Education

Our specialist multi-disciplinary team knows the world of education, having worked in the sector for decades.

We understand the strict regulatory environment in which public and private education providers and institutions operate. We help them to navigate the complex system of laws and regulations that govern Australia's education system.

We work with early learning centres, public and private schools, universities, private higher education providers, VET and other post-secondary education providers to assist them achieve their business and education objectives.

We also assist with industry partner collaborations, sponsorship and consortia agreements, research and development agreements, service agreements, and commercialisation and monetisation arrangements.

Regulatory advice

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We advise on the full range of regulatory requirements that govern education providers and their services in Australia. Our services include advice on the registration of education providers and the accreditation of courses, responding to issues arising out of compliance audits and negotiating third party and other agreements and responding to issues arising out of compliance audits, where necessary, the conduct of formal administrative appeals and related court proceedings.

Compliance

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With a raft of regulations governing education providers in Australia, compliance (and effectively responding to compliance audits and other regulatory inquiries) is essential to the ongoing and successful operation of education providers. Our team has significant experience in assisting clients as they engage with government regulators (including TEQSA, ASQA and various Federal and State government departments), rectify compliance issues or seek reviews of adverse decisions. We have advised on the compliance regimes established under:

Higher Education Standards Framework (Threshold Standards);
VET Quality Framework;
ESOS and CRICOS;
Department of Education and Training; and
State education legislation.

We assist on school funding issues and the application of the Australian Education Act 2013 (Cth), including applications for approval as an approved authority and the review of adverse determinations, and the limitations imposed by State education legislation on the activities of schools that are publicly funded. We also have experience acting and advising in relation to government grants and funding for special projects and research, education and development.

Governance

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We advise on board and governance issues for public and private higher education and VET providers, including in relation to regulatory compliance, funding and relationships with stakeholders including such as churches and other religious organisations.

Property

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Our Property team are experienced in all real estate needs for education providers, from the acquisition and disposal of property to development of new infrastructure, accommodation facilities and leasing. We also advise on refurbishment, facilities maintenance and operations, project delivery model selection, procurement and tender processes and assessment, letters of intent, construction (including fit-out) contracts, consultants agreements, project management agreements, and equipment supply and installation agreements. We have specialist knowledge of issues which are specific to Education sector clients – we provide strategic insight and work with key stakeholders of our client as part of their project team.

Employment, Workplace health and safety and student issues

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Thomson Geer's Employment Workplace Health and Safety team assists education providers with all matters involving staff and students. We advise on:

teaching and non-teaching contracts, performance and conduct issues including reportable conduct, inquiries and disciplinary matters, terminations and claims;
interpreting awards, drafting and negotiating enterprise agreements, industrial action and dealing with disputes;
child protection, from both employment and general compliance perspectives;
relationships with students, including enrolment contracts; admission issues such as potential discrimination; behavioural and disciplinary issues and student complaints;
bullying (including cyber bullying) affecting students and staff: policies, training, responding to issues and complaints;
safety, including contractor management and safety management systems for school excursions and events.

Funding

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We assist on school funding issues and the application of the Australian Education Act 2013 (Cth), including applications for approval as an approved authority and the review of adverse determinations, and the limitations imposed by State education legislation on the activities of schools that are publicly funded. We also have experience acting and advising in relation to government grants and funding for special projects and research, education and development.

EXPERIENCE

Iconic building

Acting for a university as proprietor in relation to the major refurbishment of an iconic building and surrounds, and associated long term leasing arrangements, including advising and documenting arrangements for relocation and pop up/temporary accommodation.

Overturning deregistration

Successfully acting for major Australian private higher education provider in having a decision of the Commonwealth regulator (TEQSA) to deregister the Australian business overturned and the client’s accreditation was renewed for a further six years.

Restructure

Advising a major post-secondary education provider about a restructure of its businesses across Australia, including the strategy for implementation and communication of a large number of redundancies.

Performance/conduct management

Advising a large education provider in relation to a series of performance and conduct management processes, including two involving formal external investigations. Some of these processes led to termination of employment/engagement and some to negotiated resignations and demotions.

Key people

Built around principle of quality and value.

Andrew Cardell-Ree

Partner

Brisbane

Brisbane

Dr Peytee Grusche

Special Counsel

Perth

In Allied Grain Systems P/L v Inheritance Capital Asset Management P/L [2023], Thomson Geer successfully acted for Allied Grain Systems, clarifying what is required to establish inadvertence for the purposes of obtaining an exception to licensing requirements under the Building Work Contractors Act 1995 (SA)

Construction

23/9/24

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About us

Thomson Geer is one of Australia's largest independent corporate law firms. We are trusted by companies, governments and institutions to act for their commercial and legal interests.

Thomson Geer acknowledges the Traditional Custodians of Country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander peoples today.