Date12 November 2026
Time12.00pm-4.00pm AEDT (Syd/Mel time)
VenueLive Online with recording (recording access expires 12 December 2026)
Pricing$440
Prices includes gst.
SectorNon-State Schools
CPDAddresses 7.2 of the Australian Professional Standards for Teachers.

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Remarks

Natalie Potent, Deputy Head of Student Experience, Barker College

12.10    Navigating Student Disability, Mental Health, Chronic Illness, Allergies and Medication Management for Camps and Trips

Outlining Key Applicable Laws

  • Outlining key applicable laws in student disability, including mental health issues, chronic illness and medication management on camps and trips

Assessing What Students Can Participate and When You Can Decline a Student with a Disability/Mental Health Issues/Chronic Illness

  • Exploring what criteria should be applied in assessing the participation of a student
  • Examining what information you should obtain about the student, including ensuring proper collection and management of relevant health information
  • Examining when you can decline participation based on inability to make reasonable adjustments for unjustifiable hardship. What is ’unjustifiable’?
  • Balancing the impact of the student on:
  • other students – to what extent does this factor into ‘unjustifiable hardship’ or ‘reasonable’ adjustments?
  • impacts on staff – understanding what to consider
    • factoring in limitations on resources as a result of already supporting a number of students with a disability
  • exploring the limits of reasonable adjustments required regarding medication on school camps
  • Examining best practice documentation and communication to support your decision to decline participation

Parents Not Disclosing or Providing Adequate Information

  • Exploring your rights and options to decline participation where you consider the parents/guardian are not cooperating or providing adequate or correct information

Medication Management

  • Understanding key risks in taking and administering medication on camps and trips, including overseas trips

Students Self-Administering

  • Exploring obligations where students self-administer medication:
    • when should you allow this
    • to what extent should you monitor students to ensure they have the relevant medication and are taking the medication

Administration of Medicines by Staff

  • Examining the rights, obligations and risks in allowing medication administration by non-clinical staff
  • Exploring the level of qualifications or training non-clinical staff should have

Planning for and Monitoring Side Effects, Adverse Effects or Medication Errors

  • Examining obligations to monitor side effect or adverse effects of medication
  • Obtaining information and planning for side-effects, adverse reactions or errors

Storage of Medicines

  • Examining key legal requirements in medication storage and implementing best practice

David Scanlan, Employment Law Lead – WA, Mapien Law; Former, Director of People and Culture, St Hilda’s Anglican School for Girls, WA

1.20      Break

1.30      Implementing Effective Risk Warnings and Consent Forms

Outlining Key Laws Regarding Consent

  • Outlining key laws applying to consent. When is a consent valid?
  • Examining when you can and should obtain consent from the student

Limits of Legal Protection of Risk Warnings

  • Outlining the legal effect and protection offered by risk warnings

Risk Warnings from External Providers

  • Understanding the legal effect of risk warnings from external providers
  • Can you just rely on the risk warnings provided by the external provider or should you also assess and develop or confirm a risk warning?

Collecting and Including Adequate Information

  • Collecting information to assist in the development of appropriate risk warnings
  • Exploring what information about the activity and risks should be provided

Best Practice Wording, Examples

  • Exploring best practice wording of risk warnings and consent forms
  • Learning from examples showing the extent of information required about the activity and risk

Leighton Hawkes, Principal, McCabes Lawyers

2.30      Break

2.40      Case Studies – Overseas Trips and Tours: Implementing Best Practice and Managing External Providers, Staffing and Incidents

Outlining the Law and Exploring Risk Assessment Requirements in the Current Environment

  • Outlining key laws and duties applying to overseas trips and tours
  • Exploring the scope and extent of risk assessment required to meet changing international risk environments and expectations
  • Planning for the unpredictable: identifying geopolitical risks (civil unrest, terrorism, border closures, health crises) and embedding them into pre-departure risk assessments and approval processes

Understanding Limits in Relying on External Providers and Sharing Information

  • Examining best practice in engaging and managing external providers, including:
    • assessing the external provider, terms of engagement and sharing information
    • understanding the extent of your obligations in managing and supervising staff from external providers

Accommodation Arrangements

  • Exploring best practice in accommodation arrangements, including assessing the viability of home stays

Staffing and Volunteers

  • Determining minimum and optimum staff/student/volunteer ratios and skills mix
  • Assessing and managing the use of parent volunteers, including where parents accompany students with a disability

Staff Pay

  • Determining staff hours on an overseas trip – what time can reasonably be claimed as time at work
  • Understanding pay obligations, including possible obligations to pay overtime at an hourly rate
  • Exploring options to optimise staff pay arrangements to maintain the financial viability of an overseas tours

Managing Incidents and Events

  • Critical incident response: establishing clear protocols for medical emergencies, missing students, arrests/detention, natural disasters, evacuations and rapid escalation pathways
  • Understanding the extent of responsibility and involvement of the external provider where there is an incident or evacuation
  • Exploring the potential role of government agencies
  • Coordinating with parents and insurers
  • Implementing measures to optimise real-time decision making under pressure – managing evolving risks on the ground—when to cancel, evacuate or alter itineraries, and documenting decisions

Jason Newman, Principal, Gilchrist Connell; Board Member, St Michael’s Grammar School

Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools Australia (AHISA)

3.55      Closing Remarks

4.00      Event Close

Presenters / panelists include:

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.
Ben Tallboys provides sector-specific, practical legal solutions to schools across Australia. Ben is a passionate and effective advocate for principals dealing with complex matters relating to parents, staff and students, as well as their own employment.
Jodie Vella has a strong practice acting for clients in the education sector responding to claims alleging tortious, contractual, and statutory liability. Jodie’s practice includes a focus on claims for injuries allegedly sustained by bullying, facility defects, abuse, mishandling of special needs students, slips, trips and falls on school premises, and school sport accidents. Jodie also provides legal advice and guidance on child protection matters.
Before studying law Tracey Jessie was a teacher and principal within Education Queensland. Tracey now advises a range of educational institutions on employment and other matters. Tracey has extensive experience leading investigations and complaints on behalf of employer organisations. She is experienced in preparing employment contracts, policies and procedures for employers. 

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