Future educational negligence in Australia for vulnerable students

Aw-Yong, Jennifer (2010) Future educational negligence in Australia for vulnerable students. In: Proceedings of the Australia and New Zealand Education Law Association 19th Annual Conference, pp. 6-22. From: ANZELA 2010: Australia and New Zealand Education Law Association 19th Annual Conference, 29 September - 1 October 2010, Sydney, NSW, Australia.

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Abstract

Complaints of educational harm usually involve educators' failure to diagnose the learning needs of students or failure to provide an appropriate education. Currently, redress is mainly through legal claims brought in contract or statutes such as Trade Practices Act and anti-discrimination legislation. Many of the anti-discrimination cases have been dismissed due to technical difficulties in proving discrimination or the defendant's argument of unjustifiable hardship.

To date in Australia, there has been no decided case of educational harm brought in the tort of negligence, ie, educational negligence. This paper postulates that if a test case of educational negligence reaches the court, it is possible that the court may endorse a duty of care on the defendant educator to provide non-negligent education, especially if the plaintiff is a vulnerable student who is either gifted or has an impairment.

Item ID: 23471
Item Type: Conference Item (Refereed Research Paper - E1)
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Date Deposited: 22 Oct 2014 01:46
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180126 Tort Law @ 50%
13 EDUCATION > 1303 Specialist Studies in Education > 130312 Special Education and Disability @ 50%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940401 Civil Justice @ 50%
93 EDUCATION AND TRAINING > 9302 Teaching and Instruction > 930201 Pedagogy @ 50%
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