Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

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Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006

Transcript of Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Page 1: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Christian Schools National Business Conference

Legal Issues in Enrolment

11 October 2006

Page 2: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Overview

Enrolment involves much more than legal issues but the consummation of the enrolment process involves a set of legal considerations that will now be surveyed.

Page 3: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Contract of Enrolment

Essential relationship is that of contract

Form of Contract

Terms of Contract

Express Terms

Implied Terms

Page 4: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Contract of Enrolment

Contracting Parties

The College Contracting Party

Parent Contracting Parties

Page 5: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Contract of Enrolment

Essential Terms

Whether or not the enrolment fee is refundable or non-refundable;

The requirement to pay fees; Fee increase provisions; Reimbursement of reasonable expenditure

on behalf of a student;

Page 6: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Contract of Enrolment

Essential Terms cont.

Late payment implications and interest on overdue amounts;

Notice period for withdrawal from enrolment; A provision protecting the school against

claims for loss, damage or theft of students’ personal property;

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Legal Issues in Enrolment

Contract of Enrolment

Essential Terms cont.

Provisions for dealing with collection, storage and disclosure of information;

Indemnity by the parent for damage arising out of failure of the student or parents to comply with any school codes or other rules;

Variation of contract procedure.

Page 8: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Contract of Enrolment

Essential Terms cont.

Variation of Contract

Trade Practices Issues

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Legal Issues in Enrolment

Discrimination Issues

Overview

Brief outline of discrimination by educational authorities

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Legal Issues in Enrolment

Discrimination Issues

Considerations at Enrolment Stage

Disability Issues

Religious Discrimination

Page 11: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Other Issues

Students Attaining the Age of Majority

Page 12: Christian Schools National Business Conference Legal Issues in Enrolment 11 October 2006.

Legal Issues in Enrolment

Presented by:Graham CorneyCorney & Lind LawyersPO Box 236RBH Post Office Qld 4029Ph: (07) 3252 0011Fax: (07) 3257 7890Email: [email protected]:corneyandlind.com.au

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