| Date | 25 August 2026 |
| Time | 12.00pm-3.45pm AEST (Syd/Melb/Bris time) |
| Venue | Live Online with recording - recording access expires 25 September 2026 |
| Pricing | $440 Prices includes gst. |
| Sector | Non-State Schools |
| CPD | Addresses 7.2 of the Australian Professional Standards for Teachers |
Register
Program
12.00 LawSense Welcome
12.05 Chairperson’s Remarks
12.10 Navigating Enrolment, Unjustifiable Hardship, Reasonable Adjustments
Current Legal Framework and Proposed Reforms
- Reviewing the current laws affecting enrolment of students with a disability in schools including the requirement to provide reasonable adjustments
- Outlining notable proposed changes to the Disability Discrimination Act 1992 (Cth) and potential impacts on schools of changes to definitions of discrimination and burden of proof
Optimising Collection of Information
- Examining what information you should collect, optimising questionnaires and obtaining expert reports
Denying Enrolment of a Student with a Disability, Including Unjustifiable Hardship
Unjustifiable Hardship
- Examining when you can decline enrolment for unjustifiable hardship. What is ’unjustifiable’?
- Understanding the impacts of proposed reforms on the unjustifiable hardship exemption
Declining Enrolment for Lack of Information
- Exploring discrimination obligations and options to decline enrolment where you consider the parents/guardian are not cooperating or providing adequate information
Declining an Enrolment Based on Limited Resources or Impacts on Staff
- Exploring when you can decline and enrolment based on:
- limited resources, including limitations on resources as a result of already supporting a number of students with a disability
operational impact or impacts on staff
Declining Enrolment Due to Impacts on Other Students
- Exploring circumstances where you can decline enrolment because of impacts on other students
Parents Not Concerned About Meeting Educational Needs
- Exploring discrimination obligations and options to decline enrolment where the parents/guardian do not care if you are unable to meet the educational needs or curriculum regarding the student, but just want them to be able to attend school
Disability Emerging After a Place Offered but Prior to Commencement
- Understanding obligations where a place has been offered, but the student develops a disability prior to commencing school
Disability Advocates
- Dealing effectively with disability advocates
Examining Options for “Conditional” Enrolment, “Sunset Clauses”
Implementing Effective Documentation, Including Review or “Sunset” Clauses
- Entering into a pre-enrolment contract with the parents requiring provision of all relevant information
- Including options to review a student’s enrolment after a period of time
- Examining key questions you should include
- Examining best practice documentation and communication to support your decision to decline enrolment
Optimising Communications About Alternative Settings for the Student
- Optimising communications with the parents and student regarding declining of enrolment and alternative schools
Erin McCarthy, Partner, Piper Alderman
1.10 Break
1.20 Imputing Disability: Assessing When to Impute and Dealing with Non-Engaged Parents or Parents in Denial
- Understanding key rights and obligations in imputing disability:
- when should a school impute disability
- examining key requirements to impute a disability
- understanding obligations arising after a disability has been imputed
- Navigating parents that are not engaged or deny there is a disability
- What are the obligations and risks for the school in imputing disability or implementing reasonable adjustments
- Navigating NCCD requirements, including ensuring you have adequate evidence and documentation of an imputed disability
Eve Bignell, Senior Counsel, Xavier College
2.20 Break
2.30 Effectively and Defensibly Applying the Law: Learning from Complex Scenarios
In these sessions the panel will work through scenarios to help you understand how the law applies in different circumstances and what are legally defensible and non-defensible decisions and outcomes. Different variations will be introduced to the scenarios to help provide a depth of understanding
- Implementing and Managing a Conditional Enrolment
- Scenarios include that a student has a history of self-harm and is proposed to be enrolled with conditions that the student access psychological assessment and that adjustments be “tested” for viability and effectiveness
- Balancing rights of the student with obligations to staff – applying the law and navigating rights, obligations and operational reality, including obligations to staff regarding psycho-social hazards
- Scenarios include:
- the student has ADHD/ASD and behavioural disorder associated with impulsivity and emotional dysregulation
- known Behaviours – scenario variations include:
- frequently absconding from the classroom, attempts to leave school grounds, throwing objects at staff and other students when dysregulated
- can become triggered during transitions (e.g. lining up, changing activities), loud or unstructured environments (e.g. playground, assemblies)
- Impacts on staff – scenario variations include staff member on stress leave, staff member claiming PTSD and/or staff member refusing to teach the student
- Scenarios include:
- Balancing obligations – available school resources versus number of existing students with a disability:
- Scenarios include:
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- the school already has other students with learning and other disabilities in the year or class including:
- student(s) with autism spectrum disorder (level 2)
- student(s) with ADHD (moderate to high impact)
- specific learning disorders (dyslexia/dysgraphia)
- student(s) with anxiety disorder (including school refusal history)
- Scenario variations include where:
- the new student applying to enrol may require one on one support
- parents are requesting a further staff member to help with school engagement for an existing student that develops a disability
- a student develops a condition that requires teacher attention in a class where there are already a significant number of students with complex needs
- small versus medium versus large school scenarios
- the school already has other students with learning and other disabilities in the year or class including:
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- Scenarios include:
- Student Significant Learning Disability versus Obligations to Meet Curriculum
- Scenario variations include:
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- balancing rights and obligations where the student disability results in significant lack of school attendance,
- a student working at a Grade 4 level in Year 9 – the student cannot access the curriculum and the whole class is affected. Parents are non-cooperative
- a student with a disability attending a camp would need a significant redesign of events which would not maintain the intended educational experience
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- Scenario variations include:
- External Expert Requirements Versus Assessment of the School
- Scenario includes:
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- Year 9 student with Autism Spectrum Disorder (Level 1–2), Generalised Anxiety Disorder. Academically capable but experiences:
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- significant anxiety in timed and performance-based tasks
- “shutdown” responses during stress (unable to speak, write, or engage)
- occasional school refusal, particularly during assessment periods
- the school implements adjustments including 10 mins extra time in tests, access to quiet space if requested in advance, encouragement to attend tasks and wellbeing support
- the student’s parents obtain a detailed psychologist’s report requiring significantly more adjustments that the school disagrees with
- the parents retain the services of a disability advocate
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- Year 9 student with Autism Spectrum Disorder (Level 1–2), Generalised Anxiety Disorder. Academically capable but experiences:
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- Scenario includes:
- Suspension or Expulsion of a Student with a Disability
- Scenario includes:
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- a year 8 student that has a documented disability – scenarios variations include that the student has ADHD (severe) or Oppositional Defiant Disorder (ODD) or a trauma background contributing to emotional dysregulation
- the student has been at the school since Year 7
- the student frequently refuses instructions and challenges authority, uses abusive language toward staff; has escalating incidents, including throwing objects, pushing other students, leaving class and roaming the school
- the school has an Individual Behaviour Support Plan; regular check-ins with wellbeing staff; a modified timetable (reduced subject load); access to a withdrawal/safe space; part-time LSO support during high-risk periods
- the student’s behaviour is worsening in frequency. In a particular incident he throws a stool that causes a minor injury to another student
- the student’s parents argue his behaviour is a direct manifestation of his disability, that the school has failed to provide adequate support and that suspension or expulsion would amount to discrimination
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- Scenario includes:
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools Australia
Leandra Turner, Principal, Peninsula Grammar
Anne Stringer, Head of Wellbeing, Peninsula Grammar
3.40 Closing Remarks
3.45 Event Close
Presenters / panelists include:
Erin McCarthy has over fifteen years’ experience in providing advice to employers and employer associations on all aspects of occupational health and safety, employment and industrial relations law as well as delivering essential information seminars and training workshops on key employment issues. As a part of a national team, Erin advises clients in all states and territories in Australia.
Eve Bignell is a specialist education lawyer, with experience in providing practical and strategic legal advice to schools across all areas of law impacting interactions with students, families, staff and regulators. Starting her career in business roles in the defence and aerospace sector, Eve worked as a junior lawyer in private law firms practicing medical negligence, discrimination, employment and insurance law. Eve then moved to government law at the Victorian Government Solicitor’s Office, practicing primarily in employment law and human rights, before specializing in education law. Eve was an in-house lawyer at the Department of Education for 12 years.
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.