Date4 November 2026
Time12.00pm-2.30pm AEDT (Syd/Mel time)
FormatLive Online & Recorded. The recording can be viewed until 4 December 2026
Pricing$295. Prices includes gst.
CPDThis PD addresses 7.2.2. of the Standards
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Program

12.00    LawSense Welcome

12.05    Opening Remarks

David Baker, Principal, Woodleigh School (Victoria)

12.10    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

  • 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

Allegations of “Domestic Violence” or Coercion / Coercive Control

  • Navigating allegations of domestic violence or coercion between students

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

Implementing Interim Measures

  • Examining the extent of your obligations to implement interim measures pending investigations
  • Exploring best practice risk assessments
  • Managing challenging scenarios and learning from case studies

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

Managing Outcomes, Risk and Discipline

  • Assessing risk and managing circumstances where:
    • no action is taken against the alleged perpetrator by police or they are exonerated
    • there is no action by police, but the school investigation indicates wrongdoing or inappropriate behaviour by the alleged perpetrator

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

1.10      Break

1.25      Navigating Investigations: Understanding When, To What Extent and How the School Should Investigate and Dealing with Police

Investigating Suspicions, Allegations or Where Police Take No Action

  • 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
  • Exploring when an external investigator should be used
  • Obtaining evidence from students:
    • examining rights and obligations in taking or searching student belongings, phones or laptops
    • understanding restrictions on copying or storing material regarding sexualised behaviours
    • navigating rights and obligations and dealing with hearsay
  • Making appropriate findings and deciding reasonable consequences

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 witnessing 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?

Fiona Manderson, Principal, Aloncaws Mediation & Investigation; Inhouse Counsel, Hillcrest Christian College

2.25      Closing Remarks

2.30      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.
Fiona Manderson has been a practicing solicitor for more than 20 years working in traditional law firms and Legal Aid Queensland before a nearly six-year stint as Head of Compliance, Risk & Legal at Hillcrest Christian College. She has now opened her own business – Aloncaws Mediation & Investigation and is transitioning out of her inhouse role at Hillcrest.

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