Engaging & Managing External Providers, Staff Arrangements & Management, Student Disability & Chronic Conditions
Date | 31 October 2024 |
Time | 12.00pm-3.35pm AEDT (Syd time) |
Venue | Live Online with recording (recording access expires 1 December 2024) |
Pricing | $440 Prices includes gst. |
Sector | Non-State Schools |
CPD | Addresses 7.2 of the Australian Professional Standards for Teachers. |
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Program
12.00 LawSense Welcome
12.05 Chairperson’s Introduction
Audrey Bower, Chief Legal & Risk Officer, Catholic Schools NSW
12.10 Implementing Best Practice in Engaging and Managing External Providers
Keys Laws and Recent Cases/Coronials
- Outlining key areas of law applying in dealing with and managing external providers
- Exploring how your duty of care changes depending on the involvement of the external provider and circumstances
- Summarising key learnings from recent cases and coronials
Approaches to Risk Assessment
- Understanding the extent to which you can rely on risk assessments by the external provider
- To what extent is the school expected to be able to identify all applicable hazards?
Extent of Due Diligence on Provider
- Examining the extent of your obligations to perform due diligence on the external provider:
- Identifying information and documents you should you require? What documents should you sight?
- What other enquiries should you undertake?
- What inspections should you undertake, including equipment and site inspections
- To what extent should schools assess the individual staff of external providers?
Supervision/Monitoring
- Exploring to what extent you should monitor activities of external providers
Information Exchange with the External Provider
- Effectively managing information exchange with the external provider, including navigating privacy obligations
Permission Notes, Waivers and Disclaimers
- Examining key aspects to consider in assessing documentation required by external providers:
- risk warnings or consent forms – understanding how these should be considered and incorporated into what the school provides to students and families
- dealing with different indemnity clauses
- Exploring how school permission notes, waivers or disclaimers should cover potential liability arising from external providers
Jason Newman, Principal, Gilchrist Connell
1.10 Break
1.20 Exploring Optimum Staffing Arrangements and Management to Mitigate School Liability
- Implementing best practice approaches to assessing required staff ratios for different types of excursions, camps and trips and different student cohorts
- Understanding and managing particular considerations in having volunteers such as parents in the staff mix
- Exploring the extent of your obligations:
- to assess and manage particular hazards for staff, including psychosocial hazards
- evaluating staff fitness to participate in the relevant activities, including navigating privacy obligations in collecting medical information
- assessing staff skills mix is required and evaluating the relevant skills and experience of school staff and volunteers
- in implementing staff training and induction
- Exploring practical approaches to “de-clutter” risk documents to make it practical for the staff on the ground
Amy Walsh, Special Counsel, MinterEllison
2.20 Break
2.30 Student Disability or Chronic Conditions: Collecting Information, Assessing Participation and Managing Reasonable Adjustments
- Interpreting and applying obligations to make reasonable adjustments accommodating students with a disability or medical condition
- Understanding when you can disallow a student with a disability or condition from going on the excursion, camp or trip – balancing obligations to the student, other students and staff
- Determining reasonable adjustments:
- how should you approach determining the limits of reasonable adjustments required in each circumstance?
- understanding your options where a parent is not providing adequate or complete information
- managing experts: responding to experts, briefing, and dealing with school experts
- Managing administration of medication – including student self-administration and administration by non-clinical staff
- Learning from case studies and examples
Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
3.30 Chairperson’s Conclusion
3.35 Event Close
Presenters / panelists include: