LawSense Law for Mental Health Practitioners 2025 – Child, Youth & Family

Tailored for Practitioners working with Children, Youth and Families

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Program

Session One: 31 July 2025

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Dr Gary Banks, Principal Clinical Psychologist and Managing Director, Sydney Counselling Centre; Authorised Clinician, NSW Children’s Court; Approved Clinician (Family Reports and Single Expert Reports); Accredited Family Dispute Resolution Provider

12.10    Family Law Update: Exploring the Impacts of Recent Changes and Managing the Child’s Rights Regarding Expressing A View

Reviewing Recent Changes and Impacts

• Outlining legislative changes including those regarding:
  • the making and varying of parenting orders and what is considered
  • removal of the presumption of equal shared parental responsibility
  • enforcement of parenting orders
  • introduction of ‘harmful proceedings orders’
  • requirement for Independent Children’s Lawyer (ICL) to meet with a child and give the child an opportunity to express a view
• Examining the impacts of the changes to date

Child’s Right to Express a View

• Navigating the child’s right to express a view, including:
  • how a child’s view is ascertained, including through independent evidence, such as a subpoena, ICL or mental health practitioner
  • navigating allegations of estrangement or coercive control affecting the child and the weight to be given to the child’s wishes
  • managing circumstance where the child does not want to express a view or have it communicated to parents
• Optimising reporting involving the child’s views

Wendy Kayler-Thomson, Partner, Forte Family Lawyers; Accredited Family Law Specialist, Law Institute of Victoria

1.10      Break

1.25      Establishing and Documenting Client/Patient Consent, Including Navigating Mature Minors and Ensuring Consent is Informed and Freely Given

Consent and Mature Minors

• Examining the key elements of informed consent
• 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?

Ensuring Consent is “Informed”

• Examining what level of information is required to make it “informed”, including learnings from examples and scenarios

“Coerced” or Not Freely Given Consent

• Exploring circumstances where consent could be legally considered as not freely given or coerced

Documenting Consent

• Exploring key aspects to record in documenting informed consent

Nevena Brown, Consultant, Health and Insurance, Meridian Lawyers

2.25           Closing Remarks

2.30           Close of Session One

Session Two: 7 August 2025

12.00         LawSense Welcome

12.05         Chairperson’s Introduction
Elisabeth Shaw, Chief Executive Officer, Relationships Australia NSW; Co-founder and Co-Manager, Kirralinde, Drummoyne Psychotherapy Centre

12.10         Updating and Implementing Best Practice Policies to Manage Separated Parents and Child Patients/Clients: Parent Consent, Disclosure, Court Orders, Family Therapy, Subpoenas, Fees

Exploring Key Issues for Practitioners in Dealing with Separated Parents

• Examining key issues that can arise for practitioners where there is parent separation and examining updates:
  • consent to providing mental health services to their child, including where there is conflict between parents on the issue
  • disclosure of information to parents, including where the child does not wish one or both parents to have the information
  • requests for files or reports by a parent wishing to use it in Family Court litigation
  • therapy involving multiple family members
  • Family Court orders and subpoenas
  • payment of your service fees

Consent from Separated Parents

• Understanding how different arrangements or Court orders after separation affect parent consent – who can provide consent where:
  • there are no Court orders
  • there are interim and final orders
• Exploring circumstances when “step-parents” or grandparents can provide consent
• Navigating circumstances where parents or guardians’ conflict about consent to psychology services

Best Practice Policies

• Implementing effective policies to optimise management of issues from separated parents and limit legal risk

Scott Shelly, Principal, Barry Nilsson Lawyers

Will Stidston, Principal – Family Law, Barry Nilsson Lawyers; Accredited Specialist Family Law

1.10      Break

1.25      Update: Navigating Sexting, Online Offences and Cyber-Bullying: Understanding New Laws, Duties/Obligations to Report and Optimising Note-Taking/Records

New Laws on Social Media Age Limits

• Examining the new laws regarding age limits on social media use, including examining exceptions
• Exploring the implications of the new laws, including what action should you take if you suspect a child is using social media in breach of the age limit

Other Social Media/Cyber Reforms

• Outlining other cyber/social media reforms – duty of care

Sexting and Online Offences

• Reviewing current laws dealing with sexting and other offences – when has an offence been committed? What laws apply to minors?

Obligations to Report or Act on Potential Offences – Extent of Evidence Required and Grey Areas

• Understanding your obligations in responding to suspected offences and bullying, including:
  • Reviewing obligations to report to police and mandatory reporting obligations
  • Exploring the nature and extent of evidence you should have before you consider reporting
  • Understanding restrictions on you accessing and storing sexting material for the purposes of evidence
  • Examining your obligations and options where the client/patient does not want the matter to be reported

Reviewing Options to Have Material Removed from Social Media Platforms

• Reviewing the current policies and procedures of some popular platforms regarding complaints, removal of material or suspension of accounts
• Dealing with anonymous posts or difficulties identifying perpetrators
• Maximising the assistance from the eSafety Commissioner

Best Practice in Documenting Client Issues with Sexting, Online Offences and Cyber-Bullying

• Examining what information you should seek and record
• Exploring key aspects of notes from conversations with the client/patient
• Copying and storing posts, pictures, messages, and other online material

Karine Marianne, Principal, Gilchrist Connell

2.25      Closing Remarks

2.30      Event Close

Presenters / panelists include:

	Dr Gary Banks is a Clinical and Forensic Psychologist, in practice for more than 25 years. In addition to a number of other clinical positions, he has been appointed to the NSW Children’s’ Court Clinic since its inception and as a Family Consultant to the Family Law Court. He has been a provider to the NSW Legal Aid Commission and the NSW Office of the Director of Public Prosecutions for more than 20 years.
	Rebekah Dorter, Principal of Dorter Family Lawyers and Mediators, holds a BA (Psychology)/LLB from Macquarie University, is an Independent Children’s Lawyer, Nationally Accredited Mediator with the Resolution Institute and the Australian Institute of Family Law Arbitrators and Mediators, is admitted as a Solicitor of the High Court of Australia and has been practicing law for 30 years. Rebekah has a special interest in promoting children’s best interests and helping facilitate parents reach agreement post-separation.
	Shannon Mony is highly regarded for her insurance litigation expertise, specifically in medical negligence, health law and professional indemnity claims. She has provided extensive advice to numerous Australasian and international insurers, brokers and underwriting agencies in defending claims and advising on wider insurance indemnity issues. She routinely advises on substantive health law matters, regulatory compliance and reform, privacy and risk management issues.
	Scott Shelly has acted in numerous medical negligence claims against health care providers, hospitals and health practitioners. He has acted for and defended a variety of medical and health industry professionals including medical practitioners, psychologists, dentists, physiotherapists, radiologists and a range of allied health professionals. Scott has been recognised as a Recommended Professional Indemnity Lawyers in the 2022 edition of Doyle's Guide. He has been recognised in Best Lawyers for Insurance Law since 2021.
	Ian Freckelton is an experienced King’s Counsel in full time practice as a barrister throughout Australia; a judge of the Supreme Court in Nauru; a board and committee member; an investigator of allegations of misconduct; a professor of law, psychiatry and forensic medicine; a fellow of learned academies; a journal editor; a speaker at international gatherings; an author, editor and book reviewer; and a scholarly traveller. He has been a Commissioner at the Victorian Law Reform Commission, a President of the Australian and New Zealand Association of Psychiatry, Psychology and Law, a member of many statutory tribunals and has held a variety of international positions.

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