LawSense Law for School Counsellors VIC Webinar – Consent, Self-Harm, Behaviour Disability

Date18 November 2021
Time8.45am-12.15pm AEDT
VenueLive Online & Recorded - recording available to view until 18 December 2021
PricingPrice: $395
Price is inclusive of gst
SectorAll Schools
CPDPsychologists: 4 hours
Also relevant:
Provides 4 hours PD 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

Justine Tonner-Joyce, Psychologist, Head of Student Psychological Services, Geelong Grammar School

9.00       Understanding, Navigating and Documenting Informed Consent from Students and Parents, Including Where There is Family Separation

  • Examining the key elements of informed consent: what level of information is required to make it “informed”?
  • How is age considered in assessing consent in different circumstances?
  • How does age affect considerations of consent where the student is between 12 and 14?
  • Understanding when verbal versus written consent is adequate
  • When is a “blanket” or generic consent adequate?
  • Evaluating oral versus written and ‘implied’ consent
  • Addressing challenges with consent:
    • what are your obligations to the student where the parent does not consent to counselling, but you believe the student needs it?
    • what if the parents’ consent to counselling, but the student does not?
    • what are your options where only one parent consents, but the other objects to counselling and the child is under 12?
    • can a parent get access to records where a child does not consent?
    • independent students – to what extent can you rely on their consent?
    • exploring circumstances where it can be claimed consent was obtained because of undue pressure or duress
    • obtaining specific consent regarding mental health and other assessments of the student
  • Parent separation and consent:
    • how is consent affected by family law proceedings?
    • do both parents need to consent where the parents are separated?
    • understanding how agreements between parents or Court orders affect consent requirements
  • Best practice in documenting consent and examples of best practice consent forms

Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

10.00    Break

10.10    Students with a Behavioural Disability: Dealing with Difficult Student Behaviours, Working with Parents, Other Families, Advocates and Staff

Understanding the Current Legal Framework

  • Exploring how the current legal framework affects approaches to responding to students exhibiting challenging behaviours
  • Balancing the rights of all students
  • Examining school obligations in assessing and managing staff impacts

Diagnosis, Reports and Non-Cooperative Parents

  • Dealing with circumstances where parents will not seek or do not accept a diagnosis
  • Dealing with circumstances where parents do not provide follow-up information
  • Managing circumstances where medical information from specialists is not shared with schools

Assessing and Managing Reasonable Adjustments

  • Understanding when an adjustment is reasonable or unreasonable and how this is determined
  • Reviewing and updating required adjustments
  • Managing the involvement of external support specialists, including disability advocates
  • Dealing with disengaged parents – what is the extent of your obligations?

Exploring Rights and Obligations in Suspending or Expelling Students with a Disability

  • Outlining legal rights and obligations in suspending or expelling a student with a disability
  • Case studies and grey areas understanding when students with a disability can be suspended or expelled

Steven Troeth, Partner, Gadens

11.10    Break

11.15    Student Self-Harm, Suicide Attempts and Adverse Psychological Events: Understanding the Extent of Your Duties, Including After Return to School

Self-Harm, Suicide Attempts and Other Adverse Psychological Events

  • Identifying key steps to discharge legal obligations to students who self-harm or are expressing suicidal ideation
  • Understanding and managing the duty of care and other legal duties to other students
  • Reviewing options for preventing or dealing with social media impacts after self-harm or suicide attempts
  • Understanding and managing information sharing within the school and with outside agencies
  • Working with parents and mental health professionals
  • Managing circumstances where a student self-harms or makes a suicide attempt after visiting the school counsellor

Legal Obligations on Return to School

  • Understanding the extent of your duties in managing students returning after self-harm, a suicide attempt or other adverse event:
    • exploring the extent to which you should make adjustments
    • understanding the extent of your obligations to monitor the student, including where you learn of concerning out-of-school activities
    • balancing your obligations to the student with obligations to other students
    • navigating ongoing disclosure of information to staff, students and parents
  • Conducting a risk assessment and assessing adjustments. What if there are no plans from the discharging hospital and private practitioner?
  • Implementing and monitoring a return to school plan

David Maddocks, Partner, Perry Maddocks, Trollope Lawyers; Former, Neuropsychologist

12.15    Close of Webinar

Dr Emma Steer works as the Senior Psychologist at Lauriston Girls’ School and in private practice at Olympic Park Sports Medicine Centre. She has worked with children, adolescents and young people for over seventeen years in clinical and educational settings. Emma also works with athletes and performing artists. Emma is endorsed as both a Clinical and Educational and Developmental Psychologist and a professional psychology supervisor.
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.
Rebecca Dahl practices exclusively in Family Law and has a particular interest in complex children’s matters, particularly those involving interstate or international relocation, and also has an interest in assisting extended family members, such as grandparents seeking time with their grandchildren. She also has extensive experience in marital and de facto property disputes, and preparing Binding Financial Agreements both during relationships, and post separation as well as assisting clients involved in Intervention Order proceedings in the Magistrates Court.
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.
Ben Tallboys provides sector-specific, practical legal solutions to schools across Australia. Ben is a passionate and effective advocate for principals dealing with complex matters relating to parents, staff and students, as well as their own employment.

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