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Education Law Notes - Term 3 2023

Education Law Notes – Term 3 2023

Published on August 18, 2023 by David Ford, Samuel Chu and Stephanie McLuckieDavid Ford, Samuel Chu and Stephanie McLuckie

Change is inevitable. In this edition of Education Law Notes, we look at various legislative changes and updates which are important for you to know and to consider their implications for your school.

Across Australia, these changes include the Australian Consumer Law’s unfair contract terms (with a focus on your school’s enrolment contract) and considerations of religious freedom for faith-based schools.

Specifically for New South Wales schools, there are changes afoot in relation to anti-discrimination laws and religious vilification and we have updates on complying with not-for-profit requirements.

As always, enjoy the read!

Warm regards,


David Ford

Recent updates to the Australian Consumer Law: School contracts and unfair terms

Independent schools across the country need to keep abreast of the changes to the unfair contract provisions of the Australian Consumer Law that are scheduled to come into effect in three months’ time.

Click here to read more.

Facing discrimination complaints: exemptions for Faith-Based Schools

Faith-based schools play a significant role in Australia’s education system (accounting for approximately 30% of registered non-government schools), providing academic instruction within the context of religious teachings. However, the issue of discrimination within faith-based schools has sparked intense debate in recent years, requiring a delicate balance between preserving religious freedom and ensuring that individuals are not subject to unfair treatment or exclusion.

Click here to read more.

Changes to New South Wales anti-discrimination laws on the horizon

Schools in New South Wales should be aware of two recent developments affecting the state’s anti-discrimination laws. These developments may affect how your school can comply with anti-discrimination laws in New South Wales.

Click here to read more.

Latest updates in the not-for-profit requirements for NSW Non-Government Schools

In this article, we review two recent decisions relating to two different schools to provide further guidance to NSW independent schools about the operation and construction of section 83C of the Education Act 1990 (NSW).

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