Education Law Notes – Term 1, 2025
Published on March 6, 2025 by David Ford, Thomas Felizzi, Stephanie McLuckie and Courtney Lawes
I trust you have had a wonderful start to 2025!
The recent Privacy Act review has led to significant legal reforms and schools need to ready themselves to navigate these changes. In this article, we outline how your school might consider approaching this critical and evolving landscape.
A recent news article highlighted the increasing numbers of teachers claiming psychological injury from work pressure, bullying and exposure to violence in schools. We review a recent case and discuss important learnings for school leaders.
If you cast your mind back to the challenging days of 2020, you may well remember the phrase “flexible home learning”. We take a look at a matter brought before the NSW Civil and Administrative Tribunal where a school refused a student the ability to continue “flexible home learning” despite his mother having an immune-compromised condition supported by medical certificates.
Finally, we examine a Fair Work Commission case where a school rejected an employee’s application for primary caregiver paid parental leave after that employee had already taken non-primary caregiver paid parental leave.
Enjoy the read!
Regards,
David
Navigating Privacy Law Reform and Preparing for the New Statutory Tort
The Privacy and Other Legislation Amendment Act 2024 (Cth) was passed by the Federal Parliament in November 2024 and received Royal Assent on 10 December 2024. This Act amends the Privacy Act 1988 (Cth) and marks the implementation of the first ‘tranche’ of privacy reforms, following the government’s response to the Privacy Act review.
To understand how schools should navigate these changes, please read more here.
Increasing work pressures on teachers and claims of psychological injury
A recent article published in the Sydney Morning Herald reports that a rising number of teachers in New South Wales schools are suffering from psychological injuries caused by work pressure, bullying and exposure to violence in schools, tripling the total bill for injuries in the last six years. Leading a school or being part of a management team within an education setting, it is important to know how to be prepared for psychological injury claims and to deal with them properly, efficiently, with care and in accordance with relevant internal policies and procedures in place.
Click here for the full article.
Disability Discrimination and Flexible Home Learning
FVN v Secretary, Department of Education [2023] NSWCATAP 301 (8 November 2023)
There are lessons to learn from this case in which the NSW Department of Education denied a student access to flexible home learning on the ground of his mother’s disability. Read our article here.
Employees entitled to both “primary” and “non-primary” parental leave – the importance of interpretation in Enterprise Agreements
A Queensland school employee was successful in appealing the prior decision of the Fair Work Commission and had the Full Bench affirm he was entitled to both primary and non-primary caregiver leave under his school’s Enterprise Agreement. To read more about this case and the key learnings for schools operating with enterprise agreements, click here.
Upcoming events
Legalwise School Law Webinar
Stephanie McLuckie will speak on “Risks Associated with Vexatious and Bullying Parents”
Tuesday, 25 March 2025
Time: 1-2pm
The Education Network 10th Annual Schools Law Conference
David Ford will speak on “Gender and Sexuality In Schools: A Delicate Balancing Act”
Thursday, 22 and Friday, 23 May 2025
Melbourne
The Education Network Webinar
David Ford will speak on “Gender and Sexuality In Schools: A Delicate Balancing Act”
Tuesday, 3 June 2025
Time: 11am – 12noon AEST
LawSense School Law Seminar
David Ford will speak on “ Excursions, Camps and Trips, Risk Assessment and Management Workshop: Implementing Best Practice, Including Navigating Students with Conditions, External Providers and Staff Risks”
Tuesday, 17 and Wednesday, 18 June 2025
UTS Aerial Function Centre, Ultimo or via Zoom
