Tailored for Practitioners working with Children, Youth and Families
Date 2 August 2024
Time 10.00am-1.45pm AEST (Syd/Mel/Bris time)
Venue / Recordings Live Online with Recording - recording available for viewing until 2 September 2024
Pricing $395
Price includes gst.
CPD Includes availability for Psychologists, FDRP's, Counsellors, Social Workers
Other related LawSense Events LawSense Law for Mental Health Practitioners 2024
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Program
10.00 LawSense Welcome
10.05 Chairperson’s Introduction
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
10.10 Family Law: Understanding the Changes to Family Law Legislation and Implications for Mental Health Practitioners
- Examining legislative changes including those regarding:
- the making and varying of parenting orders and what is considered
- removal of the presumption of equal shared parental responsibility
- enforcement of parenting orders
- introduction of ‘harmful proceedings orders’
- requirement for Independent Children’s Lawyer (ICL) to meet with a child and give the child an opportunity to express a view
Rebekah Dorter, Principal, Dorter Family Lawyers & Mediators
- Exploring the implication of changes for clients/patients, treating practitioners and report writers:
Panel:
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
Rebekah Dorter, Principal, Dorter Family Lawyers & Mediators
11.30 Break
11.45 Examining Options to Object to or Reduce the Scope of Subpoenas or Information Requests
Options for Objections, Redacting or Reducing the Scope of Subpoenas
- Examining key considerations in deciding to object to production of subpoenaed documents
- Understanding options to legally object to a subpoena, including:
- objections on the basis of privilege or where sexual assault is involved
- using provisions for Family Dispute Resolution practitioners under the Family Law Act
- objection to what appears to be a “fishing expedition”?
- “oppressive” subpoenas
- seeking for parts of documents to be blacked out / redacted
- seeking that access only be limited to the lawyers of the parties
- 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
- What should be contained in your communication to the Court regarding your objection?
- Managing confidentiality concerns in the process of producing documents
Notifying the Client/Patient
- Notifying the client / patient of the subpoena – what if there are multiple clients/patients such as different family members?
Producing Documents in Response 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
Dealing with Other Information Requests – Regulators (AHPRA, state regulators and Ombudsman, Medicare), Child Protection agencies
- Responding to requests from:
- AHPRA or other regulators
- Child Protection agencies
Shannon Mony, Partner, Meridian Lawyers
12.45 Break
1.00 Patient / Client Complaints: Effectively Dealing with Regulator Communications, Investigations or Action
- Identifying areas that often lead to complaints or disciplinary action
- Examining the approaches of regulators and how they analyse and triage complaints
- Responding effectively to regulator communications, investigations or action
- Learning from recent cases
- Understanding the limits of insurance
Scott Shelly, Principal, Barry Nilsson Lawyers
1.55 Closing Remarks
2.00 Event Close
BONUS PRE-RECORDED WEBINAR WITH DR IAN FRECKELTON AO KC AND DR GARY BANKS, FORENSIC PSYCHOLOGIST AND COURT APPOINTED CLINICIAN
Assessing and Responding to Risk of Harm: Understanding Your Obligations and Options and Navigating Domestic Violence Orders (DVOs/AVOs/IVOs)
- Examining the law 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
- Inconsistency between Family Court and Domestic/Apprehended Violence Orders – which orders take precedence?
- Balancing risk of harm and confidentiality – when can you breach confidentiality?
- Reviewing recent cases and learnings:
- Hannah Clarke Coronial Inquest 2022 [see page 136]
- Dower Coronial Inquest 2021 [see from para 176 and conclusion 238]
Dr Ian Freckelton AO KC, Barrister, Victorian Bar; Co-Director of Studies, Health and Medical Law, Melbourne Law School, The University of Melbourne
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
Presenters / panelists include: