LawSense Dealing With Harmful Sexualised Behaviours Between Students NSW – Allegations, Sexting, Assault, Consent

Tailored to provide guidance on rights, obligations & responses regarding laws applying in NSW

Date7 November 2024
Time12.00pm-2.45 pm AEDT
FormatLive Online & Recorded. The recording can be viewed until 7 December 2024
Pricing$255. Prices includes gst.
CPDThis PD addresses 7.2.2. of the Standards
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12.00    LawSense Welcome

12.05    Chairperson’s Remarks

12.10    Sexting, Sexual Assault and Consent: Understanding the Laws in Your State, How Police Decide to Investigate and Charge and Examining How the Courts Have Applied Laws to Young Alleged Offenders

  • Reviewing the legal frameworks and courts dealing with young offenders
  • Examining how the law views responsibility at different ages – from primary age to secondary
  • Understanding key State and Commonwealth laws – sexting, sexual assault and consent
  • Examining recent changes and cases involving consent – how have the Courts analysed and balanced conflicting evidence?
  • Exploring consent where alcohol or other drugs are involved
  • Examining how the Courts have dealt with sexting offences
  • Understanding how police assess whether to investigate and what evidence and assistance can be required from schools
  • Understanding bail and sentencing of young offenders

Inspector Sasha Harding, Manager, Solicitor, Covert Applications Unit, Operational Legal Services Command, NSW Police Force

1.10    Break

1.20    Examining a School’s Rights, Duties and Obligations in Dealing with Allegations, the Alleged Perpetrator, the Survivor/Victim and Other Students

Understanding the Extent of The School’s Duties

  • Exploring to what extent you should be familiar with laws relevant to sexual assault and consent to fulfill the school’s obligations
  • Understanding the extent of your obligations to educate students about criminal law issues, including consent
  • Examining the obligations of the school where the 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 of abuse or offending?
  • 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 you not inform their parents
  • Examining potential risks and conflicts where the school counsellor is involved with both students
  • Understanding the extent to which you should or shouldn’t disclose allegations or investigations to school staff members
  • Balancing privacy obligations with your duties to other students and parents

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 the police wish to interview
    • 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 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
  • Exploring optimum approaches to communicating with parents and the school community

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
  • Making appropriate findings and deciding reasonable consequences

Ben Tallboys, Principal, Russell Kennedy Lawyers

2.40      Chairperson’s Closing Remarks

2.45      Event Close

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.

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