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"Protecting Children In Australian Schools: Teacher Use Of Force And Restraint And Legal Challenges"   flag 

[2015] IntJlLawEdu 6
Cumming, Joy J; Mawdsley, Ralph D
International Journal of Law and Education
Australia

Legislation Cited

Legislation Name Provision
Crimes Act 1900 (ACT)
Children and Young People Act 2008 (ACT) s7, s9, s223, s226, s878
Education Act 2004 (ACT) s26
Human Rights Act 2004 (ACT)
Schools Assistance (Learning Together--Achievement Through Choice and Opportunity) Act 2004 (Cth) s14, s31, s46
Crimes Act 1900 (NSW) s24, s61
Children and Young Persons (Care and Protection} Act 1998 (NSW) s158
Education Act 1990 (NSW) s31
Ombudsman Act 1974 (NSW) s10, s25
Education (General Provisions) Act 2006 (Qld) s50
Criminal Law Consolidation Act 1935 (SA) s20
Education Act 1972 (SA) s9
Children, Young Persons and Their Families Act 1997 (Tas)
Education Act 1994 (Tas)
Crimes Act 1958 (Vic) s31
Charter of Human Rights and Responsibilities Act 2006 (Vic) s10, s12, s21, s43, s44
Child Wellbeing and Safety Act 2005 (Vic)
Disability Act 2006 (Vic) s23, s24, s58
Education and Training Reform Act 2006 (Vic) s1.1.2
Education and Training Reform Regulations 2007 (Vic) s15
Children and Community Services Act 2004 (WA) s10, s11, s113, s118
School Education Act 1999 (WA) s6, s11B

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Queensland College of Teachers v Mears [2012] QCAT 327 Queensland Civil and Administrative Tribunal Australia - Queensland 23 Jul 2012 AustLII flag
State School Teachers' Union of WA (Incorporated) v The Director General, Department of Education [2012] WAIRComm 127 Western Australian Industrial Relations Commission Australia - Western Australia 7 Mar 2012 AustLII flag
"The Nationalisation of Education in Australia and Annexation of Private Schooling to Public Goals" (2012) 17 (2) International Journal of Law and Education 7 International Journal of Law and Education Australia circa 2012 AustLII flag
Harvey v Department of Education and Training of New South Wales [2009] NSWIRComm 1076 New South Wales Industrial Relations Commission Australia - New South Wales 23 Dec 2009 AustLII flag
Peter John Ayling v Director-General Department of Education and Training [2009] WAIRComm 413 Western Australian Industrial Relations Commission Australia - Western Australia 26 Jun 2009 AustLII flag
Re Moran and Victorian Institute of Teaching [2007] VCAT 1311; 27 VAR 187 Victorian Civil and Administrative Tribunal Australia - Victoria 31 Jul 2007 AustLII flag
Barry Johnson v New South Wales (Department of Education and Training) [2006] NSWIRComm 275 New South Wales Industrial Relations Commission Australia - New South Wales 15 Sep 2006 AustLII flag
New South Wales Department of Education and Training v New South Wales Teachers Federation (on behalf of Mossfield) [2006] NSWIRComm 210; (2006) 155 IR 257 New South Wales Industrial Relations Commission Australia - New South Wales 13 Jul 2006 AustLII flag
Barry Johnson v NSW (Department of Education and Training) [2006] NSWIRComm 109 New South Wales Industrial Relations Commission Australia - New South Wales 26 Jun 2006 AustLII flag
NSW Department of Education and Training and NSW Teachers Federation (on behalf of Anthony Mossfield) [2006] NSWIRComm 10 New South Wales Industrial Relations Commission Australia - New South Wales 30 Mar 2006 AustLII flag
New South Wales Teachers Federation (on behalf of Anthony Mossfield) and NSW Department of Education and Training [2005] NSWIRComm 464; 58 AILR 200-219 New South Wales Industrial Relations Commission Australia - New South Wales 14 Dec 2005 AustLII flag
Right of New South Wales (Department of Education and Training) v O'Sullivan [2005] NSWIRComm 198; (2005) 143 IR 57 New South Wales Industrial Relations Commission Australia - New South Wales 12 Jul 2005 AustLII flag
Department of Education and Training [2004] AIRC 503 Australian Industrial Relations Commission Australia 28 May 2004 AustLII flag
Right of New South Wales (Department of Education and Training) [2003] NSWIRComm 74; (2003) 125 IR 361 New South Wales Industrial Relations Commission Australia - New South Wales 31 Mar 2003 AustLII flag
New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511; (2003) 77 ALJR 558; [2003] Aust Torts Reports 81-684; (2003) 24 Leg Rep 2 High Court of Australia Australia - Commonwealth 6 Feb 2003 AustLII flag
Lepore v New South Wales [2001] NSWCA 112; (2001) 52 NSWLR 420; [2001] Aust Torts Reports 81-609 Supreme Court of New South Wales - Court of Appeal Australia - New South Wales 23 Apr 2001 AustLII flag

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