COMMENTS

Wordpress (2)
  • John Donnelly 2 weeks

    Any child who is misled by a school principal or other non family person has the right to sue for negligence and it would be extreme for State legislature to interfere in this right. Parents too should sue the person involved.  
    Surely, the right to legal redress is a human right and state laws that sought to reduce or limit those rights are contrary to legal principles.
    It is facetious that a school principal is qualified either by training or experience to give sound advice in this matter.
    Expert legal opinion would be useful and the possibility that State legislation that limits the rights of a juvenile Australian might be invalid or at least displayed as a viscious invasion of the child’s freedom should be publicised. It might make the school principal conscious of risk.
    The writer is  a Doctoor of Jurisprudence and one-time senior teacher/academic tutor.

  • George Burke 2 weeks

    It needs to be remembered that schools, principles & teachers only have the rights over the children in their care delegated to them by the parent(s)/carer(s).
    Any actions taken by them without consent, either directly or implied, is a breach of their duty of care.
    They also need to be careful in assuming implied consent as the issue needs to be clearly in the schools rules or guidelines or other clearly written procedures readily available & commonly known about, otherwise it cannot be considered implied.
    My father twice revoked part of the principles’ rights when they were being abused by injustice.
    If something is in the school’s rules, guidelines or procedures every parent/carer has the right to challenge it’s implementation in regards to their child, removing the right to implement such issue over their child or removing their child from that school if the school will not accept the parent’s/carer’s right to exercise their authority over their own child.
    (This of course doesn’t extend to family abuse which isn’t a right for anyone)