In-Person and Online Day of Learning, Including Practical Insight & Experiences from NSW School Leaders. Part of LawSense School Law NSW 2026 & Separately Bookable
| Date & Time | 16 June 2026 – Staff Issues Day (8.45am-4.15pm) |
| Venue/Format | Aerial UTS Function Centre, Building 10, Level 7/235 Jones St, Ultimo AND Live Online & Recorded Choose in person or online. Recording available for both in-person & online attendees Recording Access Expires 17 July 2026 |
| Pricing | Staff Issues Day: E. Bird. $695 Stan. $795 Prices include gst. Early Bird expires 1 May 2026 |
| Other related LawSense Events | Part of LawSense School Law NSW 2026 & Separately Bookable |
Program
8.45 LawSense Welcome
8.50 Chairperson’s Remarks
Alison Binet, Deputy Head People & Culture, Barker College
Belinda Reid, Head of Human Resources, Trinity Grammar School, Sydney
9.00 Performance Management, Psychosocial Hazards and Claims – Effectively Navigating, Rights, Obligations and Unions in the Current Environment
- Outlining current laws applying to performance management in schools
- Understanding the intersection between performance management, psychosocial hazards obligations and workers compensation claims
- Outlining other potential claims by staff in response to performance management – discrimination, bullying, adverse action
- Examining the involvement of unions in light of new psychosocial hazards laws and focus
- Effectively navigating challenging scenarios, including:
- a staff member supported by the union, refuses to meet to respond to performance concerns
- a staff member claims they are not “psychologically safe” in response to questions raised or performance management processes
- a workers compensation claim is lodged in response to performance management
- other claims are made by the staff member, including bullying or adverse action
- communicating to the staff member that their job is at risk
- Implementing strategies to help:
- effectively determine, define and communicate the unsatisfactory performance to ensure the performance is actionable and must be addressed by the staff member
- optimise observation and assessment processes to determine and prove unsatisfactory performance
- manage processes to avoid claims, including regarding breach of psychosocial hazards laws
- optimise your position regarding claims by the staff member, including obtaining and assessing the evidence you need to succeed
- avoid the staff member de-railing performance management processes
Jennifer Patterson, Partner, MinterEllison
10.10 Break
10.40 “Toxic” Staff Behaviour: Actioning “Lower Level” Conduct and Navigating Bullying Allegations, Psychosocial Hazards, Rights, Obligations and Mediation
Defining “Toxic” Behaviour or ‘Incivility’
- Identifying “lower level” “toxic” staff behaviour – “anti-social” behaviours, “rudeness”, ongoing criticism of school leaders or other staff, undermining, rumours, gossip, tone in emails, involvement or commenting in areas not in their role
Applicable Laws
- Outlining laws applying to staff “toxic” behaviour or “incivility”:
- laws regarding staff performance and conduct
- bullying and harassment
- recent law changes regarding psychosocial hazards
- respect@work laws
Examining What Behaviour is Actionable
- Examining how “lower level” behaviours such as toxic or incivility can:
- be used for lawful performance management or disciplinary action
- amount to bullying or harassment or breach psychosocial hazards laws or other obligations affecting the school
- Are toxic behaviours between staff outside school actionable?
Investigating and Navigating Staff Claims Regarding Other Staff
- Exploring challenges in obtaining and assessing evidence of incivility or toxic behaviour
- Determining when the evidence and circumstances meet the legal threshold for you to take legal action
Staff Claiming They Are Not Psychologically Safe
- Navigating rights and obligations where there is conflict between staff and one staff member claims they now do not now feel “psychologically safe”
Mediation/Dispute Resolution
- Exploring options for informal and formal mediation of staff disputes
- Ensuring mediation processes protect the school’s legal position, including understanding how evidence from mediation processes can be utilised
Policies and Codes of Conduct in a Changed Environment
- Implementing policies and codes of conduct to optimise management of toxic staff in a changed environment
- Ensuring your code is worded to capture toxic behaviour
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
11.40 Workplace Investigations Best Practice Update: Learnings from Recent Cases and Examining Where Schools Can Come Unstuck
Outlining Applicable Laws
- Outlining key applicable laws in school staff investigations, including:
- procedural fairness
- psychosocial hazards laws
- other employment laws
External or Internal Investigator?
- Assessing whether you should use an internal versus external investigator. If internal, what should you consider in selecting the investigator
Particular Obligations to Staff, Including Psychosocial Hazards Laws
- Examining your obligations in practice to the staff member regarding
- psychosocial hazards
- standing down the staff member
- the extent to which the staff member should be informed of details of the investigations
- the extent to which you can inform other staff about the allegations and investigation
Examining Recent Cases and Implications for Schools
- Reviewing recent cases and implications for schools, including:
- bias or perceived bias, lack of neutrality
- failure to afford natural justice / procedural fairness, including not giving proper notice of allegations, not allowing responses or to comment on adverse material
- inadequate or superficial investigation, including failure to collect evidence, failure to interview relevant witnesses
- decision seeming predetermined
- reliance on a single expert or unbalanced evidence without proper critique or consideration of alternative views
Updating/Implementing Best Practice Policies
- Exploring best practice policies to limit legal risks and claims arising from workplace investigations
David Ford, Senior Legal Counsel, Carroll & O’Dea Lawyers
12.40 Chairperson’s Remarks
12.45 Lunch
1.30 Chairperson’s Remarks
Cathy Lovell, Associate Chief Executive, School Operations & Governance, The Association of Independent Schools of NSW
1.35 Redundancy and Redeployment Update: Examining New Law and Ensuring You Implement a Legally Defensible Restructure
Legal Framework
- Outlining the laws applying to redundancy and redeployment including understanding:
- the applicable legal framework
- definitions of redundancy and redeployment
- rights and options of the school arising from employment contracts
- obligations to consider WHS issues
WHS Obligations, Consultation and Involvement of WHS Regulators
- Examining additional obligations to consult regarding WHS impacts
- Examining the approach of regulators, including reviewing the implications of the recent prohibition order issued by SafeWork NSW on UTS
Redeployment and Recently Expanded Obligations
- Outlining current obligations regarding redeployment
- Examining how wording in employment contracts can affect a school’s options with redeployment
- Understanding obligations to:
- consider changes to how a school uses its workforce to create a redeployment opportunity, even if no vacancy currently exists
- create a role by insourcing work currently performed by contractors
- considerations regarding re-training
- Case studies and scenarios – managing challenges with redeployment in practice, including where a school has multiple campuses
Best Practice in Contracts, Restructuring, Redundancy and Redeployment to Avoid Claims
- Exploring key elements to consider in employment contracts to optimise the school’s position
- Exploring steps in preparing for restructure, including managing planning and decision making to navigate potential adverse action claims
- Implementing defensible approaches to selection of positions/staff
- Consultation – exploring best practice planning and approaches
- Identifying key considerations and steps to implement regarding redeployment
Amy Walsh, Special Counsel, MinterEllison
2.50 Afternoon Tea
3.10 Effectively Initiating, Managing and Documenting Negotiated Staff Exits
- Reviewing the advantages and disadvantages of negotiated staff exits
- Examining key factors to weigh up in determining when and how to negotiate
- Exploring considerations in exiting long-standing staff
- Understanding the differences in negotiations involving executive and non-executive staff
- Managing circumstances to obtain a negotiated exit:
- exploring performance and conduct processes that support a negotiated exit
- how and when to have a without prejudice conversation
- examining options where the employee does not engage or “take the hint”.
- Documenting staff exits – key issues to consider
- Including and enforcing non-disparagement and confidentiality clauses
Tim McDonald, Principal, McCabes
4.10 Chairperson’s Remarks
4.15 Event Close
Presenters / panelists include:
Alison Binet is the Deputy Head People & Culture at Barker College, an Anglican Independent School in Sydney. Barker College’s main campus is in Hornsby, with three indigenous campuses in NSW and NT. Alison has a strong background in the Education Sector, having been with Barker College since 2018 and previously with Catholic Schools, Diocese of Broken Bay for 14 years.
Belinda Reid is the Head of Human Resources at Trinity Grammar School, Sydney. Belinda is passionate about staff wellbeing, performance management, reducing psychosocial injury and improving wellbeing through adapting workplace policies and practices to meet the emerging needs of staff.
Jen Patterson has extensive experience as an industrial relations, employment and WHS law advisor. Jen has particular expertise advising schools. She has acted for the Association of Independent Schools in NSW for more than 20 years and sits on their Employee Relations Committee. Jen was the lead adviser to the AISNSW on industrial strategy for its member schools following the two most recent legislative reforms.
Ben Tallboys provides sector-specific, practical legal solutions to schools across Australia. Ben is a passionate and effective advocate for principals dealing with complex matters relating to parents, staff and students, as well as their own employment.
David Ford practices mainly in commercial and education law. He has advised well over 80 educational institutions throughout Australia and is a former Chairman of the Council of MLC School in Sydney. David has presented on education law at conferences throughout Australia and internationally.
Cathy Lovell is the Associate Chief Executive: School Operations and Governance at the Association of Independent Schools of NSW (AISNSW). Cathy has been with AISNSW for over 20 years in various roles. Over the years she has provided advice to school leaders in the areas of employment relations, industrial relations, redundancy and restructure, change management, discrimination, performance management, appraisal, child protection and work health and safety. In the last decade Cathy has assisted independent schools to manage the increase in compliance in the areas of privacy and teacher accreditation and provided advice to schools in the areas of family law, the enrolment contract and issues with difficult parents, and the scope of their duty of care.
Amy Walsh advises Independent Schools and the NSW Department of Education on matters including enrolment disputes, student issues and wellbeing and safety matters, employment matters, parent disputes, child protection investigations, funding issues and governance.
Tim McDonald leads the national workplace practice at Moray & Agnew Lawyers, practising in employment and industrial law, work health and safety, discrimination, bullying and harassment, management of injured workers and termination of employment. Over the last 20 years, Tim has advised and represented employers, from a broad range of industries, including education