| Date | 27 February 2025 |
| Time | 12.00pm-4.55pm AEDT (Syd/Melb time) |
| Venue | Live Online with recording (recording access expires 27 March 2025) |
| Pricing | $440 Price includes gst. |
| Sector | Non-State Schools |
| CPD | Addresses 7.2 of the Australian Professional Standards for Teachers |
Register
Program
12.00 LawSense Welcome
12.05 Chairperson’s Remarks
12.10 Effectively Navigating Legal and Regulatory Frameworks and Managing Funding and Regulator Audits
ELC Models, Applicable Laws, Optimising Governance Structures and Funding
- Exploring models for ELCs – education versus day care
- Outlining legal and regulatory frameworks applying to ELC’s
- Examining different structures, arrangements and relationships ELC’s have with schools – what are particular governance and compliance challenges to consider in different structures
- Examining funding options and opportunities
Dealing with Regulators
- Examining the role of different regulators/agencies with ELCs and regulator powers
- Exploring obligations and best practice in reporting to and communicating with ELC regulators
- Effectively managing regulator reviews and How have ELC’s been criticised or failed audits?
Kate Pennicott, Special Counsel, MinterEllison
1.10 Break
1.20 Dealing with Child Protection Grey Areas in ELCs
- Outlining key legal frameworks applying to child safety in ELCs
- Navigating challenges in investigating and assessing information obtained from children in ELCs. How should this be approached and when do reportable conduct obligations apply?
- Managing obligations with external contractors or service providers
- Optimising record-keeping
Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)
2.20 Break
2.35 Chairperson’s Remarks
2.40 Child Disability: Navigating Enrolment and Reasonable Adjustments
Current Legal Framework and Potential Reform
- Reviewing the current laws affecting disability discrimination in schools and potential reform
- Understanding current interpretations of disability laws, including the implications of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
- Exploring circumstances where you can impute disability
Information You Should Collect Prior to Enrolment and Pre-Enrolment Contracts Regarding Disclosure
- Understanding the legal limits regarding information you can and cannot collect
- Exploring optimum information collection – what information should you seek of whom
- Dealing with reports from external professional provided by the parents or advocates. When should you obtain your own professional evidence?
- Entering into a pre-enrolment contract with the parents requiring provision of all relevant information
Extent of Consultation Required
- Outlining the laws requiring consultation
- Examining what constitutes a reasonable level of consultation. What information should be communicated to parents?
Declining Enrolment – Assessing Unjustifiable Hardship
- Examining when you can decline enrolment for ‘unjustifiable hardship’. What is ’unjustifiable’?
- Balancing the impact on:
- other students – to what extent does this factor into ‘unjustifiable hardship’ or ‘reasonable’ adjustments?
- impacts on staff – understanding what to consider
-
- factoring in limitations on resources as a result of already supporting a number of children with a disability
Parents Not Disclosing or Not Concerned About Meeting Educational Needs
- Managing discrimination obligations where the child has a disability that was not disclosed by parents/guardian in the enrolment process
Disability Emerging After a Place Has Been Offered or Accepted
- Managing obligations where:
-
- a place has been offered, but the child develops a disability prior to commencing school
- a disability is developed post-enrolment
Reasonable Adjustments
- Exploring how should schools approach determining the limits of reasonable adjustments required in each circumstance
- Balancing impacts on other children and staff
- Managing experts: responding to experts, briefing, and managing school experts
- Understanding the rights and responsibilities of the school versus health experts to determine what the student requires to meet the diagnosis or disability
Optimising Documentation
- Implementing documentation and communications to optimise recording keeping and protect your legal position
Trent Forno, Partner, MinterEllison
3.40 Break
3.50 Dealing with Difficult Parents and Complaints: Understanding Rights and Obligations and Implementing Effective Approaches to Addressing Issues
Outlining Key Applicable Laws, Including New Psychosocial Hazards Laws
- Defining the difficult, vexatious or bullying parent and exploring common instances of difficult parents
- Reviewing key laws, including understanding new psychosocial hazards laws and how these affects dealing with difficult parents
Navigating Separated Parents in Conflict
- Understanding particular rights, obligations and approaches in dealing with issues from separated parents in conflict
- Dealing with alleged breaches of Family Court orders or domestic violence orders by one parent in approaching or attending the ELC
Particular Challenges – Transition to Primary
- Exploring an ELC’s rights, obligations and risks in deciding to decline/delay a child’s transition to primary and dealing with parents
Options in Responding to Conduct by Parents
- Responding to posts or messages online – understanding the legal position and options of the school and/or staff targeted and potential pitfalls
- Restricting or limiting communication with a parent
- Exploring options to decline further enrolment of the child because of conduct by a parent
Parent Code of Conduct and Policies
- Outlining key aspects of a best practice Parent Code of Conduct charter
- Implementing best practice polices to manage complaints
Tracey Jessie, Principal, Jessie Lawyers; Former Principal, Education Queensland
4.55 Closing Remarks & Event Close
Presenters / panelists include:
Kate Pennicott works in partnership with clients to manage a broad range of complex people and workplace issues. She has a deep understanding of the particular complexities and challenges encountered in the Education sector. Kate regularly guides Universities, Schools and Early Learning Centres through complex investigations, conduct and performance processes, enterprise bargaining, industrial disputes, regulatory and administrative matters.
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.
Trent Forno has significant experience in all areas of employment and safety law in both the public and private sectors. Trent practises in a variety of industry sectors, including education. Trent is recognised as a leading workers' compensation and self-insurance lawyer. In 2016, Trent was recommended in the Best Lawyers' category for Labour and Employment.
Before studying law Tracey Jessie was a teacher and principal within Education Queensland. Tracey now advises a range of educational institutions on employment matters. Tracey has extensive experience leading investigations and complaints on behalf of employer organisations. She is experienced in preparing employment contracts, policies and procedures for employers.