No Jab, No Play requirements tightened

The Victorian Government has tightened the “No Jab, No Play” laws by banning early childhood services from accepting letters from doctors excusing children from immunisations. Since 1 January 2016, early childhood services have been required to obtain evidence of a child’s immunisation history, as part of the Victorian government’s no jab, no play policy. Specifically, […]

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Employee unfairly terminated after suspension of WWC Check – schools must take a cautious approach

Schools should tread carefully when considering whether to terminate the employment of a teacher or other employee whose Working with Children Check has been suspended because of pending criminal charges. A recent case before the Fair Work Commission, following a series of similar cases in New South Wales, concerned a teacher whose employment was terminated […]

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Data breaches by schools – complying with the Mandatory Data Breach scheme

The Notifiable Data Breach scheme which requires organisations, including schools, to mandatorily report eligible data breaches to the Office of the Australian Information Commissioner begins on 22 February 2018. An eligible data breach will occur if: there is unauthorised access to, unauthorised disclosure of, or loss of, personal information held by the school; and a […]

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Are you ready for changes to the National Quality Framework?

From 1 October 2017 changes to the Education and Care Services National Law and Regulations (as implemented across Australia) will take effect in all States and Territories, except in Western Australia where the changes will take effect from 1 October 2018. A revised National Quality Standard will also take effect in all jurisdictions from 1 […]

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School uniform policy found to be discriminatory on religious grounds

A Melton Christian school has been found to have discriminated against a young Sikh student because its uniform policy explicitly required boys to have short hair and did not permit students to wear any head coverings related to a non-Christian faith. The student, who was 5 years old, had uncut hair and wore a head […]

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WWC Checks – changes to strengthen protections but is a WWC Check enough for schools?

From 1 August 2017 changes came into effect to increase the protection for children by broadening the type of contact with children for which a working with children check is required. However, schools should carefully consider whether in all cases relying only on a WWC Check is enough. Prior to the changes, a WWC Check […]

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Reportable conduct scheme – Principals obliged to ensure School policies are compliant

From 1 July 2017 school Principals will be obliged to ensure compliance with the Reportable Conduct Scheme introduced by amendments to the Child Wellbeing and Safety Act 2005. The Scheme will be administered by the Commission for Children and Young People, including by overseeing investigations or conducting investigations itself. School Principals will be obliged to […]

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Developer Left in the Dark as Builder Garnishes $11 Million from Developer’s Bank Account Without Notice

In the recent decision of Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 a Contractor was able to garnish $11 million from the Principal’s bank account using the NSW security of payment legislation. The Principal was caught by surprise because at the time the money was garnished from its bank […]

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