Affecting Both Instructors and Administrators

 

Education Act (WA) The Act and pursuant policies have detailed duty of care provisions regarding schools. These affect VET in Schools.

West Australian College of Teaching Act (2004) Persons teaching in schools will need to become members of WACOT. VET teachers who are not regular teachers have a particular category.

Australian training quality indicator reporting Summary | More

Legal liability (common law)

Legal liability for volunteers: Volunteers (Protection from Liability) Act 2002

People doing voluntary community work can't incur civil liability for their work unless they :

• knew (or should have known) that they were acting outside the scope of the community work,
• act contrary to the organization's instructions, or
• are significantly impaired by alcohol or drugs.

The community organization that organizes it incurs the liability, and it can't make an agreement with the volunteer that will get them out of the liability.

Access and Equity:

Affirmative Action (Equal Employment Opportunity For Women) Act 1986 (Cmwlth)
Age Discrimination Act 2004 (Cmwlth)
Equal Opportunity Act 1984 (WA)
Disability Services Act 1993 (WA)
Human Rights and Equal Opportunity Commission Act 1986 (Cwlth)
Racial Discrimination Act 1975 (Cmwlth)
Racial Hatred Act 1995 (Cmwlth) More
Sex Discrimination Act 1984 (Cmwlth)
Disability Discrimination Act 1992 (Cmwlth)
Affirmative Action (Equal Opportunity for Women) Act (1986)

These acts variously prohibit discrimination on the grounds of age, sex, marital status, race, colour, national or ethnic origin or disability.

Disability Standards for Education 2005 (plus Guidance Notes)

National training policies:

National Training Framework
User Choice
National Reporting System
Regulations regarding use of Endorsed Packages.

Australian Qualifications Framework (AQF) (Ministerial Council on Education, Employment, Training and Youth Affairs MCEETYA) Qualifications must comply with these levels. They also form a backdrop for interpreting endorsed units, although the level have quite different meanings in different industries. See www.aqf.edu.au. For a summary see this link.

Trade Practices Act Consumer law requires us to provide what is advertised, give refunds, and be honest in advertising. More | Changes

Intellectual Property:

Copyright Act
Innovation patent
Moral rights
Trade marks: The ACAS logo a registered trade mark and we can sue anybody who pirates it. See the website for more or see The Trade Marks Application kit (IPAustralia, Woden ACT, 2002).

The Oaths Affidavits and Statutory Declarations Act 2005 (WA) Act does not include academic staff of private postsecondary instructions as eligible to witness Statutory Declarations. It has a list of persons that includes persons authorized under the Statutory Declarations Act 1959 (Cwlth). This Act does not include private postsecondary teachers either.

Occupational Health and Safety There is duty of care for employees and other persons  Read also:

• relevant sections of the WA Act
• 2004-05 changes
• General duty of care [Civil Liability Act 2002 (WA)]
• Commonwealth Acts and guidelines
• Workers’ Compensation and Injury Management Act 1981 (WA)
• the ACAS policy
• general OHS procedures

Privacy Act (1988) (Cmwlth) Don't disclose people's information without their written consent. More | Read Commissioner's email Under the 2011 quality framework, we have to be able to verify student qualifications. As a specific legal obligation, this overrides the Privacy Act.