Includes Insight from a Court Appointed Clinician
| Date | 4 November 2021 |
| Time | 8.45am-1.30pm AEDT |
| Venue | Live Online & Recorded - recording available to view until 4 December 2021 |
| Pricing | Price: $395 Price is inclusive of gst |
| Sector | All Schools |
| CPD | Psychologists: 4 hours Also relevant: Provides 4 hours elective PD addressing 6.2.2 & 7.2.2 |
| Other related LawSense Events | LawSense Transgender & Gender Fluidity NSW |
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8.45 Welcome from LawSense
8.50 Remarks from the Chairperson
John Hensley, Senior Counsellor/Psychologist, Barker College
9.00 Note-Taking and Record Keeping: Examining Requirements from the Royal Commission and Legislative Changes Affecting School Counsellors
- 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 finding 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
Leighton Hawkes, Principal, McCabe Curwoods Lawyers
10.00 Refreshment Break
10.05 Court Appointed Clinician’s Perspective: Reviewing Case Studies and Understanding How the Court or AHPRA Could Criticise Your Notes
- Exploring a Court or regulator’s expectations of school counsellors and counselling notes
- Learning from case studies – when and why have practitioners come unstuck?
Dr Gary Banks, Principal Clinical Psychologist, Sydney Counselling Centre
11.05 Remarks from the Chairperson
Becky Fulcher, Principal Psychologist, Child Wellbeing and Mental Health Services, NSW Department of Education
11.15 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
Margaret Baker, Principal Legal Officer (Policy, Compliance and Administrative Law), Legal Services, NSW Department of Education
12.15 Break
12.25 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
Nevena Brown, Principal, Meridian Lawyers
1.30 Close of Webinar
Presenters / panelists include:
 | Dr Gary Banks is a Clinical and Forensic Psychologist. Gary has been appointed to the NSW Children’s’ Court Clinic since its inception and as a Single Expert and Family Consultant to the Federal Circuit Court and Family Law Court across Australia. In addition to a number of other clinical positions, Gary has been a provider to the Commonwealth and NSW Offices of the Director of Public Prosecutions and Legal Aid Commission for more than 20 years. He is also an expert reviewer for the NSW Psychology Council and the NSW Health Care Complaints Commission. |
 | Nevena Brown brings a common-sense confidence to her work, and more than 25 years’ experience. Her experience with liability claims is enhanced from having worked as a senior solicitor at NZI/CGU Insurance Ltd for five years. Nevena has advised and defended claims for GIO General Ltd, Vero Insurance, NZI/CGU Insurance Ltd, QBE Europe and other major insurers. |
 | Leighton Hawkes commenced his career in claims management and other technical roles with a major Australian insurance, working on claims for the NSW Treasury Managed Fund (TMF). This past experience has allowed him to better understand his government client’s needs and has assisted the firm to develop true partnerships with the various agencies for whom he acts. Leighton has acted for the NSW Department of Education for a large number of years. Presently he acts in a diverse range of matters, including claims arising from public liability, property damage to NSW schools, historical sexual abuse, discrimination (employee and disability), and Coronial enquiries. |
 | Sonya Parsons focusses on resolving disputes for charities, not for profits and in the education sector, as well as more broadly for commercial entities. In particular, she represents both religious entities and charities in historic institutional abuse claims across NSW, Victoria, Western Australia, and Queensland. She has advised on the entry into the National Redress Scheme, on compliance with charitable fundraising laws, licensing, and regulation, on compliance with information requests and in contractual disputes for those organisations. |
 | Alistair Macpherson focuses on legal issues affecting schools, non-profit entities and other corporate clients. Alistair has personally appeared in numerous Tribunals and Courts as advocate for schools and other clients. Alistair is also a Board Member of Queensland Baptists, which engages in, amongst other things, in schools and other charitable activities. |