Navigating the New Code of Conduct, Contractors, Privacy, Data Management, AI, Performance Management & Dismissals
| Date | 7 August 2026 |
| Time | 12.00pm-4.30pm AEST (Syd/Melb/Bris time) |
| Venue | Live Online with recording (recording access expires 7 September 2026) |
| Pricing | $440 Price includes gst. |
| Other related LawSense Events | LawSense Events for Mental Health Practitioners |
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Program
12.00 LawSense Welcome
12.05 Chairperson’s Introduction
Dr Maxine Hawkins, Clinical Psychologist & Clinical Director, Clear Health Psychology and Psychiatry; Director, Clear Health Legal Medicine (WA)
12.10 New Code of Conduct: Examining What Has Changed, Exploring Obligations Versus Guidance and Navigating Grey Areas
- Examining key aspects of the new Code of Conduct and what has changed
- Exploring legal obligations versus guidance arising from the new Code
- Examining particular areas of the Code:
- understanding consent obligations and best practice
- supervision and code obligations/guidance
- understanding and managing requirements regarding cultural safety and responsiveness
- Updating policies to implement the Code of Conduct
Gavin Creighton, Partner, Colin Biggers & Paisley
1.10 Break
1.20 Performance Management and Dismissals: Examining the Implications of Recent Cases and Implementing Best Practice
- Outlining current laws and key processes applying to performance management in mental health practices
- Understanding the intersection between performance management, misconduct, psychosocial hazards obligations and workers compensation claims
- Outlining other potential claims by staff in response to performance management – discrimination, bullying, adverse action
- Reviewing learning from recent cases
- Implementing strategies to help:
- effectively determine, define and communicate the unsatisfactory performance to ensure the performance is actionable and must be addressed by the staff member
- optimise observation and assessment processes to determine and prove unsatisfactory performance
- manage processes to avoid claims, including regarding breach of psychosocial hazards laws
- optimise your position regarding claims by the staff member, including obtaining and assessing the evidence you need to succeed
- avoid the staff member de-railing performance management processes
Alison Baker, Partner, Hall & Wilcox Lawyers
2.10 Break
2.20 Effectively Managing Contractors: Navigating Recent Law Changes, “Ownership” and Access to Files, Supervision, Contractors Taking Clients, Payroll Tax, Superannuation and Optimising Contracts
Key Legal Issues and Recent Law Changes
- Understanding key aspects of the principal/contractor relationship in mental health practice:
- liability for contractor work
- confidentiality and files
- tax, including payroll tax and superannuation
- payment structures
- restrictions on dealing with clients, referrers or competitors after the contract ends
Recent Changes Affecting Contractors
- Outlining recent changes affecting contractors in mental health practices:
- statutory definition of an employee – contract terms versus multifactorial assessment
- opting out of the new statutory definition
- Examining the separate test for eligibility to superannuation and other entitlements
- Examining further potential law changes applying to contractors
Duty of Care and Supervision
- Navigating pitfalls in different arrangements with contractors:
- understanding how having professional staff or contractors affects your duty of care and professional obligations
- exploring the degree of supervision required to address your legal obligations and liability
- contractors having their own website, allowing the contractor to set fees
- notifying clients that they are dealing with contractors
“Ownership” of and Access to Files
- 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
- Exploring approaches to mitigate legal exposure to privacy and confidentiality issues with contractors
Cyber Issues and Data Breaches
- Implementing contracts and managing contractors to mitigate risk and liability for cyber or data security issues caused by the contractor
“Ownership” of Clients and Restraint of Trade
- Understanding rights and obligations of contractors or other professional staff taking clients – can you prevent them leaving with clients? How should you optimise contracts to protect your position?
Payroll Tax Update and Superannuation
- Understanding current tax and superannuation issues to consider, including with contractors and recent developments in payroll tax affecting mental health practices
- Implementing structures to avoid payroll tax liability [STILL RELEVANT?]
Implementing Key Contract Clauses
- Updating contracts to meet obligations and optimise arrangements with contractors – examining key clauses to include
Jonathan Teh, Principal, Russell Kennedy
3.20 Break
3.30 Navigating Privacy, Data Management and AI Update
Key Privacy and Confidentiality Laws and Potential Reforms
- Outlining key laws applying to privacy, confidentiality and information sharing in mental health practice
Document Storage, Retention and Destruction Requirements
- Outlining key laws applying to document retention and destruction in mental health practices
- Understanding how long different types of records are required to be kept
- Managing records in different formats – email, text, social media, paper
- Understanding your obligations to destroy or de-identify particular data
- Exploring optimum record storage options
- Implementing best practice in arrangements with external technology and data management suppliers to ensure compliance by the practice and to optimise the practices legal position
Data Breaches
- Outlining key laws applying to data breaches, including potential penalties and civil compensation action practices could be exposed to
- Examining mandatory reporting of requirements for data breaches – when and how you must report and remediation
- Learnings from recent incident case studies
Learning From Recent Cases – Protection of Records and Record Retention Policy
- AXF and AXG (Privacy) [2025] AICmr 121 –psychiatrist failure to protect records, lack of record retention policy, failure to review/notify client
Australian Information Commissioner v Australian Clinical Labs Limited (No 2) [2025] FCA 1224
- learnings and insight for mental health practitioners regarding steps required to protect client/patient data
- examining what are “reasonable steps” to take and factors to be considered
- further guidance regarding mandatory data breach reporting, including regarding adequacy of your investigation
- reliance on third party service providers
- how civil penalty provisions will be applied
AI Update: Using AI to Generate Session Notes, Treatment Plans & Other Applications
- Understanding options to use AI for generating notes and treatment plans in mental health practice and how AI applications can use and store data
- Examining the current legal requirements and guidelines applying to AI and evolving changes, including the new Code of Conduct
- Examining key elements to consider in assessing AI applications for legal risk and compliance, including:
- privacy assessments, including vendor/supplier policies
- data location, training use of your prompts/uploads, retention, and deletion rights
- certifications
- data minimization
- incident response
Informed Consent
- Outlining requirements for informed consent, including understanding consent from minors and “mature minors”
- Ensuring the consent is “informed” – learnings from cases
- Examining best practice in documenting consent
Alec Christie, Partner, Atmos
4.25 Closing Remarks
4.30 Close of Event
Presenters / panelists include:
Gavin Creighton has particular experience in claims for allied health and medical professionals and their employers. He has acted for psychologists and other allied health professionals. These matters range from responding to HCCC and AHPRA complaints (and appeals) through to large complex civil claims for personal injury, as well as coronial inquests and Medicare audits.
Jonathan Teh is an experienced corporate and commercial lawyer who predominantly acts for health and large not-for-profit organisations. In particular, he assists Primary Health Networks to commission health services (eg headspace), community health services, public hospitals, medical colleges/societies and disability organisations with the NDIS rollout. Jonathan has degrees in Law and Engineering, and a Graduate Certificate in Entrepreneurship and Innovation.
Alison Baker has more than 20 years’ experience in a wide-ranging employment practice, advising private sector and public sector clients on all aspects of employment, industrial relations and human resources law, and work health and safety law. She also advises private and public sector organisations on the application of privacy legislation.
Alec Christie is a recognised leader in digital, privacy, critical infrastructure and information law. Alec's deep understanding of privacy law allows him to create comprehensive risk solutions, especially in relation to tech innovations, digital transformation, financial services IT regulation and multi-jurisdiction projects. His practical and agile solutions focused approach, especially in a time of rapid tech and regulatory change, together with his extensive experience makes him a highly sought after trusted resource.