Separately Bookable Staff & Student Issues Days. Tailored to Law Applying to NSW Non-State Schools
| Date & Time | 10 June 2026 – Staff Issues Day (8.45am-4.30pm) 11 June 2026 – Student Issues Day (8.45am-4.45pm) |
| Venue/Format | Parmelia Hilton, 14 Mill St, Perth WA AND Live Online & Recorded Choose in person or online. Recording available for both in-person & online attendees Recording Access Expires 11 July 2026 |
| Pricing | Staff Issues Day: E. Bird. $695 Stan. $795 Student Issues Day: E. Bird. $695 Stan. $795 Prices include gst. Early Bird expires 1 May 2026 |
| Feedback From Previous School Law Events | “Fantastic day, extremely helpful. Thank you!” See more feedback comments |
| Other related LawSense Events | See other LawSense Events for Schools |
Program Detail
Day 1 – 10 June 2026 – Staff Issues Day
8.45 LawSense Welcome
8.50 Chairperson’s Remarks
Rebecca Clarke, Principal, Methodist Ladies’ College; Branch Chair, AHISA WA
9.00 Ill and Injured Staff: Determining Work Versus Non-Work Injury and Navigating Medical Assessments and Return to Work
Navigating the Grey Areas of Determining Work Versus Non-Work Injury
- Outlining the current legal framework applying to work versus non-work injuries
- Examining the grey areas of what are work versus non-work injuries – exploring:
- circumstances where there is a dispute about whether an injury is work or non-work related
- scenarios where an original work injury changes or “expands” to arguably include non-work-related conditions
- Understanding what information, you are able to request to clarify grey areas or disputes
Acceptable Medical Evidence and Effective IME’s
- Dealing with medical certificates and reports – understanding when you can challenge or clarify medical evidence
- Optimising questions to ask the staff member’s medical practitioner to verify or clarify the condition
- Obtaining independent medical reports or evidence – when this can be done and how to brief the expert
Challenges With Return to Work and Reasonable Adjustments
- Understanding obligations regarding reasonable adjustments and return to work with work and non-work-related injuries
- Understanding rights and obligations with chronic or age-related illness or injury
- Exploring the limits – at what point does an adjustment become unreasonable under the current law
- Learning from case studies and exploring adjustments, including rights and obligations regarding:
- absence/time off, including when you consider taking action where there has been extended absence after a non-work injury
- alternative duties or requests for particular classes
- changes in timetable or workload
- flexible work/ work from home arrangements
- changes to the physical environment, furniture or devices where physical injury or disability is involved
Cav. Maria Saraceni, Barrister, Francis Burt Chambers, WA Bar
10.15 Morning Tea
10.45 Professional Boundaries and Reportable Conduct
Professional Boundaries: Clarifying Grey Areas and Acting on Concerns
- Identifying behaviours that cross professional boundaries – the black, the white and the grey
- inappropriate communications with students
- social media posts and comments in groups
- physical contact with students
- relationships with current and former students
- private coaching and tutoring
- Identifying and acting on concerns about professional boundaries
WA Reportable Conduct Scheme: Navigating Grey Areas and Challenges in Practice
Outlining the Scheme and Grey Areas That Have Emerged
- Outlining the reportable conduct scheme – definitions of reportable conduct and who it can be made about
- Dealing with grey areas and practical difficulties schools have encountered in applying the scheme:
- categories of employee
- dealing with historical allegations
- identifying when an allegation is at the reporting threshold
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- identifying reportable “neglect” and “emotional and psychological harm”
- dealing with allegations concerning children who turn 18
- Learning from case studies and scenarios
- Implementing best practice policies to effectively manage reportable conduct
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
12.00 Chairperson’s Remarks
12.05 Lunch
1.00 Chairperson’s Remarks
Dr Lucie McCrory, Principal, Mercedes College
1.05 Drafting Effective and Defensible Allegations and Communications to a Staff Member Where There Is Alleged Misconduct or Disciplinary Action
Drafting Allegations
- Understanding school procedural fairness obligations and how they impact drafting allegations
- Drafting/framing allegations against staff – properly drafting allegations regarding the staff member being investigated or disciplined:
- what extent and level of evidence should be obtained and considered and what should the allegations include
- ensuring that the allegations you communicate to the staff member meet your procedural fairness obligations
- learning from examples
Letters and Communications
- Exploring key elements of best practice communications with the staff member during performance management, disciplinary action or claims
- Learning from case studies – good letter versus not so good letters and communications
Note-Taking and Record Keeping
- Exploring optimum note-taking and record keeping to protect your legal position with staff issues
Rochelle Airey, Special Counsel Workplace Relations and Safety Team, HWL Ebsworth Lawyers
2.05 Challenges in Staffing Activities
Specialist Staff, Including in Music, Peripatetic Staff, Extra-Curricular and Sport: Effectively Navigating Fixed Term Contracts, Independent Contractor Laws and Industrial Agreements
- Exploring how specialist staff are used in schools and work arrangements, including music teachers, sports coaches and other work
- Outlining key laws applying including:
- recent changes to the law affecting fixed term contracts
- laws regarding independent contractors
- applicable industrial agreements
- Examining the challenges and impacts of the current legal framework on use and flexibility with specialist staff
- Exploring options and work-arounds to optimise arrangements with specialist staff in light of changed laws
Staff Pay – Domestic or Overseas Trips
- Determining staff hours on a domestic or overseas trip – what time can reasonably be claimed as time at work
- Understanding pay obligations, including possible obligations to pay overtime at an hourly rate
- Exploring options to optimise staff pay arrangements to maintain the financial viability of domestic and overseas trips
David Scanlan, Employment Law Lead – WA, Mapien Law; Former, Director of People and Culture, St Hilda’s Anglican School for Girls
3.05 Afternoon tea
3.25 Psychosocial Hazards Law and WA Schools: Learnings from Recent Cases, What Schools Have Implemented and Dealing with Claims and Staff “Weaponising” Psychosocial Safety
Outlining Recent Laws Regarding Psychosocial Hazards and Potential Claims
- Outlining the recent changes to WHS legislation affecting schools including:
- examining definitions of psychosocial hazards and how this can include bullying, sexual harassment, and other behaviours
- outlining how it applies to staff, students and others interacting with the school
- understanding obligations to identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
- Understanding what claims staff, students or parents can make against you using the new laws
Learnings from Recent Cases and Attitude/Action of Regulators to Date
- Examining the response of WHS regulators in investigating and enforcing requirements regarding psycho-social hazards. What have been “triggers” of regulator action?
- Examining learnings from investigations and cases applying the new law
Staff Claims, Including Staff “Weaponising” New Laws
- Understanding how staff can “weaponise” recent law changes in response to performance management or disciplinary action
- Examining what changes to performance management and disciplinary processes you should consider to optimise your legal position
- Dealing with staff claims of “unsafe” interactions or work environments – from low level claims to alleged serious failures
Case Studies – What Have Other Schools Implemented/Experienced
- Exploring what schools have implemented to date, including:
- consultation – surveys, focus groups and other tools including committee meetings, team meeting, networks and individual discussions
- exit interviews for identifying hazards
- other data sources/audit tools and records
- control measures to eliminate (or minimise) psychosocial risks
- changes to job design, including duties, workload, team structures, and resource allocations
- changes in approaches to performance management and staff disciplinary matters
- responding to staff “weaponisation” of new psychosocial hazards laws and regulation
Craig Boyle, Partner, MinterEllison
4.25 Chairperson’s Remarks
4.30 Event Close
Day 2 – 11 June 2026 – Student Issues Day
8.45 LawSense Welcome
8.50 Chairperson’s Remarks
Dr Alec O’Connell, Headmaster, Scotch College
9.00 Disability and Behaviour: Navigating Reasonable Adjustments, Support Plans, Risk Assessments, Suspensions and Expulsions
Current Legal Framework and Understanding What is “Reasonable”
- Exploring the range of disabilities encountered by schools impacting student behaviour
- Outlining the current laws affecting disability discrimination in schools
- Exploring circumstances where you can impute disability
Proposed Reforms – Disability Discrimination Act 1992
- Outlining notable proposed changes to the Disability Discrimination Act 1992 (Cth) and potential impacts on student disability and behaviour, including changes to definitions of discrimination, burden of proof and application to discipline and suspensions
Information You Should Collect to Assess and Determine Reasonable Adjustments
- Exploring optimum information collection – what information should you seek of whom
- Dealing with reports from external professionals provided by the parents or advocates. When should you obtain your own professional evidence?
Extent of Consultation Required
- Understanding the extent of your obligations to consult with parents, other stakeholders and advocates. What information should be communicated to parents?
Rights of the School to Determine Adjustments Versus Experts
- Understanding the rights and responsibilities of the school versus health experts to determine what the student requires to meet the diagnosis or disability
Risk Assessments
- Exploring best practice in developing risk assessments, including, when they are required, exploring how extensive assessments should be and who should be involved
Support Plans / Reasonable Adjustments Case Studies
- Learning from case studies and examples:
- how should schools approach determining the limits of reasonable adjustments required in each circumstance, including:
- balancing impacts on other students and staff
- managing experts: responding to experts, briefing, and managing school experts
- determining unjustifiable hardship
- Dealing with parents who refuse to accept or cooperate regarding impacts of the student’s behaviour on staff or other students
- Documenting steps and decision making regarding reasonable adjustments to ensure compliance and optimise your legal position
- how should schools approach determining the limits of reasonable adjustments required in each circumstance, including:
Discipline, Suspensions and Expulsions
- Outlining and balancing key laws applying to suspensions and expulsions of a student with a behavioural disability, including:
- student rights and procedural fairness, including Human Rights legislation
- obligations to staff, including WHS and other obligations
- School discipline examples and case studies:
- managing ongoing discipline of a student with behavioural disability issues
- navigating suspensions
- expulsions – key considerations and navigating pitfalls
- Effectively documenting steps, communications, and decisions regarding expulsions to protect your legal position
David Scanlan, Employment Law Lead – WA, Mapien Law; Former, Director of People and Culture, St Hilda’s Anglican School for Girls
10.30 Morning Tea
11.00 Social Media and Bullying Updates and Students Targeting Staff Online
Bullying Update: Navigating Recent Cases, Rapid Review, Bullying on Social Media, Obligations Beyond the School Gate, Dissatisfied Parents, AVOs Between Students
Applicable Laws and Government Anti-Bullying Rapid Review
- Outlining relevant laws applying to student bullying
- Examining the implications of the Anti-Bullying Rapid Review
- Examining obligations in identifying bullying, including grey areas such as social exclusion
School Obligations Beyond the School “Gate”
- Reviewing recent cases and implications regarding a school’s duty to address bullying beyond the school gate – how has this been extended?
Navigating Particular Challenges with Online Bullying
- Navigating particular challenges in dealing with online bullying, including determining the extent of your duties for conduct outside school hours, or conduct involving students outside the school
Supervision/Monitoring of Online Activity, Including Student Activity Outside School Hours
- Exploring the boundaries of a school’s duty of care in monitoring student online activity, including outside school hours
- Using monitoring software on student managed devices:
- what can you legally monitor and ensuring you have adequate consent
- to what extent should you have human monitoring/ escalation to humans?
- what is your legal exposure for an incident where a greater degree or availability of human monitoring could have prevented harm?
- what are your responsibilities to act where the information you collect indicates a student may be at risk, including when the information arrives outside school hours
Managing Challenges in Proving Bullying Conduct
- Managing Challenges in investigating and proving bullying conduct, including searches of student devices and files and interviewing students
Parent Demands or Dissatisfaction with School Response
- Dealing with parents seeking to dictate consequences for the perpetrator of bullying, including parents providing reports from psychologists or other professionals
AVOs Between Students
- Managing AVOs between students as a result of bullying allegations
Dealing With Students Targeting Staff Online
- Outlining the applicable laws and obligations where students target staff online, including:
- potential offences by the student and reporting to police
- obligations to staff, including psychosocial hazards
- navigating circumstances where it is not an offence, but potential bullying or breach of school values
Student Social Media Update: Navigating Social Media Age Limits and Learnings from School Experiences
- Examining the new laws regarding age limits on social media use, including examining exceptions
- Exploring the implications of the new laws for schools:
- exploring impacts on the duty of care
- what action should you take if you suspect students are using social media in breach of the age limit?
- do the changes provide further rights or expectations for the school to search student devices or monitor social media use
- Learnings from school experiences to date
- Updating school polices to deal with the changes in social media laws
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
12.25 Chairperson’s Remarks
12.30 Lunch
1.15 Chairperson’s Remarks
Matthew O’Brien, Principal and CEO, Bunbury Cathedral Grammar School
1.20 Drafting Effective Letters and Communications to Parents: Dealing with Challenging Student Issues, Responding to Complaints, Difficult Parents and Legal or Media/Publicity Threats
- Exploring circumstances where there is a heightened need in schools to craft communications to advance or protect the school’s legal position, including:
- student discipline
- parent complaints/difficult parents
- student disability
- investigations
- severing enrolment
- Understanding your audience
- Developing a communications strategy and objectives and considering your options, including informal versus more formal approaches
- Implementing communications to avoid a claim
- Using “Without Prejudice” communications to try and negotiate an outcome without prejudicing your legal position
- Case studies and examples – what are the ingredients of an effective letters or communications. What has landed well and not so well?
Jennifer Maccarone, Legal Counsel, Catholic Education WA (CEWA)
2.20 Student Harmful Sexualised Behaviours: Navigating Allegations of Sexual Assault Between Students, Including Historical Claims, and Responding to Sexting and Deep Fakes
Duties Regarding Sexualised Behaviours and Claims
- Exploring aged appropriate behaviours and legal definitions for sexual offences
- Outlining your obligations in dealing with allegations of harmful sexualised behaviours between students
Extent of The School’s Duties
- Examining the obligations of the school where an alleged incident:
- occurred outside school hours or activities
- involves students from other schools
- involves students who are 18 or over
Examining When Reporting Obligations to Agencies and Police Are Triggered
- Evaluating when legal obligations to report and notify police are triggered
- What steps should be taken where there are only rumours or suspicions?
- Understanding the obligations and options of the school where the alleged victim does not wish the matter to be disclosed, investigated or reported or is not cooperative
Navigating Privacy Considerations
- Dealing with requests from students not to inform their parents
- Examining potential legal risks where the school counsellor is involved with both students
- Understanding the extent to which you can disclose allegations or investigations to staff
- Balancing privacy obligations with your duties to other students and parents
Dealing with Police
- Understanding rights and obligations in Police interviewing students or staff or police requesting your records or other information
Communicating with the Alleged Perpetrator, Survivor/Victim and School Community
- Understanding how communications between the school and parties can and has been used in evidence
- Communicating in a way that is supportive, but considers the legal position of the parties involved, including the school
Investigating Suspicions or Allegations
- Understanding when an investigation is required and the extent of any investigation
- Examining the potential limits on a school investigating while other agencies, such as police are involved
- Understanding the potential role of legal privilege
- Obtaining evidence from students – navigating rights and obligations and dealing with hearsay
Particular Issues with Historical Claims
- Examining particular challenges in responding and investigating where claims are made some time after students have left the school or the relevant staff are no longer at the school
Sexting and Deep Fakes-Applicable Laws and Obligations
- Reviewing the legal frameworks for young offenders with online offences including sexting, “sextortion” and deep fakes
- Examining the obligations of the school where staff are the subject of deep fakes
Responding to Deep Fakes and Sexting
- Understanding legal restrictions on the school copying, storing or sharing the offending explicit material, including deep fakes
- Exploring how schools should respond to material affecting students and teachers including:
- preservation of the images and collecting evidence
- reporting to agencies such as the eSafety Commissioner or police, including what information should be provided
- understanding the extent to which the school should conduct its own investigation
- obligations in managing wellbeing/psychosocial impacts
- Calibrating disciplinary responses by the school where police determine to take no action
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
3.20 Afternoon Tea
3.40 Conflict Between Parents
Understanding and Interpreting Family Court Orders, Rights and Obligations Where There Are No Court Orders and Navigating Subpoenas and Domestic Violence Orders
Rights and Obligations Where there are No Court Orders
- Understanding parent rights and responsibilities where there are no court orders or any written agreement/arrangement
Understanding and Interpreting Court Orders
- Outlining how Family Court Orders can dictate:
- the obligations of parents, including consequences of non- compliance
- school obligations
- Understanding and interpreting Family Court Orders and parenting agreements including:
- Interim Orders
- Final Orders
- the difference between Family Court Orders and Parenting Plans
- orders regarding parental responsibility and living with/spending time with one parent or the other
- responsibility for day-to-day and longer-term decision regarding the child
- Learning from examples of different Court Orders and Parenting Plans
Recent Law Changes Regarding Objecting to Subpoenas
- Understanding the new option to object to a family court subpoena based on “protected confidences” and how it may be used by schools
Challenges – Consent to Counselling, Information Requests by a Parent, Student Wishes
Providing Information to One Parent or the Other
- Examining factors dictating what information can be provided to or withheld from a parent
- Navigating circumstances where one parent agrees to counselling, but asks that you do not inform the other parent
- Understanding the role of the students wishes/consent:
- when should student consent be sought in releasing information to parents
- when do student wishes about parent information access override parent requests
- understanding how student wishes should be documented where information is going to withheld from one parent or another
School Obligations – Providing Information to Non-Parents
- Understanding rights and obligations in providing information to:
- step-parents or grandparents; should you pass on messages to the student from grandparents?
- lawyers for the parent or Independent Children’s Lawyer
- family professionals providing reports, including Family Report Writers
Consent to Counselling
- Navigating circumstances where:
- one parent agrees to student school counselling but the other does not
- the parents do not agree to counselling but you assess that the student needs it
Pick-Ups, Drop-Offs and Student Wishes Contrary to Court Orders
- Navigating circumstances where:
- a parent is seeking to pick up their child from school contrary to Court orders
- the student does not want to go with or stay with one parent despite Court orders
Liability for Fees
- Clarifying respective parent obligations to pay school fees after separation
Family Domestic Violence Orders
Navigating Domestic Violence Orders and Obligations Where You Suspect Domestic Violence / Coercive Control
- Examining common orders made in Family Violence Restraining Orders in the context of parent relationship breakdown
- Do they override other orders, such as interim Family Court orders?
- What steps should you take to ensure that the Order is current? Are you entitled to ask for a copy of the orders?
- Understanding your obligations where you suspect domestic violence or coercive control – what evidence do you require before escalating/reporting?
Framy Anne Browne, Partner, Family and Private Clients, Lavan
4.40 Closing Remarks
4.45 Event Close
Presenters / panelists include:
Cav. Maria Saraceni practises in regulatory and compliance law and advises on corporate governance matters. Her wealth of experience across all facets of employment law, industrial relations and workplace health and safety is well recognised. In addition to her legal work, Maria gives back to the community via her work as a non-executive director on various statutory and not-for-profit boards.
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.
Rochelle Airey has experience in working with employers in a wide range of industries, including education, aged care, disability services, local government, community services, mining and construction. She assists employers at all stage of the employment cycle. Prior to her career in law, Rochelle spent 18 years as a secondary school teacher and administrator working in regional and metropolitan schools.
David Scanlan is currently a Senior Employment Lawyer at Mapien Law heading up their WA office, having commenced in September 2025. Prior, David was the Director of People & Culture at St Hilda’s from 2020. In this role he drove the people development, cultural development, talent acquisition and compliance functions of the School.
Craig Boyle provides advice across the full spectrum of workplace relations issues. Craig has been recognised as a Leading Employment Lawyer in Doyles Guide WA for 2018 and also ranked in the First Tier Employment Law Firm category in WA for 2018. He holds an MBA from the University of Western Australia in addition to his qualifications in Law and Industrial Relations.
Framy Anne Browne is the lead partner of Lavan's Family & Private Clients team, specializing in providing comprehensive family law advice. With extensive experience handling matters of considerable commercial and factual complexity, Framy is adept in issues involving intricate financial arrangements, overseas interests, partnerships, superannuation, companies, and trusts.