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12.00    Welcome from LawSense

12.05    Opening Remarks from the Chairperson

Nathan Mares, Director of IT, Policy, Risk and Compliance, Roseville College; Treasurer, MITIE Inc.

12.10    Implementing Effective ICT Contracts and Managing Suppliers and Contractors: Examining Key Matters to Consider in the Current Environment

• Reviewing the types of legal relationships schools are entering into with ICT suppliers or contractors

• Assessing contracts – which contracts are higher risk requiring greater due diligence?
  • contracts with long terms or that will need to be extended due to tech lock in or where significant capital expenditure is required to move away
  • services involving sharing of personal information
• Providing certainty regarding scope/deliverables
  • optimising clauses regarding scope changes
  • entire agreement clauses – ensuring key information or deliverables provided during negotiation are included.
• Auto renewing contracts and pricing for renewals
  • limiting cost increases in future contract renewals
  • reviewing terms and notice periods in auto renewing contracts
• Transferring ownership of IP such as designs, configuration, documentation
• Data sharing/confidentiality/privacy – ensuring the supplier takes reasonable steps with respect to

• • collection of health or biometric data
  • data ownership, storage, management, and access

• Identifying and managing personnel:
  • specification and management of key personnel
  • implementing requirements regarding use of subcontractors
• Optimising service level enforceability:
  • viability and enforcement challenges in having penalties for breach
  • examining alternatives to penalties, including service credits
  • optimum approaches to dispute resolution
• Managing ‘end of life’ issues
  • implementing requirements to assist post contract term, including with data extraction
• Optimising your position regarding termination

Alec Christie, Partner – Digital Law, Mills Oakley Lawyers

1.10       Break

1.25       Student and Parent Consent: Understanding Requirements for a Valid Consent and Implementing Online Consent

• Examining the key elements of informed consent
• Evaluating express versus implied and oral versus written consent
• How is age considered in assessing consent in different circumstances?
• Challenges with consent:
  • what level of information and detail is required to make it “informed” consent?
  • when is a “blanket” consent adequate?
  • when should you also get consent from parents? Should both the student and parent sign the ICT User agreement?
• Examining online consent:
  • understanding how the law views consent obtained online – what are the challenges in establishing and proving valid consent?
  • Exploring steps to implement, including:
    • ensuring information is reviewed
    • verifying the identity of the person giving consent
    • electronic signatures, tick boxes or logins – exploring how to optimise consent

Sonja Read, Partner, MinterEllison

2.25       Remarks from the Chairperson

Rob Flavell, Head of Critical Thinking, ELTHAM College; President of the Victorian ICT Network for Education (VINE)

2.30       Social Media Misuse: Understanding the Limits of the School’s Duty of Care and Supervision Requirements, Managing Devices and Dealing with Online Platforms to Remove Material

Duty of Care, Supervision and Managing Devices

• Cases update: learnings from recent cases about the scope of a school’s duty of care and social media
• Exploring the boundaries of a school’s duty of care where material:
  • is posted by students outside school on their private device
  • is posted on a BYOD device using a non-school network
  • is sent to a student by a student outside the school
  • is posted on social media relating to parties or events which are not school activities, but include students at the school
• Exploring the school’s duty where material is circulated involving images of self-harm
• Exploring best practice in managing devices to meet the school’s duty of care

Sexting and Online Offences

• Legislation update: examining current offences students can commit online and potential consequences
• What is the role or requirement of the school to:
  • investigate allegations made by students or parents
  • report suspicions or allegations of potential offences
  • provide information to the police and what information
• Storing evidence of porn or other offensive material – what are the legal restrictions?

Dealing with Platforms to Remove Material

• Reviewing the obligations of platforms to take down defamatory or offensive material
• Dealing with different platforms – Facebook, Rate My Teachers, Google and others

Jason Newman, Principal, Gilchrist Connell Lawyers

3.30       Break

3.35     Using Artificial Intelligence and Technology in Schools: Navigating Rights, Obligations and Grey Areas

• Reviewing the key types of technologies that are available for schools using AI: facial recognition, biometric data or surveillance technology
• Understanding how the law applies to schools when collecting and using images through the use of surveillance, facial recognition and AI applications
• Exploring the legal pitfalls and risks in implementing AI technologies in schools
• Managing key legal risks in relation to schools’ collection and use of photos and images, biometric data and surveillance data, focusing on consents, policies and data security

Veronica Scott, Director, KPMG Law

4.30       Closing Remarks from the Chairperson

Presenters / panelists include:

	Nathan Mares is the Director of IT, Policy, Risk and Compliance at Roseville College. He oversees risk management and compliance activities across the College in such areas as privacy, workplace safety, child protection and human resources. His responsibilities also extend to leadership of the technology team and archives function. Nathan has qualifications in law and information systems. He also serves as the Treasurer of MITIE Incorporated, a not for profit body established to advance the interests of those working in K-12 edtech roles through conferences, mentoring and an active online community.
	Alec Christie is the founding Partner of the Mills Oakley Lawyers Digital Law (including Data Privacy) team with over 29 years' experience. He has a national and cross-border Asia Pacific practice with an emphasis on data privacy/cybersecurity, multi-jurisdictional privacy compliance, information (including Big Data analytics), digital transformations (including RPA, AI, IoT, Cloud computing and sourcing) and Blockchain, smart contracts and cryptocurrency.
	President of the Victorian ICT Network for Education (VINE) and Head of Critical Thinking at ELTHAM College, Robert (Rob) Flavell is a passionate leader with more than 20 years’ experience combining education and systems thinking principles to achieve innovative outcomes.
	Jason Newman's practice includes the defence of claims in the education sector. He has advised many insurers, schools and teachers on claims and potential claims against them. His clients include Catholic Church Insurances, several major brokers and Lloyds Syndicates.
	Veronica Scott is an experienced media and privacy lawyer, with local and international experience advising on defamation claims, freedom of information requests, court reporting and contempt of court, privacy and data protection, internet liability, media regulation, breach of confidence, injunctions, pre-publication advice and reputation management.

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