LawSense Law for Mental Health Practitioners 2024 – Child, Youth & Family

Tailored for Practitioners working with Children, Youth and Families

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Program

10.00    LawSense Welcome

10.05    Chairperson’s Introduction

Dr Gary Banks, Principal Clinical Psychologist and Managing Director, Sydney Counselling Centre; Authorised Clinician, NSW Children’s Court; Approved Clinician (Family Reports and Single Expert Reports); Accredited Family Dispute Resolution Provider

10.10    Family Law: Understanding the Changes to Family Law Legislation and Implications for Mental Health Practitioners

• Examining legislative changes including those regarding:
  • the making and varying of parenting orders and what is considered
  • removal of the presumption of equal shared parental responsibility
  • enforcement of parenting orders
  • introduction of ‘harmful proceedings orders’
  • requirement for Independent Children’s Lawyer (ICL) to meet with a child and give the child an opportunity to express a view

Rebekah Dorter, Principal, Dorter Family Lawyers & Mediators

• Exploring the implication of changes for clients/patients, treating practitioners and report writers:

Panel:

Dr Gary Banks, Principal Clinical Psychologist and Managing Director, Sydney Counselling Centre; Authorised Clinician, NSW Children’s Court; Approved Clinician (Family Reports and Single Expert Reports); Accredited Family Dispute Resolution Provider

Rebekah Dorter, Principal, Dorter Family Lawyers & Mediators

11.30    Break

11.45  Examining Options to Object to or Reduce the Scope of Subpoenas or Information Requests

Options for Objections, Redacting or Reducing the Scope of Subpoenas

• Examining key considerations in deciding to object to production of subpoenaed documents
• Understanding options to legally object to a subpoena, including:
  • objections on the basis of privilege or where sexual assault is involved
  • using provisions for Family Dispute Resolution practitioners under the Family Law Act
  • objection to what appears to be a “fishing expedition”?
  • “oppressive” subpoenas
  • seeking for parts of documents to be blacked out / redacted
  • seeking that access only be limited to the lawyers of the parties
• What do you do when the whole file patient file is requested, rather than particular reports or documents – dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
• What should be contained in your communication to the Court regarding your objection?
• Managing confidentiality concerns in the process of producing documents

Notifying the Client/Patient

• Notifying the client / patient of the subpoena – what if there are multiple clients/patients such as different family members?

Producing Documents in Response to a Subpoena

• How can documents be produced – can you produce copies and can they be produced electronically?
• Responding to subpoenas addressed to the practice where the relevant practitioner no longer works there
• Extending the time for compliance with a subpoena
• Subpoenas to give evidence – can you appear by video link?
• Obtaining payment for time spent and photocopying to deal with a subpoena

Dealing with Other Information Requests – Regulators (AHPRA, state regulators and Ombudsman, Medicare), Child Protection agencies

• Responding to requests from:
  • AHPRA or other regulators
  • Child Protection agencies

Shannon Mony, Partner, Meridian Lawyers

12.45    Break

1.00      Patient / Client Complaints: Effectively Dealing with Regulator Communications, Investigations or Action

• Identifying areas that often lead to complaints or disciplinary action
• Examining the approaches of regulators and how they analyse and triage complaints
• Responding effectively to regulator communications, investigations or action
• Learning from recent cases
• Understanding the limits of insurance

Scott Shelly, Principal, Barry Nilsson Lawyers

1.55      Closing Remarks

2.00      Event Close

BONUS PRE-RECORDED WEBINAR WITH DR IAN FRECKELTON AO KC AND DR GARY BANKS, FORENSIC PSYCHOLOGIST AND COURT APPOINTED CLINICIAN

 Assessing and Responding to Risk of Harm: Understanding Your Obligations and Options and Navigating Domestic Violence Orders (DVOs/AVOs/IVOs)

• Examining the law relating to risk of domestic and other violence, suicide, or sexual harm:
  • reviewing your rights and obligations with respect to the client/patient
  • what steps does the law require in assessing the risk?
  • understanding the limits of your obligations with respect to notifying third parties
• Understanding domestic violence orders (DVOs/AVOs/IVOs) and how these should be considered

• Inconsistency between Family Court and Domestic/Apprehended Violence Orders – which orders take precedence?

• Balancing risk of harm and confidentiality – when can you breach confidentiality?
• Reviewing recent cases and learnings:
  • Hannah Clarke Coronial Inquest 2022 [see page 136]
  • Dower Coronial Inquest 2021 [see from para 176 and conclusion 238]

Dr Ian Freckelton AO KC, Barrister, Victorian Bar; Co-Director of Studies, Health and Medical Law, Melbourne Law School, The University of Melbourne

Dr Gary Banks, Principal Clinical Psychologist and Managing Director, Sydney Counselling Centre; Authorised Clinician, NSW Children’s Court; Approved Clinician (Family Reports and Single Expert Reports); Accredited Family Dispute Resolution Provider

Presenters / panelists include:

	Dr Gary Banks is a Clinical and Forensic Psychologist, in practice for more than 25 years. In addition to a number of other clinical positions, he has been appointed to the NSW Children’s’ Court Clinic since its inception and as a Family Consultant to the Family Law Court. He has been a provider to the NSW Legal Aid Commission and the NSW Office of the Director of Public Prosecutions for more than 20 years.
	Rebekah Dorter is a highly respected and sought-after family lawyer in Sydney. Her 30-year track record of integrity, technical knowledge and negotiation skills make the difference in achieving a successful resolution. As a psychology graduate and Nationally Accredited Mediator, Rebekah provides the acute conflict management expertise necessary to resolve property and parenting cases outside of the courtroom. Having Rebekah Dorter on your side is having an industry beacon looking after your best interest.
	Shannon Mony is highly regarded for her insurance litigation expertise, specifically in medical negligence, health law and professional indemnity claims. She has provided extensive advice to numerous Australasian and international insurers, brokers and underwriting agencies in defending claims and advising on wider insurance indemnity issues. She routinely advises on substantive health law matters, regulatory compliance and reform, privacy and risk management issues.
	Scott Shelly has acted in numerous medical negligence claims against health care providers, hospitals and health practitioners. He has acted for and defended a variety of medical and health industry professionals including medical practitioners, psychologists, dentists, physiotherapists, radiologists and a range of allied health professionals. Scott has been recognised as a Recommended Professional Indemnity Lawyers in the 2022 edition of Doyle's Guide. He has been recognised in Best Lawyers for Insurance Law since 2021.
	Ian Freckelton is an experienced King’s Counsel in full time practice as a barrister throughout Australia; a judge of the Supreme Court in Nauru; a board and committee member; an investigator of allegations of misconduct; a professor of law, psychiatry and forensic medicine; a fellow of learned academies; a journal editor; a speaker at international gatherings; an author, editor and book reviewer; and a scholarly traveller. He has been a Commissioner at the Victorian Law Reform Commission, a President of the Australian and New Zealand Association of Psychiatry, Psychology and Law, a member of many statutory tribunals and has held a variety of international positions.

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