Dealing with allegations, rights and obligations, sexting, sexual assault, consent. Tailored to laws applying in WA.
| Date | 11 October 2024 |
| Time | 12.00pm-2.45pm AWST (Perth time) |
| Venue/Format | Live Online with recording (recording access expires 11 November 2024) |
| Pricing | $255. Price includes gst. |
| CPD | This PD addresses 7.2.2. of the Standards |
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Program
12.00 LawSense Welcome
12.05 Opening 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
Fiona Hugo, Partner, Barrister & Solicitor, Tehan Legal
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; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)
2.40 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. |