COVID-19 checklist for education providers
By Megan Kavanagh and Todd Neal
The COVID-19 pandemic is having a profound impact on the Education sector, with many of our clients overwhelmed by the pace of change and the immediate issues that have arisen. Education providers are having to assess the impact of COVID-19 on their employees, students, parent community, operations and governance as well as respond and adapt quickl
To support your organisation through these uncertain times, we have created a checklist to help you focus on the legal issues to consider during this unprecedented crisis. Our Education experts are at the forefront of the COVID-19 response, and are well placed to help you work through the following matters by providing pragmatic advice, sensible guidance and insightful perspectives:
Online learning protocols |
Education providers should ensure detailed protocols are in place to support and guide safe home-based learning and reduce the various cyber risks that are emerging in this area. |
New JobKeeper scheme |
Understand the extent to which your organisation is an eligible employer under the JobKeeper scheme set out in the newly passed amendments to the Fair Work Act 2009 (Cth). |
Employment law issues |
Do you need a strategy to respond to COVID-19? |
Enrolment documents |
Underlying enrolment documentation forms the basis of the commercial contract between parents and students in the delivery of education. Consider reviewing it to ensure it is sound and covers off the various circumstances arising as a consequence of COVID-19. |
Delivery of online training |
Boundaries can be blurred when traditional school activities move into an online environment and staff and students can be confused about the application of existing policies and codes of conduct online. |
Pay freezes |
Educational providers locked into costly and inflexible enterprise agreements may be able to vary instruments in the Fair Work Commission to freeze wage increases in some circumstances. |
Insurance |
What are the risk exposures from operating in a pandemic and can they impact your cover? |
Complaints and reportable conduct |
How can you manage these in the absence of face-to-face contact? |
Property |
Education providers may, to the extent that they are a landlord or tenant under |
Proposed development |
Schools that intend to lodge applications for projects should have a strategy in place for the progress of applications. In NSW for example, the Planning Acceleration Program indicates an intention to fast track state significant developments, rezoning and development applications. |
Existing development applications |
Schools that have development applications that are being assessed and are being held up, should have a strategy to promptly resolve the matter so that it can proceed to construction. |
Existing consents |
For schools with existing development consents that have not yet been activated, consideration should be given as to when they need to be activated. |
Construction work days |
Schools with ongoing construction projects should consider how they might |
Compliance with development consent conditions |
Schools with ongoing construction projects should understand how any new measures affect the conditions of existing approvals. For example, in relation to noise requirements and restrictions on certain activities (rock breaking, rock hammering, sheet piling, etc). |
Interface issues |
Other approvals (e.g from roads authorities) in the course of a project may also be needed. To avoid delays, schools should check these to see where potential blockages in work may arise. |
Construction site practices |
Schools with ongoing construction projects should consider whether there are appropriate and necessary practices in place on construction sites to minimise the risk from COVID-19. For example, see SafeWork Australia’s release. |
Corporate governance |
It is particularly important that school boards and councils operate effectively and efficiently for the duration of the COVID-19 pandemic. The constitution or other documents that governs the running of the school are critical in this regard. |
Directors duties |
It is very important that directors and school council members are clear as to their legal duties particularly with regard to the solvency of the school. |