Legal Induction for New and Emerging Leaders and Teachers

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8.45     Opening from LawSense

8.50     Opening Remarks from the Chairperson

Trevor Goodwin, Principal, Iona College

9.00     Overview of Legal Framework: Duty of Care, Education Act, Discrimination Legislation, Privacy and Confidentiality, Criminal Legislation

Tracey Jessie, Principal, Jessie Lawyers; Former Principal, Education Queensland

9.30     Social Media: Understanding School Staff Obligations in Using Social Media, Duties and Options to Protect Students on Social Media

Obligations of Staff on Social Media

• Reviewing key applicable laws and understanding professional obligations and boundaries in relation to non-school activities
• Interacting with students and social media
• Understanding the rights of the school to information or to act where staff conduct on social media affects the school

Students on Social Media – Bullying and Sexting

• Navigating sexting and online offences and knowing how to investigate and respond
• Legislation update: examining current offences students can commit online and potential consequences
• Storing evidence of porn – what are the legal restrictions?
• Understanding the limits of duty of care with students or online activities outside the school
• Exploring the boundaries of a school’s duty of care where material:
  • is sent to a student by a student outside the school, including images of self-harm
  • is posted on social media relating to parties or events which are not school activities, but include students at the school
• Gaining assistance from the office of the eSafety Commissioner

Annie Smeaton, Partner, Cooper Grace Ward Lawyer

Reviewing Family Law and AVO’s and How These Affect Schools and Management of Students and Parents

• Outlining the role of the Family Court and the different Court orders that can be made or arrangements reached affecting children of separated parents
• Understanding AVO’s, including common orders that are made that can affect schools
• Exploring the role of the school or teacher as an independent, objective and neutral third party

Which Parent Has the “Rights”

• Understanding parent rights and responsibilities where parents are newly separated and there are no court orders
• What is the legal effect of parenting plans versus court orders and how do these affect the school?
• Identifying and managing interim versus final orders
• Navigating permission for excursions and other activities where parents disagree

Blended Families and “Rights”

• Understanding the legal position of new partners, stepparents and grandparents

Dealing with Alleged Violence and AVO’s

• Examining the impact of AVO’s on how a school should deal with a parent:
  • does the AVO override parenting plans or court orders?
  • what is the extent of the school’s obligation to ensure the order is observed by a parent at school?
  • responding to breaches of AVO’s
  • your responsibility when a parent/child alleges domestic violence

Access and Handovers

• Responding to requests for pick-up contrary to a parenting plan or court orders
• Dealing with circumstances where the court orders specify time with a parent, but the child does not wish to comply

Providing Information to One Parent or The Other

• Examining key laws, agreements and orders that would dictate what information can be provided to a parent
• Understanding what information can be shared with parties who are not parents

Pierce Carstensen, Principal, McInnes Wilson Lawyers

Excursions, Camps and Trips: Understanding Duty of Care, WHS and Child Protection Obligations and Implementing Best Practice Risk Management

• Outlining key legal requirements relevant to excursions and trips – duty of care, WHS, child protection
• Identifying and managing risks – what is the extent of your obligations?
• Obtaining effective permission notes and waivers
• Dealing with external consultants and venues
• Examining your duty of care regarding student social events and “free time”
• Understanding your rights and obligations in having parents or volunteers involved

Leah Vida, Special Counsel, Gilchrist Connell Lawyers; Former Teacher

12.40   Closing Remarks from the Chairperson

12.45  Close of Session

1.10     Opening Remarks from the Chairperson

Ann Rebgetz, Principal, St James College; President, Association of Catholic Secondary Schools; Vice President, Catholic Secondary Principals Association of Qld

1.15     Privacy and Confidentiality: Understanding Your Obligations and Exceptions to Disclosure

• Reviewing current laws affecting privacy and confidentiality in schools
• Examining rights and obligations in using and publishing photos of students and staff
• Examining who can have access to student information:
  • within the school, including medical / psychological reports
  • external parties, including sharing information with other schools
  • groups related to the school such as sporting groups, alumni & P&C bodies
  • access to school counselling records
• Dealing with requests for information:
  • by family members
  • from other schools or organisations

Trenton Schreurs, Principal, McInnes Wilson Lawyers

Understanding Your Rights and Obligations in Managing Students with Mental Health Issues

• Reviewing legal rights and obligations affecting mental health issues in schools:
  • duty of care, including identification of issues
  • discrimination
  • privacy and confidentiality
• Responding to hearsay from other students about another student’s mental health issues
• Self-harm: practical measures to address risks and obligations

Alistair Macpherson, Director, Corney & Lind Lawyers

Discrimination: Navigating Direct and Indirect Discrimination and Reasonable Adjustments

• Reviewing the current legislation and case law affecting disability

discrimination in schools – Disability Discrimination Act 1992 (Cth), Disability Standards for Education 2005 (Cth), the new Human Rights Act 2019 (Qld)

• Understanding direct versus indirect discrimination and the obligation to make “reasonable adjustments”
• Managing behaviours associated with disability – balancing educational outcomes for students with disabilities and the safety of all staff and students
• Learnings from case studies and scenarios

Annie Smeaton, Partner, Cooper Grace Ward Lawyers

4.10     Closing Remarks from the Chairperson

4.15     Close of Seminar

Presenters / panelists include:

Before studying law Tracey Jessie was a teacher and principal within Education Queensland. Tracey now advises a range of educational institutions on employment matters. Tracey has extensive experience leading investigations and complaints on behalf of employer organisations. She is experienced in preparing employment contracts, policies and procedures for employers.

Leah Vida is Special Counsel with Gilchrist Connell’s Brisbane office having joined the team in May 2016 with her practice being based exclusively in insurance. Leah can offer comprehensive advice on all aspects of general liability claims i She has worked on leading cases in insurance law in Queensland and developed in-depth knowledge and technical excellence in this field.

Trenton Schreurs has extensive experience in insurance litigation and dispute resolution for both the Insurer and Plaintiff perspectives. Also, Trenton has a keen interest in emergent technology including intellectual property and copyright online, privacy, media law and defamation and regulation of the internet.

Annie Smeaton specialises in employment, anti-discrimination and industrial law. She has extensive experience dealing with proceedings in the Federal Court, Federal Circuit Court, Queensland Industrial Relations Commission, Fair Work Commission, Australian Human Rights Commission, Anti-Discrimination Commission and the Queensland Civil and Administrative Tribunal.

Alistair Macpherson focuses on legal issues affecting schools, non-profit entities and other corporate clients. Alistair has personally appeared in numerous Tribunals and Courts as advocate for schools and other clients. Alistair is also a Board Member of Queensland Baptists, which engages in, amongst other things, in schools and other charitable activities.

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