LawSense Dealing With Difficult Ratepayer & Community Behaviour VIC

Navigating Rights & Obligations With Difficult & Vexatious Rate-Payers, Bullying of Staff, Unreasonable Demands, Online Criticism, Subpoenas / Information Requests

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Program

9.00       LawSense Welcome

9.05       Chairperson’s Introduction

Darren Fuzzard, CEO, Mount Alexander Shire Council

9.10       Dealing with Challenging Individuals: Examining Changing OH&S Obligations

• Your OHS obligations arising from unreasonable community conduct towards staff (lower level conduct, online criticism, threats of violence, and everything between)
• The role of the “Code of Practice: Managing psychosocial hazards at work”
• Examining options to address unreasonable community conduct and the limitations on those options
• The tension between OHS obligations and human rights
• Legal options available to staff, and Council’s role in those proceedings or mediation processes

Anthony Massaro, Principal, Russell Kennedy Lawyers

10.10    Break

10.20    Implementing Best Practice Policies, Communications and Record-Keeping to Effectively Manage Complaints and Learning from Recent Council Experiences

• Examining effective polices in receiving, triaging, escalating and managing complaints
• Managing communications:
  • when to phone, email or meet
  • dealing with requests by ratepayers to record communications or meetings
  • taking and distributing notes of meetings or other interactions
• Implementing effective record keeping to protect your legal position – understanding what you should record and who should be keeping notes of records
• Using “Without Prejudice” communications to try and negotiate an outcome without prejudicing your legal position
• Knowing when to get lawyers involved

New Policy Case Studies – How Have New Complaints Policies Implemented By Councils Worked?

• Examining new or significantly updated policies recently implemented by Councils. What aspects of the policies improved outcomes and what aspects needed to further work?

Nikola Prestia, Partner, HR Legal

11.20    Break

11.30    Responding to Complaints to the Ombudsman or Local Government Inspectorate and Dealing with Investigations

Powers and Role

• Understanding the role and powers of the Local Government Inspectorate and the Ombudsman
• Examining how the Local Government Inspectorate and the Ombudsman deals with complaints and decides to investigate or take further action

Responding and Protecting Your Legal Position

• Understanding your rights and obligations in responding to claims and requests for documents
• Dealing with investigations
• Making effective submissions

Kate Oliver, Partner, Maddocks Lawyers

12.30    Break

12.40    Managing and Understanding Your Rights in Objecting To or Limiting FOI Requests and Subpoenas

Subpoenas

• Examining key considerations in deciding to object to production of subpoenaed documents or information requested by the Family Court, Coroner and other agencies
• Dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
• Understanding options to legally object to a subpoena
• What should be contained in your communication regarding your objection?

The FOI Act

• Outlining key provisions in the Freedom of Information Act 1982 relevant to local government
• Examining the extent to which you are required to search for documents or information
• Understanding when you can decline to provide certain types of documents or information
• Dealing with a review of the decision not to provide certain documents

Melanie Olynyk, Partner, Maddocks Lawyers

1.40       Chairperson’s Conclusion

1.45       Event Close

Presenters / panelists include:

	Darren Fuzzard commenced his role as Chief Executive Officer of Mount Alexander Shire Council in July 2016. Darren is accountable for the overall management and performance of the organisation. As Chief Executive Officer, he chairs the Executive Team which comprises the CEO and both Directors. Organisational Capability and Local Economy report directly to the CEO.
	Anthony Massaro has been providing advice on employment, discrimination and safety issues for over 18 years. Since 2014, Anthony has been recognised in Best Lawyers in relation to his expertise in Occupational Health and Safety Law. He has written or contributed to articles in The Age, the Courier Mail, the Law Institute Journal of Victoria, and the Victorian Women Lawyers’ Journal.
	Nikola is a Workplace Relations and Safety Lawyer providing strategic advice and solutions in response to client’s workplace relations needs. Prior to joining HR Legal as a lawyer in 2018, Nikola gained a wealth of experience assisting employers with a range of employment law matters including award and enterprise agreement interpretation, wages, contractual arrangements, dismissal disputes, discrimination, performance management and more.
	Kate Oliver has developed a specialised practice in the area of governance for local government. She has extensive experience providing strategic advice to Victorian councils on the entire range of governance and regulatory matters and represents clients in proceedings before VCAT and the Victorian Supreme Court. Kate’s lengthy experience acting for councils means that she is especially familiar with, and has a deep understanding of, the mechanisms of local government and the unique needs of Victorian councils.
	Melanie Olynyk acts for government clients in public and administrative law, with a particular expertise in freedom of information (FOI) and privacy. Melanie has appeared or instructed in numerous proceedings before tribunals and courts in these areas. She also provides regular and wide-ranging advice to government clients on their statutory powers and duties and the operation of legislation affecting their activities.

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