The "Disability Discrimination Act 1992" (Cth) (DDA) prohibits discrimination by schools against students with disability. The DDA and the associated Disability Standards for Education 2005 (Cth) (DSE) also impose a positive obligation on schools to make reasonable adjustment for students with disabilities. The promise of inclusion…

The Disability Discrimination Act 1992 (Cth) (DDA) appears to offer powerful remedies to students who have been refused enrolment, excluded after enrolment or denied educational opportunities or benefits because of their disability. The Act prohibits discrimination on the ground of disability in the protected area of education and obligates…

The Foreign Influence Transparency Scheme Act 2018 (FITS Act) requires persons or entities, including universities, who engage with the Australian political landscape on behalf of a foreign principal, to register under the scheme. The High Court of Australia's recent decision in LibertyWorks Inc v Commonwealth of Australia [2021] HCA 18 may cause…

From the standpoint of a MOOC practitioner (i.e., a MOOC provider) instead of a rigorous comparative law researcher, this article attempts to analyze the potential legal issues and risks underlying instruction via MOOCs and compare these legal issues and risks between the small jurisdiction Macao and such major jurisdictions as the United States,…

Non-consensual sterilization is one of the characteristic historical abuses that took place mainly in the first half of the 20th century. People with intellectual disability (ID) were a prime target as part of the ideology of negative eugenics. In certain jurisdictions, laws were in force for several decades that permitted sterilization without…

This paper examines trust as a fundamental aspect of fiduciary relationships in education. The specific relationship under examination is that of academic employee and university employer. Both have the value of trust assigned to them as an implicit part of their social and professional contract. The setting is Australia, but the principles apply…

Australia has legislation in the form of the "Disability Discrimination Act 1992" (Cth) and the "Disability Standards for Education 2005" (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of…

The volume provides a comprehensive discussion of special education from across the globe. The volume includes chapters from major countries such as United States, Canada, United Kingdom, Russia and Japan as well as countries such as Nigeria, Israel and Pakistan. Discussions related to these countries will include information on origins of special…

This article presents a synthesis of previous ideas relating to student evaluation of teaching (SET) results in higher education institutions (HEIs), with particular focus upon possible validity issues and matters that HEI decision-makers should consider prior to interpreting survey results and using them summatively. Furthermore, the research…

In recent years, the issue of the extent to which an individual has or should have the right to religious freedom, and to manifest that freedom by wearing particular items of clothing, has become very contentious. Some nations have seen fit to ban the wearing of particular items of clothing thought to have religious significance, at least in some…

This article builds on Lugg's (2006) discussion of surveillance in public schools and how queer youth are resisting schools' current efforts to regulate sexual orientation and gender expression in the U.S. and internationally. Legal complaints initiated by queer youth against their schools for harassment and access to extra-curricular activities…

In a companion article, we considered legal issues in language and culture in private schooling in two U.S. contexts: "Silva v. St. Anne Catholic School" and "Doe v. Kamehameha Schools". In this article, we consider the facts and findings of these two cases under the human rights and antidiscrimination legal frameworks of…

The United Nations Convention on the Rights of the Child, ratified by Australia, states that the 'best interests of the child' shall be a primary consideration in all decisions about children, yet these are rarely considered in Australian education-related legislation and policy. This article considers the history and current practice of national…

This article examines several legal cases in Canada, the USA, and Australia involving signed language in education for Deaf students. In all three contexts, signed language rights for Deaf students have been viewed from within a disability legislation framework that either does not extend to recognizing language rights in education or that…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…