LawSense Law for School Counsellors NSW Webinar – Note-Taking, Subponea Objections, Consent

Includes Insight from a Court Appointed Clinician

Date4 November 2021
Time8.45am-1.30pm AEDT
VenueLive Online & Recorded - recording available to view until 4 December 2021
PricingPrice: $395
Price is inclusive of gst
SectorAll Schools
CPDPsychologists: 4 hours
Also relevant:
Provides 4 hours elective PD addressing 6.2.2 & 7.2.2
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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:

Alex Kohn has extensive experience in advising educational institutions, including on contract law; discrimination; procedural fairness; admin law; WHS; bullying claims; coronial inquests; negligence claims and professional standards issues. Alex has a deep understanding of legal issues affecting the education sector and has advised hundreds of schools over 30 years.
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.
Cara Seymour brings more than 25 years of professional experience in workplace relations law having held roles in the Australian Human Rights Commission, Fair Work Ombudsman and in commercial practice. More recently Cara has been engaged as General Counsel for a large education organisation; in this role Cara was responsible for the management of litigation, legal compliance and the delivery of advice on a broad range of complex matters.
Bernadette Fay started her career in emergency and trauma nursing in Sydney before moving into leading Public Health roles including serving as the Queensland Women’s Health Officer. Bernadette was admitted as a solicitor in 2006. Bernadette became the lead investigator and managed enterprise risk for NSW Health in clinical and corporate governance roles before joining the NSW Health Care Complaints Commission, including leading the dispute resolution division. Bernadette has moved into the education sector, joining Barker College as the Director of Risk & Compliance.
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.
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