Exploring Key Updates & Effectively Navigating Evolving Rights, Obligations, Risks & Opportunities
| Date | 16 October 2025 |
| Time | 12.00pm-4.45pm AEDT (Syd/Mel time) |
| Venue | Live Online with recording (recording access expires 16 December 2025) |
| 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 Opening Remarks from the Chair
12.10 Beyond Uniform and Tuck Shops: Exploring Alternate Revenue Streams for Schools Which Comply with Not-for-Profit Requirements
- Outlining not-for-profit requirements, fit and proper person requirements, funding use restrictions and key hurdles in establishing alternate revenue streams
- Case studies – an accidental property developer (school selling excess land) and an intentional property developer (related party property developer) school selling school a school which school property development and leasing excess property
- Case studies – creating and commercialising courses, consulting and delivering training Creating course or sellable Intellectual Property
Jonathan Teh, Principal, Russell Kennedy
1.10 Break
1.20 Exploring Emerging Areas of Claims Against Schools and Examining Increasing Restrictions in School Insurance Policies
Understanding and Managing Narrowing Insurance Coverage
- Examining changes in insurance policies to be aware of in schools and why you can’t always rely on your broker
- Exploring work-arounds and alternatives where coverage is now narrowing for schools
Student on Student Harmful Sexualised Bahaviours and Assault – Navigating Claims
- Exploring what compensation claims can be made by or on behalf of students regarding harmful sexualised behaviours between students
- Understanding the range of damages that could be awarded by courts in relation to claims
- Navigating challenges with evidence and assessing the claim where there is no criminal conviction
- Balancing reputation risks with options to defend claims
- Examining the extent of insurance and attitude of insurers moving forward
Concussion Related Claims, Including Historical Claims
- Exploring schools’ exposure to potential claims regarding historical concussion
- Examining the potential legal basis for claims and what evidence and guidelines could be involved
- Reviewing the extent of insurance and evolving attitude of insurers
- Optimising policies to manage a school’s exposure to claims, including preserving evidence of past incidents, obtaining staff statements and optimising policies and record keeping
Jason Newman, Principal, Gilchrist Connell; Board Member, St Michael’s Grammar School
2.20 Break
2.30 Case Studies: Implementing Best Practice Tendering of School Services to Optimise Outcomes and Avoid Pitfalls
- Exploring common areas where schools use tendering with respect to services
- Examining key considerations in establishing effective tender strategies and policies:
- open versus closed tendering
- providing a template contract as part of the tender process
- ensuring the tender process:
- does not make unintended or misleading representations
- does not create legal obligations before the tender is accepted by the school
- protects any intellectual property and confidentiality
- exploring other key contract terms to consider
- Implementing due diligence to evaluate the viability of the supplier and the tender bid and evaluating proposed contract terms
- Case studies: learning from school experiences
Cecelia Irvine-So, Practice Leader, Corporate Advisory Team and Head of Education, Moores
3.30 Break
3.40 Staff Mental Health: Managing Pro-Active Obligations and Claims in the New Era of Psychosocial Hazards Laws
Changes in the Law and Interaction with Other Laws
- Outlining the recent changes to WHS legislation affecting schools including:
- examining definitions or psychosocial hazard and how this can include bullying, sexual harassment, and other behaviours
- outlining how it applies to staff, students and others interacting with the school
- understanding obligations to identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
- examining interactions with other laws, including laws regarding, toxic staff, bullying and sexual harassment – what has changed in responding to these issues?
Response of Regulators to Date of New Laws
- Understanding the role of regulators in investigating and enforcing schools’ requirements regarding psycho-social hazards
- Examining recent action by regulators regarding schools and psycho-social hazards
Pro-Active Obligations, Managing Claims and Impacts on Schools
- Understanding what claims staff, students or parents can make against you using the new laws
- Identifying psycho-social hazards relevant to your school circumstances and environment
- Meeting you obligation to introduce, maintain and review control measures to eliminate (or minimise) psychosocial risks to health and safety.
- Updating policies to meet your obligations and expectations regarding psycho-social hazards
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools Australia
4.40 Closing Remarks
5.45 Event Close
Presenters / panelists include:
Jonathan Teh is an experienced corporate and commercial lawyer who predominantly acts for health and large not-for-profit organisations. In particular, he assists Primary Health Networks to commission health services (eg headspace), community health services, public hospitals, medical colleges/societies and disability organisations with the NDIS rollout. Jonathan has degrees in Law and Engineering, and a Graduate Certificate in Entrepreneurship and Innovation.
Jason Newman's practice includes the defence of claims in the education sector. He has advised many insurers, schools and teachers on claims and potential claims against them. His clients include Catholic Church Insurances, several major brokers and Lloyds Syndicates.
Cecelia Irvine-So is accredited as a specialist in Business Law by the Law Institute of Victoria. Cecelia works for a significant number of independent schools regarding joint ventures, corporate compliance, enrolment terms, and privacy compliance, including the new mandatory data breach reporting regime. Cecelia believes in best achieving change and compliance by drawing on the powerful values of each school.
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.