
184(2)
Situated ethics in practice
186(1)
Conclusion
186(2)
Chapter 11 Professional regulation and teacher registration 188(14)
Mark Butlin
Introduction
189(1)
Regulation of the teaching profession
189(2)
Professional regulation requirements
191(5)
Non-government schools' registration and standards
195(1)
Teacher registration
196(4)
National teacher registration in Australia
199(1)
The need for teacher regulation
200(1)
Conclusion
201(1)
Chapter 12 Disciplinary proceedings against teachers 202(17)
Mark Butlin
Introduction
203(1)
What is a disciplinary proceeding?
203(2)
What matters give rise to disciplinary proceedings?
205(10)
Internal policy breach
206(1)
Breach of employment contract
207(2)
Breach of professional standards and conduct
209(4)
Criminal matters
213(2)
Regulatory bodies' process for dealing with allegations
215(1)
What teachers can do to protect themselves
216(1)
Conclusion
217(2)
Chapter 13 Protections afforded to teachers 219(13)
Noeleen McNamara
Introduction
220(1)
Physical assault
220(3)
Assault by students
220(1)
Assault by parents/other adult members of the community
221(2)
Defamation
223(3)
Identification
223(1)
Defamatory meaning
223(1)
Publication
224(2)
Allegations of bias and discrimination
226(1)
Teacher safety: General considerations
226(4)
Recording conversations
226(1)
Child safety
227(1)
Disabled students
227(2)
Risk assessments
229(1)
Documents granting indemnities
230(1)
Conclusion
230(2)
References 232(14)
Index 246
Mark Butlin is a Lecturer in the School of Teacher Education and Early Childhood at the University of Southern Queensland. Noeleen McNamara is a Senior Lecturer in the School of Law and Justice at the University of Southern Queensland. Kerrie Anglin is a long-standing member of the Australia and New Zealand Education Law Association and a teacher at St Peters Lutheran College, Queensland.