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Doing it in the courts : opening research to public scrutiny

Komesaroff, Linda 2004, Doing it in the courts : opening research to public scrutiny, in AARE 2004 : Doing the public good : positioning educational research ; AARE 2004 International Education Research conference proceedings, Australian Association for Research in Education, Melbourne, Vic., pp. 1-21.

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Title Doing it in the courts : opening research to public scrutiny
Author(s) Komesaroff, Linda
Conference name Australian Association for Research in Education. Conference (2004 : Melbourne, Vic.)
Conference location Melbourne, Victoria
Conference dates 28 November - 2 December 2004
Title of proceedings AARE 2004 : Doing the public good : positioning educational research ; AARE 2004 International Education Research conference proceedings
Editor(s) Jeffery, Peter L.
Publication date 2004
Start page 1
End page 21
Publisher Australian Association for Research in Education
Place of publication Melbourne, Vic.
Summary This paper analyses the positioning of researchers and their research by the courts in legal complaints brought against educational authorities. Over the past decade at least eleven formal complaints related to deaf children's access to native sign language in education have been lodged with the Human Rights and Equal Opportunity Commission.

This ongoing legal action has brought a pedagogical debate over educational policy into the courts. The most recent case to reach the Federal Court of Australia was taken by the families of two deaf children against a state educational authority, allegedly for failing to provide the children with an adequate education. The complainants called for teachers fluent in Auslan (Australian Sign Language) or interpreters to be employed alongside mainstream teachers.

As a researcher in this field, I have acted as an expert witness in eight of these cases, tendered my thesis as evidence, and been cross-examined in the Federal Court. Court transcripts from the two most recent cases provide the data for an analysis of the way in which legal counsel position researchers (as 'advocates', having vested interests, representing lobby groups) and interpret their research to support the legal arguments being made.
ISSN 1324-9339
Language eng
Field of Research 130399 Specialist Studies in Education not elsewhere classified
HERDC Research category E2 Full written paper - non-refereed / Abstract reviewed
HERDC collection year 2005
Copyright notice ©2004, AARE
Persistent URL http://hdl.handle.net/10536/DRO/DU:30014343

Document type: Conference Paper
Collection: School of Social and Cultural Studies in Education
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