LawSense Managing Student Behaviour & Discipline – New Policy NSW State Schools

Updated Program – Navigating & implementing the new policy and reqirements in NSW State Schools – Live Online With Recording Available Post Event

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Program

8.45       LawSense Welcome

8.50       Chairpersons Introductions

Dianne Van Berlo, Executive Director, Health, Safety and Staff Wellbeing, NSW Department of Education

Lila Mularczyk OAM, Education Consultant

9.00       Examining How the New Behaviour and Restrictive Practices Policy Interacts with Your Current Legal Duties to Other Students, Obligations to Make Reasonable Adjustments and Your Obligations to Staff

• Outlining laws affecting the management of student behaviour in NSW state schools, including duty of care and discrimination law
• Understanding procedural fairness and how it applies in schools
• Examining key aspects of the new Student Behaviour Policy framework
• Identifying to what extent the Policy reflects or goes beyond legal requirements
• Analysing grey areas in the new Behaviour Policy – what aspects leave schools with scope for interpretation?

Tim McDonald, Principal, McCabes Lawyers

10.00    Break

10.10    Implementing the New Policy on Restrictive Practices

• Outlining and interpreting changes to the policy framework regarding restrictive practices
• Reviewing the support available for schools to manage the new restrictive practice framework
• Exploring the practical impact of the new framework and applying requirements:
  • requirement of being student centred
  • assessing whether developmentally and age appropriate
  • implementing the least restrictive option
  • the time of application of the and how time can be reduced or eliminated
  • monitoring to ensure student wellbeing
  • schedule for ongoing review
• Exploring scenarios applying the new restrictive practices policy

Margaret Baker, Principal Legal Officer (Policy, Compliance and Administrative Law), Legal Services, NSW Department of Education

11.10    Break

11.20    Applying the New Student Behaviour Policy and Procedures to ‘Behaviours of Concern’ and Navigating Suspensions and Expulsions

• Examining key aspects to consider of the new policy and procedures where there are challenging behaviours
• Defining a ‘behaviour of concern’
• Understanding the extent to which you should consult and interact with different stakeholders where there is behaviour of concern
• Navigating suspensions:
  • examining valid grounds for suspension
  • how should suspensions be approached where the student has a behavioural disability?
  • providing cautions – when should they be provided, what should they contain
  • clarifying timeframes – when can you caution, how long after cautioning can you suspend, how long can suspensions be implemented for, when can a suspension be extended
  • examining your obligations during and after the suspension
  • documentation and record keeping – understand what aspects to cover and the level of detail required to ensure you protect your legal position
• Understanding and managing key steps and requirements in expelling a student
• Examining your obligations in facilitating complaints and appeals regarding suspensions or expulsions
• Responding to complaints – understanding your procedural fairness obligations and optimising communications and record keeping
• Appeals: examining how the merit of appeals is evaluated and optimising your role in the appeals process

Leighton Hawkes, Principal, McCabes Lawyers

12.30    Chairperson’s Conclusion

12.30    Event Close

Presenters / panelists include:

	With a career that spans a range of senior leadership roles across industry sectors Dianne Van Berlo brings a unique perspective to her role as Executive Director Health, Safety and Staff Wellbeing. Dianne started her career as a physiotherapist in Qld, NT and Middle East, moving into Information Technology, managing online delivery for TAFE NSW, and for the NSW Department of Education, leading cybersecurity, quality assurance, enterprise risk and portfolio management, all whilst running a successful Angus cattle stud. Dianne currently leads a large multi-disciplinary team comprising 340 staff who support 2220 Public Schools across NSW in responding to incidents including those involving high risk-taking behaviour; the team also provides proactive advice on risk mitigation, student and staff wellbeing, and the importance of strong community engagement.
	Lila Mularczyk Lila Mularczyk was Principal at Merrylands High School for 15 years. She was the President of the NSW Secondary Principals’ Council (SPC) and Director of Secondary Education. Lila currently works with principals, the DoE, and universities.
	Tim McDonald practises in employment and industrial law, work health and safety, discrimination, bullying and harassment, management of injured workers and termination of employment. Over the last 20 years, Tim has advised and represented private and public sector employers, including schools and higher education.
	Margaret Baker has worked for the NSW DoE for over 15 years. Over that time Margaret has provided legal support and advice to people working in schools, TAFE NSW, State Office and other Department areas. This advice ranges from prevention of legal liability and legal risk reduction, to privacy, contracts and compliance. She has also represented the Department in courts and tribunals.
	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). Leighton has acted for the NSW Department of Education for a significant 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.

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