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Vol 21 No 11 Nov/Dec 2016

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Higher Education and the Law

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Edited by: Sally Varnham, Patty Kamvounias, Joan Squelch

ISBN13: 9781760020255
Published: June 2015
Publisher: The Federation Press
Country of Publication: Australia
Format: Paperback
Price: £44.99



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This book is the first in Australia dedicated to the legal environment of our universities. The law both drives and governs the evolution of Australia’s strong and vibrant system of higher education. Here, experts explore a wide range of areas of topical and salient interest, providing a comprehensive resource for those both within and outside the sector, including managers, governors, academics, legal practitioners and all who have an interest in the impact of the law on its operations.

While their primary function today remains the provision of higher education and research, Australia’s universities are now large commercial global corporations. Their operations involve the management of a diverse range of relationships, both internal and external, and the law plays a central role in these. Higher Education and the Law first considers the legal framework of the higher education sector and the relationships universities have externally, particularly with government – their governance, their funding and accountability, and their maintenance of high standards and quality. It then traverses many of the areas where the law has a significant impact on the relationships universities have with their students and their staff.

In a clear and readable style, the book covers matters from anti-discrimination and equal opportunity, transparency and due process in decision-making, employment and student matters, to property rights such as copyright and ownership of intellectual property. It focuses on those issues of the most practical relevance to today’s higher education environment.

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Subjects:
Other Jurisdictions , Australia
Contents:
Foreword by Pamela Madafiglio and John Birrell
Preface
About the Contributors
Table of Cases
Table of Statutes

Introduction to Higher Education and the Law
Sally Varnham, Patty Kamvounias and Joan Squelch

PART I: THE LAW OF HIGHER EDUCATION
1. The Legal Framework of Higher Education
Joan Squelch
2. University Governance: Responsibility and Accountability
Sally Varnham
3. The Student Voice in University Decision-making
Jade Tyrrell and Sally Varnham
4. Indigenous Knowledges: A Strategy for First Nations Peoples Engagement in Higher Education
Irene Watson and Marcelle Burns
5. The Regulation of International Higher Education
Gaby Ramia
6. ‘The Next Two Decades are Going to Be Transparency’: Regulatory Challenges for Universities
Helen Fleming

PART II: THE LAW AND HIGHER EDUCATION
7. The Contract Between the University and the Student
Francine Rochford
8. Students and the Australian Consumer Law
Patty Kamvounias
9. Student Conduct and University Discipline
Bruce Lindsay
10. Resolution of Student Grievances within Universities
Anita Stuhmcke, Bronwyn Olliffe and Maxine Evers
11. Public Sector Ombudsmen and Higher Education
Patty Kamvounias
12. Diversity, Affirmative Action and Higher Education
Joy Cumming and Ralph Mawdsley
13. Disability Standards for Education
Elizabeth Dickson
14. Employment Law
Jacquie Seemann and Katie Kossian
15. The Tort of Negligence and Higher Education
Robert Horton, Kerry Smith and Abigail Tisbury
16. Workplace Health and Safety
Joan Squelch
17. Academic Freedom and University Autonomy
Nigel Stobbs
18. Copyright Law and Higher Education
Michael Fraser
19. Intellectual Property Rights and Commercialisation of Research in Higher Education
Mary Wyburn
20. Alternative Dispute Resolution in Higher Education
Myles Stilwell

Index