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

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Remarks

The Reverend Timothy Bowden, Headmaster, Trinity Grammar School

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

Acting Inspector Ashley Metcalfe, Manager, Covert Applications Unit, Operational Legal Service 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:

	Timothy Bowden is the Headmaster at Trinity Grammar School, having taken up this role in 2018. Originally trained as a teacher of English and Media Studies, he trained for the ministry at Moore Theological College and has been ordained in the Anglican Diocese of Sydney. He has since completed master’s degrees in educational leadership and in business administration. Tim was Chaplain and Head of Middle School at St Andrew’s Cathedral School, before his appointment as Principal of Inaburra School in the Sutherland Shire, where he served for seven years.
	Acting Inspector Ashley Metcalfe has been a police prosecutor for over 20 years and is currently the manager of the NSW Police Force Covert Applications Unit, where he has worked since 2009. The Covert Applications Unit is a team of legal consultants, drawn primarily from legal or criminal investigations backgrounds who provide advice, consultancy, and advocacy on behalf of detectives to obtain specialised legal warrants and authorities used to investigate serious and organised crime.
	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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