Compensation claims by students under the Australian Consumer Law

Emeritus Professor Stephen Corones argues that the nature of modern university education is such that students are consumers under the Australian Consumer Law (ACL) and that their education is provided by universities "in trade or commerce". If this is the case, then the next question is: does the same apply to primary and high school education?

The argument is probably right and Professor Corones' conclusion may well apply to primary and secondary schools (at least private schools) and private colleges of adult education.

What implications then arise if the education provided is somehow deficient, or even results in the student suffering an injury? The ACL imposes on such educational providers a guarantee of due care and skill in the provision of their services, to the benefit of consumers of those services.