In-Person and Online Practical Day of Learning, Including Insight & Experiences from VIC School Leaders. Part of LawSense School Law & Separately Bookable
| Date | 3 June 2025 |
| Time | 8.45pm-4.45pm AEDT (Melb time) |
| Venue | RACV City Club 501 Bourke St, Melbourne AND Live Online & Recorded Recording available for both in-person & online attendees. Recording Access Expires 3 July 2025 |
| Pricing | EB: $695 Stan: $795 Prices include gst. Early Bird Expires 25 April 2025 |
| Sector | Non-State Schools |
| CPD | Addresses 7.2 of the Australian Professional Standards for Teachers |
| Other related LawSense Events | Part of LawSense School Law VIC & Separately Bookable |
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Program
8.45 LawSense Welcome
8.50 Chairperson’s Remarks
Dr Mark Merry, Principal, Yarra Valley Grammar School
9.00 Dealing with Staff Claims and “Pushback” In a Changed Environment, Including “Toxic” Staff and Staff “Weaponising” Psychosocial Safety
School Experiences, Staff Options and Expectations in A Changed Environment
- Exploring what expectations, request and claims schools are experiencing from staff in the current environment, including defining “toxic” staff
- Revisiting bullying laws and how these play-out in the current environment
- Outlining recent reforms and what options they provide staff to make claims:
- new laws regarding psychosocial hazards
- right to disconnect
- flexible work
Staff Claims, Including Staff “Weaponising” New Laws
- Staff responding to formal or informal performance management or disciplinary processes:
- understanding how staff can “weaponise” recent law changes in response to performance management or disciplinary action
- outlining potential claims regarding “unsafe” work environments, bullying, harassment
- staff claims arising from declining requests for flexible work arrangement
Navigating and Terminating Toxic or Underperforming Staff in the Current Environment
- Exploring how toxic behaviours can meet the threshold at which you can have lawful performance management, disciplinary action or dismissal – learning from case studies and examples
- Understanding what level of evidence is required to justify action – what ‘proof’ do you require?
- Investigations and terminations – ensuring your process effectively manages obligations regarding psychosocial and mental health of staff to ensure your action is defensible
- Drafting allegations and managing communications
- Effectively documenting decisions and action to optimise your legal position
Case Studies and Panel: What Have Other Schools Implemented and Learnings
Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
Dr Mark Merry, Principal, Yarra Valley Grammar School
10.30 Morning Tea
11.00 Ill and Injured Staff: Determining Work Versus Non-Work Injury and Navigating Medical Assessments and Return to Work
Navigating the Grey Areas of Determining Work Versus Non-Work Injury
- Outlining the current legal framework applying to work versus non-work injuries
- Examining the grey areas of what are work versus non-work injuries – exploring:
- circumstances where there is a dispute about whether an injury is work or non-work related
- scenarios where an original work injury changes or “expands” to arguably include non-work-related conditions
- Understanding what information, you are able to request to clarify grey areas or disputes
Acceptable Medical Evidence and Effective IME’s
- Dealing with medical certificates and reports – understanding when you can challenge or clarify medical evidence
- Optimising questions to ask the staff member’s medical practitioner to verify or clarify the condition
- Obtaining independent medical reports or evidence – when this can be done and how to brief the expert
Challenges With Return to Work and Reasonable Adjustments
- Understanding obligations regarding reasonable adjustments and return to work with work and non-work-related injuries
- Understanding rights and obligations with chronic or age-related illness or injury
- Exploring the limits – at what point does an adjustment become unreasonable under the current law
- Learning from case studies and exploring adjustments, including rights and obligations regarding:
- absence/time off, including when you consider taking action where there has been extended absence after a non-work injury
- alternative duties or requests for particular classes
- changes in timetable or workload
- flexible work/ work from home arrangements
- changes to the physical environment, furniture or devices where physical injury or disability is involved
Jess Toop, Partner, Justitia
12.25 Chairperson’s Remarks
12.30 Lunch
1.15 Chairperson’s Remarks
Natalie Charles, Principal, St Catherine’s School, Toorak
1.20 Specialist Staff, Including in Music, Extra-Curricular and Sport: Effectively Navigating Impacts of Recent Law Changes Regarding Fixed Term Contracts, Independent Contractor Laws, Industrial Agreements
- Exploring how specialist staff are used in schools and work arrangements, including music teachers, sports coaches and other work
- Outlining key laws applying including:
- recent changes to the law affecting fixed term contracts
- laws regarding independent contractors
- applicable industrial agreements
- Examining the challenges and impacts of the current legal framework on use and flexibility with specialist staff
- Exploring options and work-arounds to optimise arrangements with specialist staff in light of changed laws
Nick Duggal, Partner, Moray & Agnew Lawyers
2.20 Flexible Work Requests, Including Job Sharing: Understanding the Boundaries for Refusal, Effectively Evidencing Reasons, and Exploring Impacts of The Right to Disconnect
- Outlining the obligations of schools regarding flexible work arrangements, including:
- obligations to consult and attempt agreement with the staff member
- refusing on reasonable business grounds
- obligations to respond in writing providing reasons and other changes the school is willing to make
- Exploring other legal considerations regarding the potential impacts of allowing job-sharing or other flexible arrangements in schools
- Exploring the interaction, in practice, with the right to disconnect
- Reviewing the implications for schools of recent cases applying the current laws, including circumstances in which the Fair Work Commission has considered it reasonable to have flexible work arrangements and where it hasn’t
- Exploring what types of arrangements are considered reasonable in schools
- Examining best practice in documenting assessment of requests for flexible work and reasons for refusal
Case Studies and Panel: What Have Other Schools Implemented and Learnings
Steven Troeth, Partner, Gadens
Natalie Charles, Principal, St Catherine’s School, Toorak
3.20 Afternoon tea
3.35 Drafting Effective and Defensible Allegations and Communications to a Staff Member Where There Is Alleged Misconduct or Disciplinary Action
Drafting Allegations
- Understanding school procedural fairness obligations and how they impact drafting allegations
- Drafting/framing allegations against staff – properly drafting allegations regarding the staff member being investigated or disciplined:
- what extent and level of evidence should be obtained and considered and what should the allegations include
- ensuring that the allegations you communicate to the staff member meet your procedural fairness obligations
- learning from examples
Letters and Communications
- Exploring key elements of best practice communications with the staff member during performance management, disciplinary action or claims
- Learning from case studies – good letter versus not so good letters and communications
Note-Taking and Record Keeping
- Exploring optimum note-taking and record keeping to protect your legal position with staff issues
Erin McCarthy, Partner, Piper Alderman
4.35 Chairperson’s Remarks
4.45 Event Close
Presenters / panelists include:
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.
Dr Mark Merry has had wide teaching and leadership experience in schools in both Victoria and Tasmania. Mark began his teaching career in 1985. He taught History and Legal Studies and has lectured in Educational Psychology and Classroom Management at the University of Tasmania. Mark spent nine years as Deputy Principal in two schools before becoming Principal of Marcellin College in 2001 and Principal of Yarra Valley Grammar School in 2009.
Jess Toop leverages her expert knowledge and experience when assisting clients to solve their workplace issues, drawing upon her extensive career as a specialist employment lawyer in private practice and as a member of in-house legal teams, both in Australia and Asia. Jess works with clients across a broad range of sectors, including the education and not-for-profit sectors.
Nick Duggal has worked in the area of workplace relations for the past 13 years. He provides practical solutions that enable employers to resolve employment issues commercially and expeditiously. His clients include publicly listed and multi-national companies, Government instrumentalities, insurers, Schools, law firms, human resources and labour-hire companies, associations and hospitals.
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.
Natalie Charles commenced her role as Principal of Mentone Girls’ Grammar School in 2020. She was appointed to the position by the Mentone Girls’ Grammar School Council, not only for her sectoral experience and outstanding educational leadership but also for her passion, empathy and humour, and fierce commitment to excellence in girls’ education.