Charity law, advocacy and the aid/watch decision : compatibility of charitable purposes and political objects — the view from Australia

Introduction In 1952 the Nathan report stated that: Some of the most valuable activities of voluntary societies consist, however, in the fact that they may be able to stand aside from and criticize State action or inaction, in the interests of the inarticulate man in the street. Some 60 years later it remained the case that if a voluntary society wanted to gain or retain charitable status then, contrary to the Nathan report, the one thing it could not do was set itself up with the purpose of criticizing State action or inaction. This legal position was adopted by the authorities in Australia with the Australian Taxation Office (ATO) noting in Taxation Ruling TR2005/21: 102. An institution or fund is not charitable if its purpose is advocating a political party or cause, attempting to change the law or government policy, or propagating or promoting a particular point of view. So, why, if it is such a valuable activity, have governments steadfastly refused to allow charities to have as their purpose the freedom to advocate in this way and how has this situation been affected by the recent High Court of Australia decision in Aid/Watch v Commissioner of Taxation? This article proposes to address such questions. Beginning with some background history, it explains that, initially, the current constraints did not apply. Then it looks at the nature of these constraints: how does the law define what constitutes the type of political activity that a charity must not undertake? What is the rationale for prohibition? How has the judiciary contributed to the development of the law in this area in recent years? This will lead into a consideration of the Aid/Watch case and the implications arising from the recent final decision. The article concludes by reflecting on what has changed and why the view on this contentious matter now looks different from Australia.

Leadership and the rise of the corporate psychopath: What can business schools do about the ‘snakes inside’?

Purpose: Leadership styles are reviewed and reassessed given recent research that links destructive leadership behaviours exhibited by unscrupulous executives with traits commonly identified as indicators of corporate psychopathy. Method/approach: A review of the literature describing the various theories dealing with the nature of leadership styles and the rise of interest in corporate psychopathy and destructive leadership. Implications: This paper offers a psychological perspective for future research which provides both impetus and additional support for further analysis and exploration of such leadership styles in the business environment. One distinct advantage of this extrapolation is the articulation of insights into aspects of decision making by leaders, providing further insight into the formulation of leadership development programs in organisations and courses in business schools training future leaders.

Exceptional teachers for disadvantaged schools

This article reports on the first year of the Exceptional Teachers for Disadvantaged Schools project, a teacher education approach designed to prepare high quality teachers for low socio-economic schools. The Exceptional Teachers for Disadvantaged Schools (ETDS) project is an innovative way to prepare high-quality teachers for employment in low-SES schools. The program, based at Queensland University of Technology (QUT), offers a specialised curriculum, designed to equip high-achieving pre-service teachers for work in the schools that need them most. Selected pre-service teachers at QUT are invited to take part in the trial course, based on their academic performance over the first two years of their four-year Bachelor of Education degree, and on a demonstrated commitment to social justice. These participants undertake a modified version of QUT's B Ed on-campus curriculum. They have their practicum/field experience at one of a range of disadvantaged schools throughout Queensland which have agreed to partner with QUT in the program. In the past, teacher education for disadvantaged schools has been described as applying a 'missionary' or deficit model (Larabee, 2010; Comber and Kamler, 2004; Flessa, 2007). The principals of schools participating in the ETDS react strongly against such an approach, and have explicitly asked project staff not to send them anyone who 'thinks they can save the world'. The ETDS project has moved well away from such a model, towards a position that is explicitly centred on notions of academic excellence. The project is now at the end of its first trial year.

Exceptional teachers for disadvantaged schools

A major issue facing Australia is addressing an education system that OECD’s data from the Programme for International Student Assessment (PISA) show is of high quality, but low equity. In other words, while Australian schools score relatively high in terms of international benchmarks related to quality, the same cannot be said in relation to indicators of social background or socioeconomic status (SES). The federal and state responses to this dilemma can be found in a coordinated national agenda targeting social inclusion. Two key policy areas within this agenda relate directly to the Exceptional Teachers for Disadvantaged Schools Project (ETDS). These are the Higher Education Participation and Partnerships Program (HEPPP) and the National Partnership Agreements on Low Socio-economic Status School Communities and Improving Teacher Quality.

Theorising a framework for contemporary health literacies in schools

While schools are mandated to teach health education, there is considerable disjunction between government and community expectations, definitions of health literacy, and what schools are currently teaching. Health literacy in the health sector tends to be dominated by a pathogenic approach, where the health of a person is generally referenced against states of illness. In this paper we argue for a salutogenic approach to health literacies. Further, we utilise mainstream literacy theories and models to propose a robust framework for health literacy in schools that accounts for the complexity of health and well being in contemporary society.

Teacher reporting questionnaire : Queensland Government Schools

This instrument was used in the project entitled Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice (ARC DP0664847)

Teacher reporting questionnaire : Queensland Non-Government Schools

This instrument was used in the project named Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice (ARC DP0664847)

Teacher reporting questionnaire : New South Wales Non-Government Schools

This instrument was used in the project named Teachers Reporting Child Sexual Abuse: Towards Evidence-based Reform of Law, Policy and Practice (ARC DP0664847)

The power of historical causal components involved in engaging at risk youth at three alternative schools

This article addresses the causal powers associated with the social phenomena of alternative schooling for youth at risk. It stems from a doctoral thesis, Alternative Schooling Programs for At Risk Youth – Three Case Studies which addresses wider issues integral to alternative schooling: youth at risk, alternative schooling models, and literacy. This article explores one aspect of alternative schooling: the historical causal factors involved in the establishment and continuance of three alternative case study models in Queensland, Australia. By adhering to Bhaskar’s transformational model of social activity (TMSA) , social structures and individuals will be analytically distinguished to uncover their separate causal powers and how these have effected the establishment and continuance of three alternative schools.

Move it, use it : university-school collaboration for learning to teach physical education in primary schools

Reports of increasing numbers of obese Australian children and adolescents have raised the alarm to be proactive in reducing this so called epidemic. It has evoked a call for greater emphasis on teaching physical education in schools, as a measure for attaining fitness not only with obese students but for all students. This paper emphasises how preservice teachers need to be a key target for implementing physical education (PE) reform in schools, as many primary teachers will be generalists and may not be confident enough to implement PE effectively. Through a review of existing literature, teaching practices essential for the effective promotion and implementation of PE were identified under six broad categories: personal-professional skills development, addressing system requirements, pedagogical practices, managing student behaviour, providing feedback to students, and reflecting on practice. Subsequently, the development of these practices in preservice teachers is considered in the context of a university-school collaboration where preservice teachers taught physical education to primary school students for one day per week over a four week period. These authentic teaching experiences provided the preservice teachers with vital opportunities to put theory into practice and interact with “real-world” students. Self-evaluative data from 38 of these preservice teachers, in the form of a five-part Likert scale survey and extended response survey, demonstrated that they were able to develop the majority of the essential teaching practices identified by literature. In particular, the preservice teachers developed self efficacy, enthusiasm, and motivation for teaching PE, facets which are often found to be lacking in generalist primary teachers and yet are essential if children’s perceptions and habits regarding physical activity are to be changed.

Organizational rhetoric in the prospectuses of elite private schools: unpacking strategies of persuasion

The way in which private schools use rhetoric in their communications offers important insights into how these organizational sites persuade audiences and leverage marketplace advantage in the context of contemporary educational platforms. Through systemic analysis of rhetorical strategies employed in 65 ‘elite’ school prospectuses in Australia, this paper contributes to understandings of the ways schools’ communications draw on broader cultural politics in order to shape meanings and interactions among organizational actors. We identify six strategies consistently used by schools to this end: identification, juxtapositioning, bolstering or self-promotion, partial reporting, self-expansion, and reframing or reversal. We argue that, in the context of marketization and privatization discourses in twenty-first-century western education, these strategies attempt to subvert potentially threatening discourses, in the process actively reproducing broader economic and social privilege and inequalities.

Contextualising the teaching and learning of measurement in Torres Strait Islander schools

This paper reports on a mathematics project conducted with six Torres Strait Islander schools and communities by the research team at the YuMi Deadly Centre at QUT. Data collected is from a small focus group of six teachers and two teacher aides. We investigated how measurement is taught and learned by students, their teachers and teacher aides in the community schools. A key focus of the project was that the teaching and learning of measurement be contextualised to the students’ culture, community and home languages. A significant finding from the project was that the teachers had differing levels of knowledge and understanding about how to contextualise measurement to support student learning. For example, an Indigenous teacher identified that mathematics and the environment are relational, that is, they are not discrete and in isolation from one another, rather they mesh together, thus affording the articulation and interchange among and between mathematics and Torres Strait Islander culture.

The SurfAid International Schools Program : opportunities for HPE and senior health education

SurfAid International is a humanitarian organisation that has been delivering a range of evidence based health promotion initiatives, primarily for people living on Nias and the Mentawai Islands off the west coast of Sumatra, Indonesia since 2000. The SurfAid Schools Program launched in 2007, providing opportunities for the development of global awareness, cultural knowledge, empathy and active citizenship among students living in Australia, New Zealand, North America and the United Kingdom. This session will commence with an overview of the work of SurfAid International and resources provided by the SurfAid International Schools Program. The social justice orientation of the Queensland Health Education Senior Syllabus and the HPE Essential Learnings will be reviewed along with a consideration for affective learning through attitudes and values. Participants will be given time to consider how units with a health of specific populations focus could be conceptualised, developed and managed. Opportunities for co-curricular applications will also be discussed.

Case studies of statutory interventions into the common law concept of charity

This paper considers four examples of statutory interventions into the common law concept of charity, namely, those of Pennsylvania, Barbados, the definition recommended by the Report of the Inquiry into the Definition of Charities in Australia, and the Recreational Charities legislation of the United Kingdom. It comments on some issues affecting each style of intervention. The paper does not argue against statutory intervention but submits that legislative changes are best made by deeming a particular purpose to be charitable, or not charitable, so that, except to that extent, the common law concept remains intact – this is the approach adopted by the Recreational Charities legislation.

Charity law in Fiji

Very little has been written on charitable laws in Fiji to date. Most of the organisations in Fiji seek incorporation under the pre-independence legislation dealing with charities, the Charitable Trusts Act (Cap 67). This Act is the basis of this paper. The key provisions of the Act are discussed in this paper. Recently serious questions have been raised on the status of charitable bodies with the de-registration of one of the registered charities (the Citizens’ Constitutional Forum (CCF)) for political activity. This paper also provides an insight into the CCF ‘saga’, which goes to the ‘heart’ of the Act and examines the serious questions that are raised in interpreting the provisions in the Act. In the concluding part, various issues of reform in the charity sphere are also proposed.