Originated by LawSense – Now in its 8th Year

Speakers include 

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8.45       Welcome from LawSense

8.50       Opening Remarks from the Chairperson

John Hensley, Senior Psychologist, Barker College

For 15 minutes at the end of each session, the chairpersons will explore case studies and scenarios with the presenters and other panelists

9.00       Note Taking, Record Keeping and Objecting to Subpoenas: Navigating Best Practice, Rights and Obligations

Note-Taking and Record Keeping: Exploring Defensible Best Practice

• Reviewing your note taking and record keeping obligations, including the impact of recommendations on note-taking and record keeping from the Royal Commission in Institutional Responses to Child Sexual Abuse
• Exploring the obligations of psychologists versus counsellors in schools

Exploring Best Practice Note-Taking

• 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

Record Keeping in Different Formats

• Keeping records in different formats – exploring best practice with emails, texts, hand-written and electronic notes, and social media/web

Objecting to Subpoenas and Other 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

Katie Clark, Partner, MinterEllison

Panel Discussion

10.10    Break   

10.15    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

Tracey Jessie, Principal, Jessie Lawyers; Former Principal, DET QLD

Panel Discussion

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

Cecelia Irvine-So, Practice Leader, Moores Legal

Panel Discussion with the Chair and Dr Matt O’Connor, School Psychologist, St Peters Lutheran College; Registered Clinical Psychologist

12.15    Lunch

1.00       Opening Remarks from the Chairperson

1.05       Family Conflict: Navigating Parent Separation, Domestic Violence Orders and Family Court Orders

Parent Separation – Rights to Information

• Understanding parent rights to information where there are no Court orders:
  • should information provided to one separated parent about counselling be provided to the other? What if the student or other parent objects?
  • when can you contact a parent contrary to the wishes of the student or other parent?

Agreements and Court Orders

• Understanding agreements that can be made between parents and the limits of the obligations they can impose
• Examining orders including interim orders that are often made

Domestic Violence Orders

• Examining common orders made in AVO’s/DVO’s in the context of parent relationship breakdown
• Do they override other orders, such as interim Family Court orders?
• What steps should you take to ensure that the AVO/DVO is current?

Writing Referrals or Reports

• Dealing with requests for referrals to external practitioners from one parent – navigating pitfalls and exploring information you should obtain
• Understanding how a school counsellor’s report can be used by the Court and when it can lead to being called as a witness

Fiona Manderson, Director of Compliance, Risk, and HR, In-house Legal Counsel, Hillcrest Christian College

2.05       Addressing Allegations of Sexual Assault and Sexting: Assessing Allegations, Balancing Your Duties, Deciding to Report and Dealing with Police

• Outlining the laws regarding sexting and sexual assault affecting students
• Reviewing the legal frameworks and courts dealing with young offenders
• Understanding the counsellor’s obligations in balancing risk, reporting and the school’s duty of care: when does maintaining the therapeutic relationship with the student balance out other factors?
• Sexting and alleged sexual assault – dealing with circumstances where:
  • the alleged victim does not want the matter disclosed
  • the only evidence you have is hearsay from another student or allegations are unsupported by other evidence
• Police interviewing students or counsellors:
  • what are a school’s rights and obligations to participate?
  • what are the rights of:
    • the alleged student perpetrator
    • potential student witnesses that police wish to interview
  • supporting a student or participating in police interviews – key matters to consider

Steven Troeth, Partner, Gadens Lawyers

Panel Discussion

3.10       Break

3.15       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

Limits on Sharing Information

• Understanding rights and obligations in sharing information within the school or externally
• Dealing with circumstances where parents or students do not consent to information being shared, but you consider the sharing would be in their best interests to manage the disability

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

Margaret Baker, Principal Legal Officer, NSW Department of Education

Jacquie Seemann, Partner, Thomson Geer Lawyers

4.15       Gender Diverse and Transgender Students: Understanding Current Legal Obligations, Dealing with Parents and Experts and Understanding Legal Exceptions

• Understanding legal definitions applying to gender diverse and transgender students
• Examining a school’s obligation to accommodate or assist the student in making gender choices:
  • reviewing your duty of care and discrimination obligations considering recent cases
  • understanding how the age of the chid affects your duty of care and legal obligations in this area
  • dealing with parents and families:
    • when should you get family members or guardians involved and to what extent?
    • navigating circumstances where student and parent wishes and views, are inconsistent
    • responding where a parent is looking for school guidance to decide the issue
  • expert opinions:
    • when should the school seek an opinion from a psychiatrist or psychologist?
    • what if the parents have an expert opinion – should you accept this?
    • when should you recommend an independent expert opinion?
  • exploring a school’s obligations regarding gender re-assignment
• Reviewing exceptions in relevant discrimination legislation and how they impact schools in different sectors
• Exploring options, policies and strategies to support students and their families: name and pronoun; gender references; uniforms; bathrooms; camps; sport; responses to bullying; informing the community; curriculum; teacher education

Annie Smeaton, Partner, Cooper Grace Ward Lawyer

5.15       Closing Remarks from the Chairperson

Presenters / panelists include:

	Katie Clark is an insurance and risk specialist and has a long history of representing independent schools, churches, not-for-profit organisations, and insurers. She particularly enjoys the work that she does with schools and has been privileged to support some school principals through particularly difficult situations around abuse claims, bullying allegations, self-harm and suicide concerns, as well as mandatory reporting issues.
	Tracey Jessie is the principal of Jessie Lawyers - a boutique law firm in Queensland. Tracey has over 20 years’ experience including 6 years as a partner in State and National firms. Before studying law, Tracey was a teacher and principal within Education Queensland. Tracey now advises a range of educational institutions, not-for-profit organisations and small to medium business enterprises.
	Margaret Baker has worked for the NSW DoE for over 15 years. Over that time Margaret has provided legal support and advice to people working in schools, TAFE NSW, State Office and other Department areas. This advice ranges from prevention of legal liability and legal risk reduction, to privacy, contracts and compliance. She has also represented the Department in courts and tribunals.
	Jacquie Seeman acts for education sector clients across the education lifecycle, including preschools, schools and universities. She advises these clients on employment-related issues and also on the broadest range of education law issues, including child protection and health and disability issues.
	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.
	Annie Smeaton specialises in employment, anti-discrimination and industrial law. She has extensive experience dealing with proceedings in the Federal Court, Federal Circuit Court, Queensland Industrial Relations Commission, Fair Work Commission, Australian Human Rights Commission, Anti-Discrimination Commission and the Queensland Civil and Administrative Tribunal.

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