Benefit from Key Case Updates and Insight, Practical Perspectives and Senior Lawyers & Practitioners
| Date | 24 July 2026 |
| Time | Session One: 24 July 2026, 12.00pm-4.45pm AEST (Syd/Mel/Bris time) |
| Venue | Live Online with recording (recording access expires 24 August 2026) |
| Pricing | $440 Price includes gst |
| CPD | Includes availability for psychologists |
Register
Program
12.00 LawSense Welcome
12.05 Chairperson’s Remarks
Dr Gary Banks, Principal Clinical Psychologist and Managing Director, Sydney Counselling Centre; Authorised Clinician, NSW Children’s Court; Approved Clinician (Family Reports and Single Expert Reports); Accredited Family Dispute Resolution Provider
12.10 Case Studies and Analysis: Includes Inappropriate Care, Inadequate Records, Deficiencies in Communication and Handover, Consideration of Trauma Risk, Informed Consent
This session examines several instructive cases in areas including prosecution or criticism of practitioners where assessment and care allegedly fell short, communication, informed consent, clinical notes and record keeping. The session will also explore implementing best practice in these areas, with input from a lawyer and senior practitioner:
Application of Cases to Different Practitioners
- Outlining how cases can apply to and guide different mental health practitioners, including counsellors and psychotherapists
Inappropriate Clinical Care, Misconduct from Patterns Over Time, Poor Communication, Discharge and Handover, Inadequate Records, Consideration of Trauma Related Risk
- Featured Case: Inquest Into the Deaths at Westfield Bondi Junction on 13 April 2024 – psychiatrist – deficiencies in clinical decision-making, note-taking/documentation, escalation, discharge, handover, communication failures, criticism of practitioner’s conduct/evidence in court
- Psychology Board of Australia v Hayden [2025] VCAT 22 – failure to provide appropriate clinical care, poor communication, failure to arrange continuity of care, extended patterns of professional deficiencies amounting to misconduct, poor record keeping, use of records in unprofessional ways
- Psychology Board of Australia v Carmichael [2025] QCAT 9 – inadequate assessment and treatment, failure to obtain informed consent, failure to consider trauma-related risk, absence of clinical records
Improper Therapeutic Treatment, Recording Rationale
- Psychology Board of Australia v Noordink [2025] QCAT 165 failures in clinical approach, failure in choice and application of therapeutic modalities, failure to sufficiently document rationale for therapeutic treatment decisions
Informed Consent
- Psychology Board of Australia v Asher [2025] VCAT 517 – whether proper informed consent had been obtained and documented, particularly for adjunct therapies
Edward Smith, Partner, Wotton Kearney
1.20 Break
1.30 Note Taking: Exploring Defensible Note-Taking and Navigating AI and the New Code of Conduct
Exploring Changes in the New Code of Conduct
- Examining the new Psychology Board Code of Conduct and how it applies to note-taking. How is it different in practice to the previous Code?
AI in Clinical Note-Taking
- Exploring how common AI applications use and store data
- Understanding the existing law and guidelines affecting the use of AI, including the New Psychology Board Code of Conduct
- Examining your obligations in using AI applications and steps you should take in evaluating and using the AI applications
Principles to Apply In Note-Taking
- Outlining key principles to apply in note-taking and record keeping by mental health practitioners, including:
- level of detail or clarity
- ensuring you cover key aspects
- “loaded” words from which inferences could be drawn about the writer
- recording conversations and dealing with hearsay
- communications with external professionals
- recording your hypotheses, investigations, conclusions and setting out the basis of opinions
- making changes to notes after they were originally written
- naming or referring to other individuals in case notes
- Examining how notes should be kept and stored – exploring best practice with emails, texts, hand-written and electronic notes, and social media/web
Learnings from Examples / Case Studies and AHPRA Perspectives – Good v Bad Notes
- Exploring best practice note-taking and good versus not so good notes in particular areas:
- sexualised behaviours/assault
- anxiety, self-harm
- case management of complex matters
Dr Tim Lowry, Clinical & Forensic Psychologist, Silverton Psychology Group; Statewide Program Coordinator: Forensic Liaison and Community Forensic Networks, Queensland Forensic Mental Health Service, QLD Health
2.30 Break
2.40 Disclosure of Information and Consent: Examining the Limits of Disclosure, Applying the New Code of Conduct and Implementing Best Practice
Key Privacy and Confidentiality Laws and Potential Reforms
- Outlining key laws applying to privacy, confidentiality and information sharing in mental health practice
- Examining potential privacy reforms and impacts on practices
New Code of Conduct
- Exploring the new Code of Conduct and effect in practice of managing privacy, confidentiality and consent
Access Within a Practice
- Examining the elements to consider, including operational issues, in deciding what information different staff or contractors within a practice should be able to access
- Exploring some of the pitfalls with privacy and confidentiality when using electronic systems within a practice
Independent Contractors and Rights to Information
- Dealing with notes, files and records of the independent contractor:
- who ‘owns’ the files?
- who can access the files and in what circumstances? Can a former contractor or employee access the files?
- dealing with a subpoena for files in possession of a former contractor
Requests for Information from the Client / Patient
- Examining the limits of information or records you must provide the client/patient – when is it reasonable to decline a request? Should “internal” documents be provided?
Reports to GP, and Requests from Other Professionals or Insurance Organisations
- Navigating confidentiality in reporting to GPs
- Responding to requests for files or information from other professionals or insurance organisations
Obtaining Adequate Consent Before Releasing Information
- Informing the client or seeking consent before releasing documents:
- ensuring you obtain a valid consent – what consent should be obtained and how should it be documented – is a “blanket” consent previously provided enough?
- what are your options where capacity to consent is doubtful or you suspect coercion?
Kylie Agland, Partner, HWL Ebsworth Lawyers
3.40 Break
3.50 Understanding and Managing Your Options to Object to Subpoenas and Requests from Regulators or Other Agencies
Options in Responding to a Subpoena
- How can documents be produced – can you produce copies and can they be produced electronically?
- Responding to subpoenas addressed to the practice where the relevant practitioner no longer works there
- Extending the time for compliance with a subpoena
- Subpoenas to give evidence – can you appear by video link?
- Obtaining payment for time spent and photocopying to deal with a subpoena
Reducing the Scope, Redacting or Objecting to Subpoenas
- Examining key considerations in deciding to object to production of subpoenaed documents
- What do you do when the whole file patient file is requested, rather than particular reports or documents – dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
- Understanding options to legally object to a subpoena
- What should be contained in your communication to the Court regarding your objection?
- Managing confidentiality concerns in producing documents
Dealing with Other Information Requests – Regulators (AHPRA, OHO, HCCC, Medicare), Child Protection agencies
- Responding to requests from:
- AHPRA or other regulators
- Child Protection agencies
Nevena Brown, Consultant, Meridian Lawyers
4.40 Closing Remarks
4.45 Event Close
Presenters / panelists include:
Dr Gary Banks is a Clinical and Forensic Psychologist, in practice for more than 25 years. In addition to a number of other clinical positions, he has been appointed to the NSW Children’s’ Court Clinic since its inception and as a Family Consultant to the Family Law Court. He has been a provider to the NSW Legal Aid Commission and the NSW Office of the Director of Public Prosecutions for more than 20 years.
Edward Smith practises solely in health law and represents medical and allied health practitioners in the full range of issues affecting the sector. Edward’s expertise includes litigated medical negligence proceedings, coronial inquests, regulatory and disciplinary matters, employment disputes and criminal proceedings. Edward has acted extensively for mental health clinicians and organisations, including defending psychologists in Tribunal proceedings by the Psychology Board of Australia, and acting for psychiatrists, psychologists, the Victorian Institute of Forensic Mental Health and North Western Mental Health in coronial and medical negligence proceedings.
Dr Tim Lowry is a Clinical and Forensic Psychologist with master’s and doctoral degrees in clinical psychology from the University of Queensland, and has completed additional postgraduate training in forensic mental health, public health, and health services management. Tim possesses substantial experience in forensic mental health, psychological risk assessment, and intervention, having worked across both public and private practice settings over the past 24 years. For over 14 years he has been employed in the QLD Forensic Mental Health Service, QLD Health, with concurrent part time clinical and forensic psychology private practice seeing adults, couples, and adolescents, as well as offenders
Kylie Agland has over 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.
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.