The right of a state to control the entry, the subsequent operation and termination of foreign investment is unlimited, as it is a right that flows from sovereignty. The entry of any foreign investment can be excluded by a state. Entry can also be subjected to conditions as to how a foreign investor should conduct his investment after entry. The process of foreign investment is entirely internal and hence subject to the sovereign control of the host state. But, a sovereign entity can surrender its rights even over a purely internal matter by treaty. Some regional and bilateral investment treaties now provide for the right of entry and establishment of investments to the nationals of contracting states. Where such pre-establishment rights are created by treaty, the denial of a right of entry to any investor from one of the contracting states would amount to a violation of the treaty, unless it can be shown that his investment is not covered by the treaty.

While many children are born into families where parents generally care for their health and education and strive to provide them with safe and happy home lives, other children are not as fortunate and are subject to maltreatment such as abuse or neglect (Australian Government, Department of Social Services, ). Most parents have the capacity to provide love, care and support for their children while others need extra help along the way. There are parents who may appear to neglect their child; however, they may be struggling with a disability and poverty through a work or health situation (Australian Institute of Family Studies, ). Responding to the children in such vulnerable families is an integral focus of Australia’s welfare system (Fernandez, ).

The previous chapter dealt with the general disciplinary issues that can arise in government and non-government schools. The most extreme aspects of a student’s conduct might well amount to criminal behaviour. This chapter focuses on the criminal and potentially criminal conduct that can arise in a school, and various responses that can be made by principals and teachers.

Disciplinary proceedings may be brought against a teacher in many forms and for many reasons. If a teacher in Australia is perceived to be doing the wrong thing or involved in some form of misconduct, proceedings against that teacher may be brought both in civil and criminal jurisdictions. Just recently in a major metropolitan weekend newspaper (Dibben, ), it was highlighted that 50 teachers in one year in that particular state had external proceedings brought against them for a variety of sexual and misconduct matters. This resulted in them being prohibited from teaching for a period of time or ever joining the teaching profession again. In this chapter we explore what disciplinary proceedings mean and how they may come about. A number of common and lesser known actions by teachers that may lead to such proceedings are examined. The process for dealing with allegations followed by the external agencies that regulate the behaviour and actions of registered teachers is also discussed. The chapter concludes with some general comments about how teachers can protect themselves, in terms of understanding their obligations in the first place and ensuring that natural justice has been followed in reaching a fair outcome in any action that they are the subject of.

Bullying is not a new problem for teachers, principals and the school community in general to deal with. However, the advent of smart devices and their widespread availability has seen the rise of a new dimension in bullying – that of online, or cyber, bullying. The ‘Digital Education Revolution’ program that was launched by the federal government in 2007 saw laptops being provided to high school students. Electronic devices are now anaccepted study tool, with many schools having a ‘bring your own device’ policy while others charge a levy and provide devices to students. So students have the tools and justification to access devices, both at school and after hours, in order to complete their homework and study.

Schools, just like any other workplaces, are not exempt from the risk of accidents; in fact, schools are environments in which there are a range of possible hazards as well as risks that need to be considered to ensure the safety of staff, students, volunteers, parents and contractors working onsite (Queensland Government, Department of Education, 2019a). It should be remembered that schools and teachers are also responsible for the safety of staff and students during sports and swimming carnivals, school excursions and other activities that are school events but not held on the school grounds. Risk assessments and duty of care also come under the banner of WHS.

Professional regulation occurs in, and for, many professions in Australia. Similar to the legal and engineering professions, regulation in the education profession is a key factor in the development and maintenance of appropriate standards for members of the profession. There are a number of professional bodies, one in each state and territory in Australia, that exist to manage registration of members of the teaching profession (i.e. school teachers). In addition to this, they ensure that members fulfil a number of requirements to continue to be part of, and practise in, the profession in their jurisdiction. Refer to Table 10.1 in Chapter 10 for the names of each of these state and territory professional bodies, established to ensure the apposite professional standing of teachers in the community. In this chapter we first explore professional regulation in general and then consider the multidimensional approach to regulation that is at work at a number of levels in the various jurisdictions in Australia. We proceed to elucidate teacher registration by exploring what teachers have to do to initially become registered and remain registered, and conclude by examining why there is a need for professional regulation in the first instance.

Schools are the keepers of personal and sensitive data which is provided at the time of enrolment and entrusted to the school. As the student progresses through his or her academic years, further information and performance data are collected and stored in order to best gauge the position of the student and provide support. Some of this information is for administrative purposes while other data is collected to track achievement or bring attention to a particular area of need. With the convenience and space available for online and cloud storage of student data, teachers have an increased responsibility towards protecting personal information. This information can typically include names, addresses, religious affiliations, nationality, date of birth, behavioural notes and medical information. Photographs, video clips, and online and hard-copy documents used in schools also fit the criteria of personal information (Australian Law Reform Commission, ). Personal information is not limited to students as it can also apply to staff, volunteers, contractors, parents and others who are connected to the school.