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Hello I was looking at getting CourseHero but wanted to see the service. Ed Services In WA, Ed Services Ltd seeks and obtains registration under
Hello I was looking at getting CourseHero but wanted to see the service.
Ed Services In WA, Ed Services Ltd seeks and obtains registration under the Commonwealth scheme on the basis of its incorporation and establishes an academy. The academy is the principal business of Ed Services. Consistent with the Act, Ed Services charges enrolment fees to students. Prior to establishment of the academy, Ed Services was (and continues to be) a prominent contributor to NAPLAN preparation materials. It proposes continuing that aspect of its activities. In the nancial year 2022x23 its projected revenue from the sale of these materials is $20,000. It expects this revenue to build over time. On its opening day, ofcers from the WA education authority attend and prevent students from entering the school on the basis that it is not licensed to operate under WA legislation and its staff has not been registered with the WA Education Department. WA also commences proceedings in the High Court concerning the validity of the legislation. In particular, it argues that under WA legislation there is a comprehensive regime establishing the necessary qualications for teachers and the process of registration matters which it also argues are entirely within the States' powers. WA is joined by the Australian Education Union which argues that the Commonwealth cannot directly regulate who may or may not be employed in an area fundamental to the States' operations. The Commonwealth responds that the regulation of professional qualications are fundamental to achieving the objectives of the Act. . ls Ed Services engaged in 'trading' or 'nancial' activities? if so. which ones? Can you identify what is \"trading\" and what isn't? lf there is more than one activity, which one is relevant? What weight should be given to it? Are there some cases that can help you? . To what extent can the Commonwealth regulate the professional qualications of employees of an academy? ls there authority to support or oppose the Commonwealth? Leg-up Learning Leg-up Learning is an unincorporated business in South Australia. It provides traditional face-toface tutoring services for students with learning difculties within South Australia and online services throughoutAustralia involving diagnostic educational examinations to indicate areas of weakness for individual students. While the content is entirely different, the two services overlap in terms of academic and administrative staff involved in providing the services. In recent times, the online services have subsidised the unprotable face-toface services. Legup Learning's application for registration as a Commonwealth 'academy' is opposed by the South Australian Government. . Leg Up Learning's activities fall into two different categories. Can the Commonwealth regulate the operation of its faceto face business? How? ls there authority to support that position? What might the SA Government argue? Your total response should be reasonably brief {200300 words in succinct dot points). Part A: Consider whether the following law would be supported by the trade and commerce power: 'No trader of an electronic good may enforce any contractual provision that exempts any warranty provision solely on the basis that the customer or another person had opened the casing of the product, or attempted to repair the product without further damaging the product.' Part B: Analyse the following ctional scenario using corporation power principles. The Little Church of Little Faith is an Australian incorporated non-prot organisation that uses child volunteers to grant blessings for donations from the public that add up to tens of thousands of dollars every year. The Religious ServicesAct 2022 {Cth} states: 'No minor may provide spiritual services for value.' Lily is a 16-yearold girl who has been charged under the Act. Advise Lily. Part C: Analyse the problem scenario below to advise the clients. In 2021, National Assessment Program Literacy and Numeracy [NAPLAN} was conducted on Australian school children nationally. In early 2022, comparative information was made public by the Australian Curriculum and Assessment Reporting Authority {ACARA}. The published results tended to suggest that although Australian students continued to perform well compared to other OECD countries, the results were not as good as previous years. The results also tended to suggest a widening gap between students at the highest and lowest ends of the performance scale. The Commonwealth Minister for School Education, Early Childhood and Youth expresses concern at the performance of Australian students. He seeks advice on what further steps could be taken to improve students' performance. One of the options presented to the Minister is to follow the United Kingdom and the United States in the establishment of independent bodies called 'academies' in the UK and 'charter schools' in the US. Academies are schools established to be independent of local government education authorities :3. Academies are also given direct access to government funds rather than from a broader pool of budget funds. The UK Government has high hopes for academies in boosting the performance of poorly performing schools but with only a handful in operation, there are no clear indicators of success. The Education Reform Act The Commonwealth Parliament passes the Education Reform Act 2022. The Act provides for the following: 1. Any of the following organisations, subject to being able to demonstrate available capital of $1 million and 'appropriate premises under freehold or leasehold' may apply to establish an academy: 1. A corporation incorporated under the Corporations Act 2001 2. Any group, incorporated or unincorporated, in a territory 3. Any educational provider engaging in trade for the purposes of overseas or interstate trade 2. Applications will be assessed against published criteria. Successful applicants will receive access to direct Commonwealth funding. 3. Academies may charge enrolment and tuition fees to students. Regulations made under the Act provide that fees are uncapped. However, Commonwealth funding is reduced proportionately to the fees collected over a prescribed threshold. 4. Academies may also provide what is referred to in the Act as I'allied educational services" which is dened to include private tuition services, publication of educational materials and 'fee for service' workshops for parents. 5. The Act establishes the requirements for the qualication of teachers employed by academies 6. The Act allows academies to establish their own curriculumStep by Step Solution
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