LawSense Law for Mental Health Practitioners – Reporting Obligations NSW

Navigating Reporting Regarding Children, Historical Abuse, Reporting Other Practitioners, Reporting Regarding Risk of Harm & Potential Crimes.

Comprehensive Guidance Tailored to Practitioners in NSW.

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

12.10    Mandatory Reporting of Children at Risk of Harm and Reporting Historical Abuse 

• Exploring circumstances where psychologists can fall under the reporting requirements, including where they are not dealing directly with children
• Examining obligations where clients may be in a different state location
• Understanding obligations and when they arise, including regarding significant harm
• Examining “belief on reasonable grounds” and the level of evidence required to make a report
• Understanding options where you are concerned about a child’s wellbeing but do not believe they are in need of protection
• Examining obligations where potential historical abuse or crimes have been identified

Maddalena Del Vecchio, Partner, Moray & Agnew Lawyers

1.10      Break

1.25      Reporting of Other Practitioners: Clarifying your Obligations

• Outlining the legislative framework regarding reporting of health practitioners
• Examining professional obligations
• Interpreting definitions of notifiable conduct – intoxication, risk of harm to public – impairment or departure from accepted standards, sexual misconduct
• Understanding exceptions to the requirements
• Examining consequences of not complying with obligations
• Learning from case studies and scenarios

Nevena Brown, Consultant, Meridian Lawyers

2.25      Break

2.40    Managing Your Reporting Obligations Regarding Risk of Harm, Domestic Violence/Abuse and Awareness of Potential Crimes

• Outlining obligations and exceptions for psychologists
• Exploring obligations relating to historical offences
• Examining particular challenges relating to risk of domestic and other violence, suicide, or sexual harm:
  • reviewing your rights and obligations with respect to the client/patient
  • what steps does the law require in assessing the risk?
  • understanding the limits of your obligations with respect to notifying third parties
• Understanding domestic violence orders (DVOs/AVOs/IVOs) and how these should be considered
• Balancing risk of harm and confidentiality – when can you breach confidentiality?
• Reviewing recent cases and learnings:
  • Hannah Clarke Coronial Inquest 2022
  • Dower Coronial Inquest 2021

Kylie Agland, Partner, HWL Ebsworth Lawyers

3.40      Closing Remarks

3.45      Event Close

Presenters / panelists include:

	Maddalena Del Vecchio has been an insurance litigation lawyer for more than 15 years. She has a particular interest and expertise in medical negligence / malpractice and health law. Maddalena provides advice and acts in matters across all aspects of health law including defending civil claims, disciplinary complaints, hospital inquiries, coronial inquests, Medicare inquiries and employment disputes. Maddalena also has experience in advising on policy interpretation and providing indemnity advice to insurers.
	Nevena Brown has over 25 years’ experience as a health and insurance lawyer. Her experience with medical and allied health professional negligence claims began in 2000 when she advised Avant and Guild Insurance Ltd regarding civil claims against its members. Nevena now acts nationally for allied health and medical indemnity insurers, assisting a range of health practitioners.
	Kylie Agland, previously of TressCox Lawyers, has 21 years of experience exclusively as a health industry lawyer. Her primary expertise is medical defence litigation. Kylie specialises in Supreme Court litigation involving major claims. Kylie has published numerous articles for the Health Business journal and also for the Australian Health Law Bulletin. Kylie has been named in Best Lawyers™ Australia for Medical Negligence.

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