LawSense Child Safety QLD – Allegations Against Staff and Best Practice

Navigating Rights & Obligations Regarding Staff & Students Where an Allegation is Made and Examining Best Practice in 2024. Tailored for schools in QLD

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Jennifer Blackshaw, Director – Organisational Services, Diocese of Townsville, Catholic Education

12.10    Examining Current Child Safety Obligations, Standards and Enforcement and Exploring Best Practice in Schools

• Reviewing key legal frameworks applying to child safety, including duty of care, Child Safe Standards and mandatory reporting
• Examining the role and approach of regulators
• Understanding the role of the Board and ensuring you properly report child safety issues to the Board
• Staff recruitment and ongoing training – implementing effective due diligence and meeting obligations
• Managing obligations with external contractors or service providers, including with off-campus activities
• Exploring best practice child protection frameworks – learning from case studies and examples of what schools have implemented

Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

1.10      Break

1.20      Responding to and Investigating Child Safety Allegations Against Staff: Navigating Duties to the School, Students, Families and The Staff Member

Key Considerations Once a Report is Made

• Exploring the risks and considerations once a report has been made or an investigation has commenced:
  • risk to students and your duty of care
  • communication of information to families. What families should be informed? Should the whole of school be informed?
  • informing staff – should only selected staff be informed?
  • the rights of the person the subject of the report – privacy, damage to reputation and defamation
  • reputational damage to the school during the process
  • if information about the report is to be communicated – what should it contain, what level of detail should be used?

Applicable Legal Frameworks and Child Safety Conduct Investigations

• Examining the applicable legal framework, including reviewing mandatory reporting / reportable conduct obligations
• Examining the extent of investigation required by schools and dealing with regulators and the police

Staff Member Rights and Obligations

• Understanding the rights of the staff member and providing support
• Examining options for suspension
• Navigating reputational impacts on the staff member and privacy
• Managing impacts where the person the subject of the report is charged or exonerated

Eustacia Yates, Special Counsel, Corney & Lind Lawyers

Fran Keyes, Practice Leader, Employment and Discrimination Law, Corney & Lind Lawyers

2.20      Break

2.30      Professional Boundaries: Clarifying Grey Areas and Acting on Concerns

• Identifying behaviours that cross professional boundaries – the black, the white and the grey, including
  • 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

Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

Presenters / panelists include:

	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.
	Eustacia Yates has a wealth of practical experience as a family lawyer. Since graduating in 2002 Eustacia has practiced almost exclusively in family law working in law firms across the globe in Brisbane, Melbourne and Washington DC. Some examples of Eustacia’s recent matters include: A complex domestic violence and parenting matter where one parent’s psychological diagnosis represented a risk of harm to the child and spousal support and property settlement matter where one spouse was retired and the other spouse was continuing to work.
	Fran Keyes is currently the Practice Leader at Corney & Lind's Employment and Discrimination Law practice. Fran’s has extensive experience advising and representing institutional clients, schools, charities, not-for-profits, in matters relating to employment law, discrimination law, safety law, school law, disciplinary law, unlawful termination, general protections, bullying and harassment, contracts including restraint of trade and confidentiality clauses, dispute resolution including mediation, workers compensation, institutional abuse and public liability.

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