ABSTRACT

In South Australia, Tasmania and Victoria statutory boards are given the task of determining matters relating to the registrations of schools. The state and territory Education Acts are of prime importance and generally provide for primary and secondary education, and in some jurisdictions for preschool education. Educational administrators are becoming increasingly aware of the interface of education and the law. A legal issue of considerable importance for educators arises from the common law tort of negligence. School car access and parking areas need to be identified and kept ‘pupil-free’. Specific funding legislation is passed for grants to the states for schools, for the technical and further education sector, and for higher education. School councils are statutory bodies and derive their powers and responsibilities for the management of government schools solely from legislation and subordinate legislation, although these powers and responsibilities are also generally limited by ministerial direction.