Charity law reforms : overview of progress since 2001

In the UK, Singapore, Canada, New Zealand and Australia, as in many other jurisdictions, charity law is rooted in the common law and anchored on the Statute of Charitable Uses 1601. The Pemsel classification of charitable purposes was uniformly accepted, and together with a shared and growing pool of judicial precedents, aided by the ‘spirit and intendment’ rule, has subsequently allowed the law to develop along much the same lines. In recent years, all the above jurisdictions have embarked on law reform processes designed to strengthen regulatory processes and to statutorily define and encode common law concepts. The reform outcomes are now to be found in a batch of national charity statutes which reflect interesting differences in the extent to which their respective governments have been prepared to balance the modernising of charitable purposes and other common law concepts alongside the customary concern to tighten the regulatory framework.

Government : charity boundaries

The Preamble1 was the initial legislative statement of matters construed by government to constitute charitable purposes in a common law context. It provided an outline of what was to become the core agenda for government’s relationship with charity. The resulting implied partnership, as viewed by government, endured for four centuries and in many different cultural contexts across the common law world. During that period, judicial mediation on the balance to be struck between government interest in acquiring value for granting tax exempt privileges and the right of individuals to freely dispose of property in accordance with their particular altruistic wishes steadily broadened the range of purposes deemed to be charitable, the vagaries of donor choice often prevailing over government interest in acquiring value for tax exemption.

Modernising charity : steps to an alternative architecture for common law charity jurisprudence

This chapter addresses the question, how can the common law concept of charity law be modernised? There are difficulties with the present jurisprudential conception. The focus of the chapter is not on those difficulties, however, but rather on the development of an alternative architecture for common law jurisprudence. The conclusion to which the chapter comes is that charity law can be modernised by a series of steps to include all civil society organisations. It is possible if the ‘technical’ definition of charitable purpose is abandoned in favour of a contemporary, not technical concept of charitiable purpose. This conclusion is reached by proposing a framework, developed from the common law concept of charities, that reconciles into a cohesive jurisprudential architecture all of the laws applying to civil society organisations, not just charities. In this section, first the argument is contextualised in an idea of society and located in a gap in legal theory. An analogy is then offered to introduce the problems in the legal theory applying, not just to charities, but more broadly to civil society organisations. The substantive challenge of mapping an alternative jurisprudence is then taken in steps. The final substantive section conceptualises the changes inherent in a move beyond charities to a jurisprudence centred on civil society organisations and how this would bring legal theory into line with sectoral analysis in other disciplines.

Cyberbullying prevention : one primary school’s approach

Bullying in all its forms including cyberbullying is a continuing problem in schools. Given the severe consequences it can have on students (socially, psychologically and physically) it is not surprising that a number of intervention programs have been developed, with most advocating a whole school approach. The current study compared students’ self-reports on bullying between schools with and without a Philosophy for Children (P4C) approach. A sample of 35 students in the P4C school and a matched sample of 35 students in other schools between the ages of 10 and 13 completed the Student Bullying Survey. Results indicated that while there were significant differences in incidences of face-to-face bullying, there were similar results from both cohorts in relation to cyberbullying. Both groups of students felt that teachers were more likely to prevent face-to-face bullying than cyberbullying. Findings indicate that teachers and guidance counsellors need to be as overt in teaching strategies about cyberbullying as they are in teaching strategies about reducing face-to-face bullying.

Cyberbullying in social networking sites and blogs : legal issues for young people and schools

This article examines the social networking phenomenon that has been so readily embraced by school-age adolescents, in the context of its potential to contribute further to the mechanisms for and incidence of cyberbullying amongst school students. Cyberbullying in these online for a, as a misuse of technology to harass, intimidate, tease, threaten, abuse or otherwise terrorise peers, teachers and/or the school in general, is discussed from both the psychological perspective and in terms of its legal ramifications (both criminal and civil) in Australia. Some recommendations for proactive and preventative measures, education and policy adoptions are provided, together with general advice to parents, schools and adolescents on awareness of the risks involved and how young people might better protect themselves in light of that knowledge.

A controlled rapid approach to curriculum change : addressing the pressures of increased test-based accountability on schools

Increasingly, large amounts of public and private money are being invested in education and as a result, schools are becoming more accountable to stakeholders for this financial input. In terms of the curriculum, governments worldwide are frequently tying school funding to students‟ and schools‟ academic performances, which are monitored through high-stakes testing programs. To accommodate the resultant pressures from these testing initiatives, many principals are re-focussing their school‟s curriculum on the testing requirements. Such a re-focussing, which was examined critically in this thesis, constituted an externally facilitated rapid approach to curriculum change. In line with previously enacted change theories and recommendations from these, curriculum change in schools has tended to be a fairly slow, considered, collaborative process that is facilitated internally by a deputy-principal (curriculum). However, theoretically based research has shown that such a process has often proved to be difficult and very rarely successful. The present study reports and theorises the experiences of an externally facilitated process that emerged from a practitioner model of change. This case study of the development of the controlled rapid approach to curriculum change began by establishing the reasons three principals initiated curriculum change and why they then engaged an outsider to facilitate the process. It also examined this particular change process from the perspectives of the research participants. The investigation led to the revision of the practitioner model as used in the three schools and challenged the current thinking about the process of school curriculum change. The thesis aims to offer principals and the wider education community an alternative model for consideration when undertaking curriculum change. Finally, the thesis warns that, in the longer term, the application of study‟s revised model (the Controlled Rapid Approach to Curriculum Change [CRACC] Model) may have less then desirable educational consequences.

A Transformational Role : Donor and charity perspectives on major giving in Australia

Tapping into the thoughts of nearly 50 Australians involved with major giving, this study seeks to know more about why and how people give in what might be called ‘momentous’ ways. It tracks both their triumphs and trials. Perhaps most importantly, it gives a public voice to the perceptions, attitudes, concerns and stories of Australians who have chosen to act philanthropically in a sizeable and ongoing way. In counterpoint, the views, experiences and frustrations of seasoned fundraising professionals who work to generate major giving across a range of causes form the other voices in this study. Thus, donors talk about giving, and occasionally raising support from their peers, and fundraisers talk about developing major gifts. This research has been supported by the Perpetual Foundation, the EF and SL Gluyas Trust and the Edward Corbould Charitable Trust under the management of Perpetual Trustee Company Ltd.

Queensland Arts Council road trip : an examination of in-schools touring productions (2005-2008)

This research project explores the nature of In-School Touring Productions that are presented in Queensland classrooms by Queensland Arts Council (QAC). The research emerged from my background as a drama teacher working on secondment at QAC in the Ontour inschools department. The research follows the development of a new production Power Trip: the Adventures of Watty and Volt. The research was guided by the key question: What are some of the production and pragmatic issues that relate to In-school Touring Productions and in what ways do QAC’s Ontour inschools productions offer learning experiences? This research involved the creation of three intersecting elements: (1) a 45 minute personal documentary film, 8 Times Around the Equator. The film follows my enthusiasms for this hybrid form of theatre which developed from my childhood, teaching practice and finally in my role at QAC; (2) a multimedia DVD, Queensland Arts Council 2008 inschools Season, which presents a series of short video clips promoting QAC’s Ontour inschools program; and finally (3) this exegetical paper, Queensland Arts Council Road Trip: an Examination of In-Schools Touring Productions (2005-2008). This exegesis supports the multimedia presentations and provides additional descriptions of QAC's Ontour inschools productions which are contextualised within the history of QAC and the field of Youth Theatre generally. During the project I observed 37 QAC productions and analysed them against set criteria and as a result four types of learning experiences were identified: • Category X: X-periencing the Art Form – providing students with exposure to traditional forms of main stage theatre; • Category L: Learning Through the Art Form – communicating information using an art form to educate. For example using comedy, clowning or slapstick to teach science; • Category U: Unpacking the Art Form – deconstructing art forms and providing students with increased awareness and appreciation; and • Category M: M-bodying the Art Form – workshops and artist residencies that allow students to create their own work. The creative works (documentary film and DVDs) combine to make up 65% of the project. This exegetical paper concludes the final 35% required for submission.

Cyberbullying : legal implications for schools

Most educators are now aware that cyberbullying is bullying through the use of technology. This new form of bullying makes use of the diverse range of technology now available including email, texting, chat rooms, mobile phones, mobile phone cameras, i-pods and websites. Cyberbullying shares many of the same attributes as face-to-face bullying such as a power imbalance which causes a sense of helplessness on the part of the victim, repetition and the intent to hurt.

Direct instruction in mathematics : issues for schools with high Indigenous enrolments : a literature review

Direct instruction, an approach that is becoming familiar to Queensland schools that have high Aboriginal and Torres Strait Islander populations, has been gaining substantial political and popular support in the United States of America [USA], England and Australia. Recent examples include the No Child Left Behind policy in the USA, the British National Numeracy Strategy and in Australia, Effective Third Wave Intervention Strategies. Direct instruction, stems directly from the model created in the 1960s under a Project Follow Through grant. It has been defined as a comprehensive system of education involving all aspects of instruction. Now in its third decade of influencing curriculum, instruction and research, direct instruction is also into its third decade of controversy because of its focus on explicit and highly directed instruction for learning. Characteristics of direct instruction are critiqued and discussed to identify implications for teaching and learning for Indigenous students.

A case of intention deficit disorder? ICT policy, disadvantaged schools, and leaders

Since the mid-1990s, government policies in the USA, Canada, England, and Australia have promoted the need to produce an ICT skilled workforce in order to ensure national competitiveness in globalised economic conditions. In this article, we examine the ways in which these policy intentions in 1 state in Australia were translated into a techno-determinist and technocentric plan which focused primarily on getting wired up and connected. We summarise the findings from 2 projects: an investigation of a state-wide principals' professional development programme and an action research study investigating literacy, educational disadvantage, and information technologies. We found significant differences in the distribution of the physical and human capabilities between schools which made the task of engaging with ICT harder for some than others. Nevertheless, we suggest that some school leaders did develop innovative practice. We suggest that policy deficits made it difficult for school leaders to grapple with the dimensions of and debates about the kinds of educational changes that schools and school systems should be making. © 2006 Taylor & Francis.

Industry school partnerships : real world learning through the Gateway Schools Projects

In the last decade, a gradual but significant shift in education has taken place. Schools have transformed from hermetically sealed, impermeable bureaucracies to dynamic and flexible organisations characterised by openness to local communities and connectedness to global issues and cultures. They are also more responsive to the aspirations of students and parents. A central feature of what Christian Maroy (2009) has described as the post bureaucratic era of education has been the relationships formed between schools and other organisations through formalised partnerships. Partnerships have been a significant feature of schooling in Queensland since the 1980s when schools developed Vocational Education Programs (VET) providing alternative pathways from schooling to post school training or employment. However, partnerships that have emerged in recent times have been more structured in their organisation and more targeted in terms of the outcomes they aim to achieve. Examples here have included Queensland’s District Youth Achievement plans that linked schools, business, industry bodies, training organisations and community groups to improve transition outcomes, particularly for young people at risk in their transitions from school to post-school life.

Where does it say I have to do that? How can secondary schools enact assessment policy for students with disabilities

This paper describes effective ways secondary school leaders can enact curriculum policy, particularly assessment practices, to support learning for students with disabilities in mainstream schools. Assessment for learning (AfL) as a pedagogic practice, has gained recent importance through inclusion in curriculum policy in Queensland, Australia. AfL is the frequent assessment of student progress that identifies learning needs and informs future teaching and learning. Assessment of student progress of the standards based curriculum has provided challenges for schools attempting to meet the needs of “all” learners. This paper highlights findings of a small case study to model successful leadership practices used in an inclusive secondary school to improve achievement of students with disabilities through assessment. Successful leadership practices that can be generalized to improve achievement of all learners include making sense of policy for staff; developing staff common and shared beliefs and actions; organizing professional learning opportunities and arranging collaborative curriculum planning and co-teaching.

The politics of charity

For the first time since 1601, a number of leading common law nations have almost simultaneously chosen to revise and place on the statute books the law relating to charity. The Politics of Charity examines the reasons for this and for the varying legislative outcomes. ----- ----- ----- This book examines the legal framework and political significance of charity, as developed within England & Wales, contrasts this with the experiences of other common law nations and explores the resulting implications for government/sector relationships in those countries. It suggests that charity law lies at the heart of the relationship between government and the non profit sector, that there is an unmistakeable political agenda driving charity law reform and that the differential in legislative outcomes reflects important differences in the policies pursued by the governments concerned.----- ----- ----- Looking at fundamentally different approaches of government towards the sector in the UK, Ireland, the US, New Zealand, Canada, Singapore and Australia, O’Halloran argues the results will have implications for the present workings of parliamentary democracy.----- ----- ----- The Politics of Charity will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law, politics and public policy.