LawSense School Employment Law

Contractors, Volunteers, External Providers, Performance Management, Restructuring, Psychosocial Claims Regarding Student Behaviour

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Program

SESSION 1 – 2 September 2025

12.00    LawSense Welcome

12.05    Opening Remarks

David Scanlan, Director of People & Culture, St Hilda’s Anglican School for Girls, Perth

12.10    Navigating Liability and Management of Contractors, External Providers and Volunteers and Optimising Contracts/Arrangements

• Outlining the different types of non-staff workers used in schools
• Examining the definition of a contractors and volunteers including developing assessment checklists

Extent of Your Accountability versus That of Non-Staff Worker/Provider

• Understanding the extent of your liability regarding contractors and external providers – what is the extent of your accountability versus their accountability
• Understanding the extent of your liability for volunteers or other non-staff workers
• Dealing with challenging scenarios, including:
  • where there is a breach of a school code or policy affecting a worker, but the worker is not your staff member, but is an external contractor or provider
  • breaches of code or policy by volunteers

Claims That Can Be Made by Contractors or Volunteers

• Understanding potential claims that can be brought by contractors or volunteers, including discrimination, adverse action and work health and safety claims, such as breach of psychosocial hazards laws

Your Due Diligence Obligations and Training

• Meeting your obligations and examining best practice in due diligence regarding external contractors, providers or volunteers, including assessing the relevant skills, experience or fitness
• Exploring best practice in induction and training of external contractors, providers or volunteers

Optimising Contracts /Arrangements with External Contractors, Providers and Volunteers

• Exploring optimum arrangements with contractors, external providers and volunteers
• Examining key clauses to include in the current environment

Steven Troeth, Partner, Gadens

1.10      Break

1.25      Performance Management: Examining the Implications of Recent Cases and Navigating Position Descriptions, EBA’s, Workers’ Compensation, Bullying Complaints and Psychosocial Hazards

• The importance of establishing standards through position descriptions, work practice statements
• Recent cases involving formal performance-management processes, and particularly regarding to compliance with enterprise agreement requirements
• Acting on teacher underperformance, and relying upon feedback from students and parents
• Distinguishing between essential and ideal job requirements
• The importance of informal performance-management, including effective feedback
• Dealing with workers’ compensation claims, bullying complaints, and allegations about psychosocial hazards which may arise

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

2.25      Closing Remarks

2.30      Session Close

SESSION 2 – 9 September 2025

12.00    LawSense Welcome

12.05    Chairperson’s Remarks

Belinda Reid, Head of Human Resources, Trinity Grammar School, Sydney

Alison Binet, Deputy Head People & Culture, Barker College, Sydney

12.10    School Restructuring Case Studies:

Claims of Redundancy by Staff After Requested Changes

• Outlining legal definitions of redundancy and application in practice
• Dealing with claims by staff for redundancy after a school requests changes, such as the teacher being asked to teach in another faculty

Avoiding Unlawful Pre-Determined Decisions, Including When to Consult, Implementing Defensible Consultation and Best Practice Documentation

• Outlining key laws applying to restructuring and consultation requirements
• Consultation:
  • understanding when consultation is required and how it should be implemented
  • examining what should be considered in the consultation process
  • implementing strategies and processes to ensure decision making is made properly considering evidence and responses from the staff member
• Where have schools come unstuck? Learning from case studies, including where decisions are made to outsource school services
• Exploring best practice record keeping to ensure you can defend your decision-making processes

TBC, Partner, MinterEllison

Alison Binet, Deputy Head People & Culture, Barker College, Sydney

1.10      Break

1.25      Navigating Psychosocial Risks to Staff from Student Behaviours and Managing Claims

• Exploring how psychosocial hazards laws can apply to student behaviours towards staff, including alleged sexual harassment
• Implementing policies and procedure to manage psychosocial risk, optimise responses and ensure legal compliance, including:
  • steps in identifying relevant risks with staff
  • particular considerations in implementing measures to manage
    • sexual harassment risks
    • responses to student discipline, including difficult parents
  • Responding to staff claims against students – managing key steps and considerations, including implementing interim measures pending an investigation
  • Understanding the position of regulators on psychosocial risks to staff from students
  • Examining best practice documentation and record-keeping

Erin McCarthy, Partner, Piper Alderman

2.25      Closing Remarks

2.30      Event Close

Presenters / panelists include:

	Belinda Reid is the Head of Human Resources at Trinity Grammar School, Sydney. Belinda is passionate about staff wellbeing, performance management, reducing psychosocial injury and improving wellbeing through adapting workplace policies and practices to meet the emerging needs of staff.
	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.
	Tim Longwill is a legal practitioner of over 20 years experience. He is a specialist industrial lawyer with significant exposure to the education sector. Tim was also recently named for the third year in a row as being among ‘Australia’s Best Lawyers’ by the Financial Review.
	Steven Troeth has extensive experience in the education sector, including acting for independent and Catholic schools. He advises on employment, student and parent issues, including staff and teacher disputes, discrimination, bullying, cyber and social media issues, enterprise agreements and contractual disputes.

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