LawSense Law for School Counsellors VIC Webinar – Note-Taking, Subpoena Objections, Confidentiality

Date11 November 2021
Time8.45am-12.15pm AEDT
VenueLive Online & Recorded - recording available to view until 11 December 2021
PricingPrice: $395
Price is inclusive of gst
SectorAll Schools
CPDPsychologists: 4 hours
Also relevant:
Provides 4 hours addressing 6.2.2 & 7.2.2 of the Standards
Other related LawSense Events
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8.45       Welcome from LawSense

8.50       Remarks from the Chairperson

Rhiannon McGee, Director of Student Engagement and Experience, Geelong Grammar School

9.00       Note-Taking and Record Keeping: Implementing Best Practice to Mitigate Legal Exposure and Optimise Records

  • Reviewing key laws and policies regarding note-taking and record keeping by counselling staff in schools
  • Exploring the obligations of psychologists versus counsellors in schools
  • Examining the findings and recommendations of the Royal Commission relevant to note-taking by school psychologists and counsellors
  • Examining different aspects and deficiencies in note-taking that can lead to legal risk or criticism by the Courts:
    • lack of detail or clarity
    • failure to cover key aspects
    • “loaded” words from which inferences could be drawn about the writer
    • writing what you think is happening versus what you observe
    • properly and clearly setting out the basis of any opinions expressed
    • accurately recording conversations, including “hearsay”
    • making changes to notes after they were originally written
  • Understanding how much detail to put into notes and what aspects to cover
  • Keeping records in different formats – exploring best practice with emails, texts, hand-written and electronic notes, and social media/web

Cecelia Irvine-So, Practice Leader, Moores Legal

10.00    Refreshment Break

10.10    Objecting to Subpoenas and Information Requests: Examining Options, Including Seeking Redaction of Documents

Subpoenas

  • Examining key considerations in deciding to object to production of subpoenaed documents or information requested by agencies, including the police
  • Dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
  • Understanding options to legally object to a subpoena:
    • objecting on the basis of privilege
    • when can you object to what appears to be a ‘fishing expedition’?
    • seeking for parts of documents to be blacked out / redacted
    • seeking that access only be limited to the lawyers of the parties
  • Exploring circumstances where you might object to a subpoena from the Independent Children’s Lawyer
  • What should be contained in your communication to the Court regarding your objection?
  • Obtaining payment for time spent and photocopying to deal with a subpoena

Other Information Requests

  • Understanding your obligations and rights to object where requests for information are made:
    • by government agencies
    • by other schools pursuant to legislation allowing sharing of information

Cecelia Irvine-So, Practice Leader, Moores Legal

11.10    Break

11.15    Privacy, Confidentiality, and Information Sharing Update: Understanding Current Obligations and Examining Case Studies

Outlining Key Current Obligations

  • Outlining changes in legislation, expectations and enforcement of privacy and confidentiality for school counsellors
  • Examining how current duties to your employer affect your privacy and confidentiality obligations towards the student

Sharing Information Within the School

  • Understanding the extent to which you can share information with teachers and school leaders without consent.
  • Sharing reports from external experts
  • Exploring “work-arounds” you can implement to address the school’s duty of care, but preserve privacy and confidentiality obligations

Sharing Information Outside the School

  • Sharing information under the Children Legislation Amendment (Information Sharing) Act 2018
  • Examining rights and obligations regarding the Child Information Sharing Scheme
  • Sharing information with external experts

Providing Information to Parents/Guardians Without Student Consent

  • Exploring circumstances where you would be able to provide information to a parent without student consent
  • Providing information or reports to separated parents – navigating family law or domestic violence issues or orders

Steven Troeth, Partner, Gadens

12.15    Close of Webinar

Cecelia Irvine-So is accredited as a specialist in Business Law by the Law Institute of Victoria. Cecelia works for a significant number of independent schools regarding joint ventures, corporate compliance, enrolment terms, and privacy compliance, including the new mandatory data breach reporting regime. Cecelia believes in best achieving change and compliance by drawing on the powerful values of each school.
Steven Troeth has extensive experience in the education sector, including acting for independent and Catholic schools. He advises on employment, student and parent issues, including staff and teacher disputes, discrimination, bullying, cyber and social media issues, enterprise agreements and contractual disputes.
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