Date | 11 November 2021 |
Time | 8.45am-12.15pm AEDT |
Venue | Live Online & Recorded - recording available to view until 11 December 2021 |
Pricing | Price: $395 Price is inclusive of gst |
Sector | All Schools |
CPD | Psychologists: 4 hours Also relevant: Provides 4 hours addressing 6.2.2 & 7.2.2 of the Standards |
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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