LawSense Law for School Counsellors NSW 2025

Now in its 11th Year – Live Online & Recorded

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Program

SESSION One: 29 October 2025

12.00    LawSense Welcome

12.05    Chairperson’s Remarks

12.10    Effectively Balancing Rights, Obligation & Challenges in Dealing with Parents, Including Disclosure to Parents and Student Consent, Separated Parents and Non-Cooperative or Non-Engaged Parents

Limits of Rights & Obligations in Disclosure to Parents

• Examining the extent of your obligation to disclose information to parents or carers
• Outlining circumstances where you can decline to provide information to parents or carers

Student Wishes & Consent, Assessing the Mature Minor and Considerations with Non-Disclosure to Parents

• Examining legal requirements in assessing and managing mature minors
• Exploring duty of care issues in not disclosing to parents and practical considerations
• Exploring circumstances where you would be able to provide information to a parent without student consent
• Effectively documenting assessment about whether a student is a mature minor

Separated Parents – Consent to Counselling and Rights to Information

• Exploring what parent can consent to student counselling where there is family separation
• When do you need consent from both parents?
• Understanding parent rights to information where there are no Court orders:
  • should information provided to one separated parent about counselling be provided to the other? What if the student or other parent objects?
• Understanding how domestic violence orders can affect information provided to the parent

Parent Disagreement/Non-Engagement

• Navigating rights and obligations where there is disagreement between parents about student care
• Understanding your duty of care and obligations where parents deny there is an issue with the student or are disengaged:
  • to what extent are you required to take proactive steps?
  • when does mandatory reporting apply?

Amy Walsh, Special Counsel, MinterEllison

1.10      Break

1.25      Clarifying Your Legal Duties in Responding to Bullying and Cyberbullying

• Outlining current laws applying to bullying/cyberbullying and proposed changes to social media age limits
• Examining what sort of behaviour falls within the legal definitions of bullying or conduct requiring action
• Understanding your obligations in investigating incidents:
  • should you make enquiries or investigate?
  • what reasonable steps should you take and what evidence should you seek?
• Understanding the scope of powers of the e-Safety Commissioner and other enforcement agencies
• Clarifying your obligations in responding where:
  • conduct occurs outside school with students from other schools
  • a student does not wish you to act or disclose to parents
  • a student discloses potential crimes
• Outlining notable recent cases and implications for school counsellors

Leighton Hawkes, Principal, McCabes

2.25      Break

2.35      Family Conflict: Navigating Parent Separation, Recent Family Law Changes, Domestic Violence Orders and Subpoenas

Understanding Agreements and Court Orders

• Understanding agreements that can be made between parents and the limits of the obligations they can impose
• Outlining how Family Court Orders can:
  • dictate the obligations of parents, including consequences of non- compliance
  • impact school obligations
• Examining the impacts of recent 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
• 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
  • understanding parent rights and responsibilities where there are no court orders or any written agreement/arrangement
• Learning from examples of different Court Orders and Parenting Plans

Navigating Domestic Violence Orders and Obligations Where You Suspect Domestic Violence / Coercive Control

• Examining common orders made in Apprehended Domestic Violence 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 Apprehended Domestic Violence Order is current?
• Understanding your obligations where you suspect domestic violence or coercive control
• What evidence do you require before escalating/reporting?

Parent Separation – Consent to Counselling and Rights to Information

• Exploring what parent can consent to student counselling where there is family separation
• When do you need consent from both parents?
• Understanding parent rights to information where there are no Court orders:
  • should information provided to one separated parent about counselling be provided to the other? What if the student or other parent objects?

Objecting to Subpoenas/Information Requests

• Examining key considerations in deciding to object to production of subpoenaed documents or information requests
• Dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
• Understanding options to legally object to a subpoena, reduce its scope or limit access to documents
• Exploring circumstances where you might object to a subpoena from the Independent Children’s Lawyer
• What should be contained in your communication to the Court regarding your objection?
• Obtaining payment for time spent and photocopying to deal with a subpoena

Susan Warda, Partner, Mills Oakley Lawyers

Understanding the Role of Parenting Coordinators and How They Can Work to Resolve Conflict

Antonia Marran, Associate, Mills Oakley Lawyers

3.55      Closing Remarks

4.00      Session Close

SESSION TWO: 5 November 2025

12.00    LawSense Welcome

12.05    Opening Remarks

Jennifer Coen, State Manager – Wellbeing, Catholic Schools NSW

12.10    Case Studies: Exploring Best Practice Note-Taking – Good Versus Bad Notes

Principles to Apply

• Outlining key principles to apply in note-taking and record keeping by school counsellors, including:
  • level of detail or clarity
  • ensuring you cover key aspects
  • “loaded” words from which inferences could be drawn about the writer
  • recording conversations and dealing with hearsay
  • communications with external professionals
  • recording your hypotheses, investigations, conclusions and setting out the basis of opinions
  • making changes to notes after they were originally written
  • naming or referring to other individuals in case notes

Learnings from Examples and Case Studies – Good v Bad Notes

• Exploring best practice note-taking and good versus not so good notes in particular areas:
  • cyber bullying
  • sexualised behaviours/assault
  • anxiety, self-harm
  • case management of complex matters

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

1.10      Break

1.25      AI Update: Understanding Evolving AI Use Options for School Counsellors, Ensuring Legal Compliance and Managing Risk

Reviewing AI Applications for Counsellors Including for Efficiency and Usefulness, Security, Privacy, Storage Practices and Use of Data

• Exploring AI applications used in mental health for note taking, risk assessments and reports, meetings and other functions
• Reviewing the current AI applications:
  • how do they operate to provide benefits and efficiencies
  • examining how/where do the applications store and use data, what data protections to they have in place:
• Understanding how the applications are evolving and how this could affect school counsellors practice in the short and medium term

Ensuring Legal Compliance in Using AI – Navigating Rights, Obligations and Risks with Different Applications

Privacy, Legal and Compliance Requirements

• Understanding options to use AI for generating notes, treatment plans and reports in mental health practice and how some clinicians are currently using the technology
• Examining current legal and risk issues in using AI:

• • privacy and data use risks
  • accuracy/reliability
  • contractual terms of AI software/service providers
• Understanding the application of existing law and regulation, including:
  • privacy and confidentiality, including privacy reforms
  • surveillance laws, use of recordings
  • contractual requirements in a platform’s terms of service, including examining the terms of
  • understanding The Artificial Intelligence (AI) Ethics Framework and application to practitioners

Reviewing Some Available AI Applications for Compliance and Legal Risk

• Running the privacy and legal compliance “ruler” over some AI applications currently available to counsellors – can you use them in a legally compliant way, what changes or “work-arounds” should you implement or request?

Examining Questions to Check / Ask AI Suppliers and Implementing Effective AI Policies

• Examining key requirements or questions to ask of AI supplier to optimise legal compliance and risk management
• Exploring optimal AI policies for counsellors practice to implement

Leah Mooney, Privacy, Cyber Security and Tech Risk Lead, Willis Tower Watson

2.25      Break

2.40      Dealing with Harmful Sexualised Behaviours Between Students

• Understanding the role of the school counsellor in supporting the alleged survivor and/or alleged perpetrator
• Examining potential risks and conflicts where the school counsellor is involved with both students
• Understanding your duties where agencies will not act, or they close the case and you still consider there are ongoing issues
• Understanding the obligations and options where the alleged victim does not wish the matter to be disclosed, investigated or reported
• Balancing privacy obligations with your duties to other students and parents

Examining When Reporting Obligations to Agencies and Police Are Triggered

• Evaluating when legal obligations to report and notify police are triggered

Dealing with Police

• Police interviewing students or staff:
  • what are a school’s rights and obligations to participate?
  • what are the rights of the alleged student perpetrator and student witnesses
  • supporting a student or participating in police interviews – key matters to consider
• Examining your rights and obligations in meeting requests for documents or other material from the police.
• Providing a witness statement and giving evidence to police – what is your exposure and how should this be managed?

Communicating with the Alleged Perpetrator, Survivor/Victim, Parents

• 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

Meisha Tjiong, Partner, Wotton Kearney

3.40      Closing Remarks

3.45      Event Close

Presenters / panelists include:

	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.
	Leighton Hawkes commenced his career in claims management and other technical roles with a major Australian insurance, working on claims for the NSW Treasury Managed Fund (TMF). This past experience has allowed him to better understand his government client’s needs and has assisted the firm to develop true partnerships with the various agencies for whom he acts. Leighton has acted for the NSW Department of Education for a large number of years. Presently he acts in a diverse range of matters.
	Dr Gary Banks is a Clinical and Forensic Psychologist. Gary has been appointed to the NSW Children’s’ Court Clinic since its inception and as a Single Expert and Family Consultant to the Federal Circuit Court and Family Law Court across Australia. In addition to a number of other clinical positions, Gary has been a provider to the Commonwealth and NSW Offices of the Director of Public Prosecutions and Legal Aid Commission for more than 20 years. He is also an expert reviewer for the NSW Psychology Council and the NSW Health Care Complaints Commission.
	Susan Warda is an accredited specialist in family law, and has been previously named Woman Lawyer of the Year in Private Practice by the Women Lawyers Association of NSW. She is an experienced mediator and also undertakes the separate representation of children
	For more than 20 years, Leah Mooney has provided legal, regulatory, risk and governance services to corporate and government entities. She is best known for helping organisations to understand data privacy, cyber security and technology risk and compliance, with a particular focus on responding to complex data breaches, security of critical infrastructure, countering foreign interference, and high-risk AI technologies.

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