Overview

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. \nWhile 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. \nIn 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.

Full Product Details

9781760020255

Table of Contents

Reviews

This is another publication by The Federation Press, being the only legal publisher in Australia which regularly publishes legal works of the highest calibre. This work tackles the very difficult and often murky area of the legal environment of Australian Universities. Largely due to the reprehensible reluctance of Courts to adjudicate upon anything within University walls, for many years the operations, accountability and governance of most Australian universities has been poor at best, but, more regularly, dysfunctional. Of particular concern has been the inability of Australian Universities to properly administer their own internal processes with even a modicum of regularity; this is especially so in areas such as promotions and appointments and the awarding of degrees, prizes and medals. Moreover, as the authors of this work identify, Universities are no longer internally-focused, learning and teaching institutions. They are now large commercial global organisations with international contracts and agreements, many of which relate to substantial profit making ventures. This most interesting work first considers the current legal framework of higher educational facilities and the external relationship which they have with government and then considers issues of governance, funding and accountability and the processes in place (even if rarely complied with) for ensuring the maintenance of standards and quality. The remainder of the book deals with those areas of the law which impact upon the relationship between higher education institutions and their students. The legal issues surrounding the operation of higher education institutions are developing and becoming ever more prominent. This well written and readable work provides a very clear basis on which to analyse almost any legal issue which might arise in this context. - Queensland Law Reporter - 29 May 2015 - [2015] 20 QLR

The book provides a handy reference for university counsel, advisers, managers, committee members, and student advocates. The links between topics covered by the different chapters are explained, and cross references included ... I will be very glad to take a copy of the book to meetings of university committees. - Professor Pamela O'Connor, Head of the USC Law School, Faculty of Arts, Business and Law, University of the Sunshine Coast, Queensland, Australia.

Author Information

Dr Joan Squelch is an Associate Professor in the School of Law at the University of Australia Notre Dame (Fremantle). Patty Kamvounias is a Senior Lecturer in Business Law at The University of Sydney Business School. Dr Sally Varnham is a Professor of Law at the University of Technology, Sydney.

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