School Law QLD 2018

One Day Event – Seperately Bookable Morning & Afternoon Sessions

Date2 May 2018
TimeMorning (2 separate streams): 8.45am – 1.15pm Afternoon (2 separate seminars)
VenuePullman King George Square, cnr of Ann & Roma St, Brisbane
Early Bird PricingFull day: $695. Morning or afternoon sessions only, $440. Prices include gst. Early bird expires 16 March 2018
Other related LawSense Events3 May 2017 Law for School Business Managers

Download Brochure

Register Now

PROGRAM AT A GLANCEChoose your sessions  
2 May 2018
8.45am-1.15pmMorning Stream 1 - State Schools SeminarORMorning Stream 2 - Non-State Schools Seminar
2.00pm-5.15pmAfternoon Seminar
(All Schools)
ORSchool Sports Law Seminar (All Schools)

School Law Program

 

MORNING STREAM 1 - STATE SCHOOLS
8.45am - 1.15pm

8.45 Welcome from LawSense

8.50 Opening Remarks from the Morning Chair

Andrew Pierpoint, President, Australian Secondary Principals Association

9.00  Staff Stress Claims and Psychological Injury: Effectively Navigating Claims, Medical Evidence, WorkCover, Return to Work, Reasonable Adjustments and Performance Management

  • Identifying and exploring key areas where stress claims or claims of psychological injury arise against schools and how the school can be liable:
    • claims in relation to work loads and types of classes
    • difficult behaviour or bullying by parents
    • workplace bullying
    • claims in response to performance management
  • Dealing with medical certificates and reports regarding stress or psychological harm – understanding when you can challenge or clarify medical evidence
  • Obtaining independent medical reports or evidence – when this can be done and how to brief the expert
  • Understanding the interaction between the school investigating and managing the claim and the role of WorkCover. How does WorkCover accepting a claim impact a school’s ability to dispute the claim?
  • Exploring how a stress claim can affect the performance management process
  • Return to work – understanding a school’s obligations and reviewing case studies with respect to reasonable adjustments
  • Performance management:
    • examining your options in performance managing an employee returning to work from stress leave or psychological injury
    • managing the process to prevent successful claims that the process has caused psychological injury
  • Understanding and managing your privacy and confidentiality obligations

Stephen Hughes, Principal Lawyer, Workplace Relations, Macpherson Kelley

WorkCover Perspectives

  • Understanding the role of WorkCover and how it investigates, assesses and manages claims
  • Reviewing a school’s rights and obligations in dealing with WorkCover

Janine Reid, Legal Counsel, WorkCover Queensland

Responding Effectively to Targeted Social Media Complaints Against Staff – Understanding Your Options and The Limits of the Law

  • Exploring types of complaints about staff and the forums often used:
    • online directories with a teacher rating facility
    • Facebook pages or groups
    • member-based chat forums
    • blogs
    • parent initiated surveys
    • P&F forums
  • Balancing your obligations to the staff member and the school in investigating a complaint
  • Dealing with anonymous complaints
  • Responding to posts or messages online – understanding the legal position of the staff member, the school and potential pitfalls
  • Approaching websites, blogs, Google or Facebook to have material removed. What are your options where material is hosted offshore?
  • Exploring best practice in negotiating or mediating a complaint
  • Staff commencing defamation action – what are a school’s legal obligations and risks?

Lydia Daly, Special Counsel, McCullough Robertson Lawyers

Grooming: Assessing Conduct, Responding to Allegations Against Staff and Managing Investigations

  • Examining the legal framework applying to grooming and reviewing grooming offences
  • Understanding what conduct is “grooming” and the extent of conduct necessary to be unlawful. Can subtle behaviours over time constitute grooming?
  • What if conduct is not unlawful or police decide not to investigate, but it is still of concern to the school? What is the school’s duty of care?
  • Examining key steps in responding to allegations:
    • when and how should an internal investigation be conducted?
    • should the staff member be stood down during any investigation?
    • reporting to police and police investigations – understanding your rights and obligations, including where police seek to interview students or staff
    • examining your obligations with respect to privacy and confidentiality
  • Addressing the potential legal fallout where the allegations are proven false or the staff member is exonerated

Tim Longwill, Partner, McCullough Robertson Lawyers

Defending and Managing Staff Adverse Action Claims by Staff In State Schools

Recent legislative changes now allow “adverse action” claims by staff, which can be made against the school, but also against school leaders personally. Claims of adverse action have escalated in other jurisdictions where they have become available. This presentation reviews the recent legislative changes and key aspects of managing and defending adverse actions claims in schools

  • Examining the Industrial Relations Act 2016 (QLD) general protections for public sector employees:
    • what constitutes a ‘workplace right’ including the right to make an enquiry or complaint in the employee’s employment
    • understanding when a school is taking ‘adverse action’ against an employee
    • the reverse onus of proof – what requirements does a school need to meet to defend an adverse action claim and what sort of evidence is needed?
    • examining what penalties, damages and other orders a school could be exposed to
  • Understanding how discrimination claims under the general protections provision apply and differ from anti-discrimination laws.
  • Reviewing learnings from education case studies and scenarios

Hedy Cray, Partner, Clayton Utz

1.10 Closing Remarks from the Morning Chair

1.15 Lunch for Day Delegates

MORNING STREAM 2 - NON-STATE SCHOOLS
8.45am - 1.15pm

8.45 Welcome from LawSense

8.50 Opening Remarks from the Morning Chair

9.00 Rev Christopher Ivey, Principal, St Andrew’s Anglican College; Chair, AHISA QLD

9.05 Responding Effectively to Targeted Social Media Complaints Against Staff – Understanding Your Options and The Limits of the Law

  • Exploring types of complaints about staff and the forums often used:
    • online directories with a teacher rating facility
    • Facebook pages or groups
    • member-based chat forums
    • blogs
    • parent initiated surveys
    • P&F forums
  • Balancing your obligations to the staff member and the school in investigating a complaint
  • Dealing with anonymous complaints
  • Responding to posts or messages online – understanding the legal position of the staff member, the school and potential pitfalls
  • Approaching websites, blogs, Google or Facebook to have material removed. What are your options where material is hosted offshore?
  • Exploring best practice in negotiating or mediating a complaint
  • Staff commencing defamation action – what are a school’s legal obligations and risks?

Ben Tallboys, Senior Associate, Russell Kennedy Lawyers; Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)

Grooming: Assessing Conduct, Responding to Allegations Against Staff and Managing Investigations

  • Examining the legal framework applying to grooming and reviewing grooming offences
  • Understanding what conduct is “grooming” and the extent of conduct necessary to be unlawful. Can subtle behaviours over time constitute grooming?
  • What if conduct is not unlawful or police decide not to investigate, but it is still of concern to the school? What is the school’s duty of care?
  • Examining key steps in responding to allegations:
    • when and how should an internal investigation be conducted?
    • should the staff member be stood down during any investigation?
    • reporting to police and police investigations – understanding your rights and obligations, including where police seek to interview students or staff
    • examining your obligations with respect to privacy and confidentiality
  • Addressing the potential legal fallout where the allegations are proven false or the staff member is exonerated

Tim Longwill, Partner, McCullough Robertson Lawyers

Staff Stress Claims and Psychological Injury: Effectively Navigating Claims, Medical Evidence, WorkCover, Return to Work, Reasonable Adjustments and Performance Management

  • Identifying and exploring key areas where stress claims or claims of psychological injury
  • arise against schools and how the school can be liable:
    • claims in relation to work loads and types of classes
    • difficult behaviour or bullying by parents
    • workplace bullying
    • claims in response to performance management
  • Dealing with medical certificates and reports regarding stress or psychological harm – understanding when you can challenge or clarify medical evidence
  • Obtaining independent medical reports or evidence – when this can be done and how to brief the expert
  • Understanding the interaction between the school investigating and managing the claim and the role of WorkCover. How does WorkCover accepting a claim impact a school’s ability to dispute the claim?
  • Exploring how a stress claim can affect the performance management process
  • Return to work – understanding a school’s obligations and reviewing case studies with respect to reasonable adjustments
  • Performance management:
    • examining your options in performance managing an employee returning to work from stress leave or psychological injury
    • managing the process to prevent successful claims that the process has caused psychological injury
  • Understanding and managing your privacy and confidentiality obligations
  • Key elements to consider in school policies and strategies dealing with stress leave and psychological injury

Stephen Hughes, Principal Lawyer, Workplace Relations, Macpherson Kelley

WorkCover Perspectives

  • Understanding the role of WorkCover and how it investigates, assesses and manages claims
  • Reviewing a school’s rights and obligations in dealing with WorkCover

Janine Reid, Legal Counsel, WorkCover Queensland

Dealing with Toxic Staff Behaviour And Understanding When the Lower Level Issues Can Be Used for Lawful Performance Management or Disciplinary Action

Schools, like other workplaces, encounter staff who may not reach the threshold for performance management or misconduct, but nonetheless throw up ongoing lower level issues or exhibit toxic conduct that can have a very negative impact. This practical session examines the limits of tolerance in the law for this sort of conduct in schools and how a school leader can lawfully respond to neutralise or manage the issues.

  • Exploring the threshold at which lawful performance management or disciplinary action can be contemplated – learning from case studies and examples
  • Identifying when instances of lower level behaviour can be combined to justify performance management or disciplinary action:
    • longstanding staff with continued instances of minor or “borderline” non-compliance
    • toxic behaviours – ongoing criticism, rumours, gossip, undermining
  • Understanding what level of evidence is required to justify action – what “proof” do you require?
  • Exploring best practice in documenting conduct, communications and responses when dealing with lower level or borderline issues

Tracey Jessie, Principal, Jessie Lawyers; former DET Principal

1.10 Closing Remarks from the Morning Chair

1.15 Lunch for Day Delegates

AFTERNOON SEMINAR OPTION 1 (ALL SCHOOLS)
2.00pm to 5.15pm

2.00 Opening Remarks from the Afternoon Chair

Ann Rebgetz, Principal, St Columbans College; President, Catholic Secondary Principals Association of Queensland (CaSPAQ)

2.05     Discrimination Update: Navigating Enrolment, Behaviour Management and the Limits of Reasonable Adjustments

Learning or Psychological Disability

  • Examining the legal framework and reports regarding discrimination in schools:
    • Disability Discrimination Act 1992, Disability Standards for Education 2005 and the Anti-Discrimination Act 1977
    • recent review of education for students with disability in Queensland state schools
  • Examining what can be seen as a disability under the law
  • Understanding “direct” and “indirect” discrimination in the school context
  • Disabilities and enrolment – navigating your rights and obligations and examining when you can decline enrolment for “unjustifiable hardship”.
  • Exploring the limits of the “reasonable adjustments” the school is required to make:
  • Exploring discrimination in excursions and camps
  • Behaviour management:
    • developing a responsible behaviour plan
    • understanding and balancing the rights of the staff
    • examining the limits of restrictive practice
    • when can you suspend or expel?

LGBTI Update

  • Reviewing reviewing your duty of care and discrimination issues regarding LGBTI students
  • Understanding the limits of your obligation to make adjustments:
  • Examining exceptions in discrimination legislation
  • What are your rights and obligations where a staff member does not support adjustments made for a student?
  • Dealing with parents:
    • what do you do where the student does not want the parent to know?
    • navigating circumstances where child and parent wishes, and views are inconsistent
    • dealing with situations where a parent is relying on the school to decide the issue

Annie Smeaton, Partner, Cooper Grace Ward Lawyers

Family Law: Effectively Navigating the Period Between Parent Separation and The Establishment of Parenting Arrangements or Court Orders

  • Reviewing the rights and obligations of parents affecting schools:
    • in the period after separation where there are no court orders
    • where there are informal agreements or arrangements
    • where there are interim orders
  • Exploring what changes a school should consider where it has been informed of parent separation
  • Understanding interim arrangements and orders and how they should be managed in schools
  • AVO’s/DVO’s:
    • what are the implications in dealing with the parent?
    • do they override other orders, such as interim Family Court orders?
    • what steps should you take to ensure that the AVO/DVO is current?
    • exploring practical steps in dealing with common provisions in AVO’s/DVO’s affecting schools
  • Practical approaches to effectively dealing with parent conflict at school

Emario Welgampola, Special Counsel, Corney & Lind Lawyers

Social Media Best Practice Primer:

Navigating Sexting and Online Offences and Knowing How to Investigate and Respond

  • Exploring common applications and online platforms currently used by students
  • Legislation update: examining current offences adults and students can commit online and potential consequences
  • Examining the recently expanded powers of the Office of the eSafety Commissioner
  • What is the role or requirement of the school to:
    • investigate allegations made by students or parents
    • report suspicions or allegations of potential offences
    • provide information to the police and what information
  • Police interviewing students and staff – what are a school’s rights and obligations?
  • Storing evidence of porn – what are the legal restrictions?

Understanding the Limits of Duty of Care with Students or Online Activities Outside the School

  • Cases update: learnings from recent cases about the school’s duty of care and social media
  • 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
  • Examining challenges in obtaining evidence and key tips to assist schools

Nick Le Mare, Partner, Corrs Chambers Westgarth Lawyers

5.10     Closing Remarks from the Afternoon Chair

5.15     Close of Seminar

AFTERNOON SEMINAR 2 – SCHOOL SPORTS LAW (ALL SCHOOLS)
2.00pm to 5.15pm

2.00 Opening Remarks from the Afternoon Chair

Bryan Hain, Director of Sport and Activities, The Southport School

2.05     Sport Camps, Excursions and Overseas Trips: Identifying Key Areas of Risk and Effectively Managing Your Duties

  • Reviewing your duties and special considerations in conducting camps, excursions and overseas trips:
    • examining safety and security conditions in host location and venue
    • assessing external providers
    • evaluating appropriate transport
    • reviewing the enforceability of contracts and special considerations in dealing with overseas entities/providers
    • understanding and documenting medical conditions and fitness of students and staff
    • determining the level of supervision required at different stages
    • visa and other travel regulations where overseas trios are involved
  • Exploring your duty of care regarding social events and student “free time”
  • Understanding your rights and obligations in having parents or volunteers involved
  • Exploring the limits of insurance
  • Learnings from case studies and scenarios
  • Exploring some key elements to include in school policies

Trent Forno, Managing Partner, Minter Ellison Lawyers and Cassandra Heilbronn, Senior Associate, Minter Ellison Lawyers

Best Practice Risk Assessment in School Sport: Examining Key Legal Issues and Effective Child Protection

  • Understanding legal frameworks applicable in dealing with sport programs, camps, excursions and trips
    • duty of care
    • WHS obligations
    • contracts with external providers and venues
    • insurance policies
    • child protection
  • Exploring best practice risk assessment and response:
    • examining key elements of an effective risk assessment
    • exploring how teacher qualifications affect risk assessments and obligations
    • higher risk sports such as skiing or equestrian – what are key matters to consider?
    • key considerations in child protection
    • best practice in documenting risk assessments and response

Megan Kavanagh, Partner, Colin Biggers and Paisley

Examining Effective Permission Notes, Waivers and Disclaimers and Understanding the Limits of Insurance

  • Understanding the limits to risks management provided by waivers and disclaimers
  • Evaluating blanket permission notes versus event-specific permission
  • Managing potential pitfalls in electronic or online permission systems
  • What should your waiver or disclaimer contain to optimise the school’s position?
  • Evaluating and responding to waivers and indemnities contained in contracts with venues or external providers
  • Reviewing key aspects of insurance contracts and coverage

Robert Walker, State Manager QLD, CompliSpace

Responding to Accidents in School Sport

  • Understanding your obligations in dealing with accidents, including head knocks, spinal injuries or fatalities in sport (duty of care of teachers, coaches, and parents)
  • Risk warnings for mandatory and compulsory school events
  • Responding to an accident:
    • ensuring you have a response plan for the circumstances (e.g. concussion management plans)
    • documenting and reporting incidents – what should you document or report and how? who should you report incidents to (e.g. parents, insurers)?
    • document retention and privacy regarding access to medical records.
  • Managing investigations and subsequent legal proceedings

Tracey Jessie, Principal, Jessie Lawyers; former DET Principal

5.10     Closing Remarks from the Afternoon Chair

5.15 Close of Seminar

 

Presenters / panelists include:
Pierpoint-AndrewAndrew Pierpoint is President of the Queensland Secondary Principals’ Association – the peak body for Principal and Deputy Principals across Queensland. Andrew has over 30 years’ experience in High Schools as a teacher, Head of Department, Deputy Principal and Principal as well as having several system positions in the support of Principals.

 

Chris Ivey is Principal of St Andrew’s Anglican College, located at Peregian Springs. St Andrew’s is a Prep to Year 12, co-educational, day school with 1300 students. Chris commenced as Principal in 2007. Prior to this he has worked in Independent Schools in Grafton, Gold Coast and Cairns.

 

Ben Tallboys is a senior associate in the workplace relations team at Russell Kennedy Lawyers and 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.

 

AlistairAlistair 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, retirement villages, aged care, schools and other charitable activities.

 

Trace-Jessie-webBefore 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.

 

Annie-Smeaton-webAnnie Smeaton has acted for clients in the state and non-state educational sector. Her work includes discrimination in education and the workplace, student and teacher disciplinary matters, industrial relations, student and teacher safety and managing parent and other complaints. Annie is recommended in Doyle’s Guide 2015 list of leading QLD employment lawyers.

 

Nick-Le-Mar-Web-EditNick Le Mare has practised almost exclusively in workplace relations law since 1997. For much of his career, Nick has been positioned at the forefront of employment strategy and execution in some of the most difficult industrial relations settings, including in rail, aviation and education sectors.

 

Legally trained and qualified, Robert Walker has spent over 20 years working in a range of senior executive roles within the NFP sector. With a passion for governance, risk and compliance Robert was recently appointed as the State Manager for CompliSpace, Australia’s leading provider of risk and compliance content to the education sector.

Download Brochure

Register Now

Terms & Conditions

[Back]