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LAW ASSIGNMENT

LAW ASSIGNMENT: LAW2211/5211 (Semester 1 2015)
Congratulations! You’ve just been hired as a junior solicitor at the up-and-coming Toowoomba law firm of Wolfram and Hart. Your first case file has landed on your desk and requires immediate attention.
Paging through, you can see it all started with media attention a few months ago on another report comparing the proficiency of Australian schoolchildren in math, science, and reading with those of other schoolchildren around the world. In the recent Federal elections, the party that was swept into power made a major campaign promise to make Australia’s educational system the envy of its international peers. To that end, last week the Commonwealth Parliament passed into law the National Education Standards Act 2015. The relevant portions of the Act are as follows:
Section 1: Definitions
(a) “educational institution” means any entity, organization, or other permanent body that has a or the primary goal of instructing pupils aged 5 to 18 years of age in the subjects of mathematics, reading comprehension, or science literacy;
(b) “National Education Standards” means the body of principles pertaining to primary and secondary education duly promulgated by the Ministry of Education and altered from time to time;
(c) “Commonwealth Educational Proctor” is an individual appointed by the Minister of Education to fulfil the duties described in Section 4.

Section 3: Appointment of a Commonwealth Educational Proctor
The Minister of Education is hereby authorized to appoint a Commonwealth Educational Proctor for any or all educational institutions active in any State or Territory.
Section 4: Role of a Commonwealth Educational Proctor
The Commonwealth Educational Proctor of an educational institution shall:
(a) Be permitted full right of physical access to that educational institution, including its management, its employees, and its students;
(b) Be permitted to attend and speak at all staff meetings, school council meetings, student assemblies, and other organised activities taking place in or near that educational institution;
(c) Be permitted to review all records maintained by that educational institution, be they physical or digital;
(d) Be permitted to attend and review all classroom activities, lesson plans, or other pedagogical materials used or intended for use in that educational institution;
(e) Report to the Minister of Education no less than once every two months on the current ability and future potential of that educational institution to comply with National Education Standards;
(f) Recommend to the Minister of Education at the end of each calendar year whether that educational institution and its management should be subject to such remedial action as current or future legislation permits.
Section 5: Cooperation Required; Penalties for Noncompliance
No educational institution, including its management, staff, or students, shall interfere with a Commonwealth Educational Proctor’s good faith attempt to fulfil his or her duties described in Section 4. Breach of this provision is a summary offence carrying a $500 fine per instance of interference.
In a speech accompanying the introduction of the bill on March 10th, Minister of Education Craig Pelton stated: “I have been advised by the Attorney-General that this legislation is in full compliance with the Australian Constitution. The Commonwealth is empowered, indeed, obligated, by our ratification of Articles 28 and 29 of the United Nations Convention on the Rights of the Child to take positive action to rectify the neglect of certain State governments in this area.”
During debate over the bill on March 13th, Opposition MP Richard Snyder expressed outrage: “Mark my words, this is just the first step to a Federal takeover of education! This bill may not seem coercive, but it’s just a slippery slope to future legislation relying on the ‘external affairs’ power that sees the Commonwealth closing down schools, replacing school principals with patronage appointments, ignoring parents, and having decisions affecting entire communities made by faceless bureaucrats in Canberra. The Constitution doesn’t give the Commonwealth any power over education, and there was a reason for that!”
Your client is Kearneys Spring State School, an otherwise unremarkable school in southern Toowoomba. After the passage of the National Education Standards Act 2015, the Minister of Education appointed a Commonwealth Educational Proctor for the school to commence duties in July of 2015. The school has asked whether it must comply with the Act.
LAW2211: Write a client advice letter to Kearneys Spring State School stating your expert legal opinion on whether the Act is supported by the external affairs power. LAW5211: Include a discussion of whether the Act would violate the Melbourne Corporation principle of intergovernmental immunity.
The letter must be submitted through StudyDesk by midnight on April 22nd. Assessment criteria are on Study Desk. Comply with word count limits (LL.B.: 3500; J.D.: 5000). Use the AGLC and be very careful to avoid plagiarism: provide references and use quotation marks as discussed in the mandatory readings provided on StudyDesk.

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