In-Person and Online Day of Learning, Including Practical Insight & Experiences from QLD School Leaders. Part of School Law QLD & Separately Bookable.
| Date | 5 August 2026 |
| Time | 12.00pm-4.55pm AEST (Brisbane time) |
| Venue | Live Online & Recorded Recording Access Expires 6 September 2026 |
| Pricing | $495 Price 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 Chairperson’s Remarks
Toni Riordan, Principal, St Aidan’s Anglican Girls’ School
12.10 New QLD Reportable Conduct Scheme: Navigating Grey Areas, Managing Obligations to Accused Staff, Optimising Investigations and Implementing Best Practice Policies
Overview of Obligations
- Outlining obligations regarding reportable conduct and investigations in QLD schools
- Understanding the applicable standard of proof required regarding allegations
- Understanding grey areas in applying obligations including:
- significant emotional or psychological harm
- significant neglect
- evaluating borderline conduct and investigating internally
- enquiries, preliminary investigations to determine whether a matter is reportable
- requirements to report conduct that did not occur in the workplace, or is outside employment hours
- dealing with former workers or retrospective allegations
Interaction with Other Obligations
- Examining how reportable conduct obligations interact with other obligations, including where there are historical claims, duty of care, and other parallel reporting requirements involving other regulators/agencies
Expectations and Involvement of Regulators
- Understanding current expectations and role, in practice of the CCYP
Obligations to and Impacts on Staff
- Examining your obligation in practice to the staff member, including:
- obligations of procedural fairness
- standing down the staff member
- the extent to which the staff member should be informed of details of the investigations
- the extent to which you can inform other staff about the allegations and investigation
- appeals/reviews – understanding what recourse accused staff have if they dispute findings
Framing Allegations and Investigations
- Framing allegations to meet obligations, including to the staff member, and to optimise the investigation
- Examining best practice reportable conduct investigations, including investigation planning, discussions with staff and interviewing, gathering other evidence, and assessment and balancing of the evidence
Note-Taking and Record-Keeping
- Ensuring you properly document processes and decisions, interviews/discussions and other aspects to fulfil obligation and preserve your legal position
Learnings from Case Studies /Experiences in Other State
- Learnings from school experiences and implementing best practice
Implementing Best Practice Policies
- Exploring and implementing best practice policies to meet obligations and optimise reportable conduct investigation and reporting processes
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
1.10 Break
1.20 Performance Management, Psychosocial Hazards and Claims in QLD Schools – Effectively Navigating, Rights, Obligations and Unions in the Current Environment
- Outlining current laws applying to performance management in schools
- Understanding the intersection between performance management rights and obligations, psychosocial hazards obligations and workers compensation claims
- Examining the involvement of unions in light of new psychosocial hazards laws and focus
- Effectively navigating challenging scenarios, including:
- a staff member supported by the union, refuses to meet to respond to performance concerns
- a staff member claims they are not “psychologically safe” in response to questions raised or performance management processes
- a workers compensation claim is lodged in response to performance management
- other claims are made by the staff member, including bullying or adverse action
- Implementing strategies to help:
- effectively determine, define and communicate the unsatisfactory performance to ensure the performance is actionable and must be addressed by the staff member
- optimise observation and assessment processes to determine unsatisfactory performance
- manage processes to avoid claims, including regarding breach of psychosocial hazards laws
- optimise your position regarding the rejection or termination claims, including assessing and obtaining the evidence you need to succeed
- avoid de-railing of performance management processes
Seone Woolf, Principal, McInnes Wilson Lawyers
2.30 Break
Dr Alan Campbell, Headmaster, Anglican Church Grammar School
2.40 “Toxic” Staff Behaviour: Actioning “Lower Level” Conduct and Navigating Bullying Allegations, Psychosocial Hazards, Rights, Obligations and Mediation
Defining “Toxic” Behaviour or ‘Incivility’
- Identifying “lower level” “toxic” staff behaviour – “anti-social” behaviours, “rudeness”, ongoing criticism of school leaders or other staff, undermining, rumours, gossip
Applicable Laws
- Outlining laws applying to staff “toxic” behaviour or “incivility”:
- laws regarding staff performance and conduct
- bullying and harassment
- recent law changes regarding psychosocial hazards
- respect@work laws
Performance Management and Conflict Between Staff
- Examining how “lower level” behaviours such as toxic or incivility can:
- be used for lawful performance management or disciplinary action
- amount to bullying or harassment or breach psychosocial hazards laws or other obligations affecting the school
- Are toxic behaviours between staff outside school actionable?
Investigating and Navigating Staff Claims Regarding Other Staff
- Exploring challenges in obtaining and assessing evidence of incivility or toxic behaviour
- Determining when the evidence and circumstances meet the legal threshold for you to take legal action
Mediation/Dispute Resolution
- Exploring options for informal and formal mediation of staff disputes
- Ensuring mediation processes protect the school’s legal position, including understanding how evidence from mediation processes can be utilised
Policies and Codes of Conduct in a Changed Environment
- Implementing policies and codes of conduct to optimise management of toxic staff in a changed environment
- Ensuring your code is worded to capture toxic behaviour
Annie Smeaton, Partner, Cooper Grace Ward Lawyers
3.40 Break
3.50 Redundancy and Redeployment Update: Examining New Law and Ensuring You Implement a Legally Defensible Restructure
Legal Framework
- Outlining the laws applying to redundancy and redeployment including understanding:
- the applicable legal framework
- definitions of redundancy and redeployment
- rights and options of the school arising from employment contracts
- obligations to consider WHS issues
WHS Obligations, Consultation and Involvement of WHS Regulators
- Examining additional obligations to consult regarding WHS impacts
- Examining the approach of regulators
Redeployment and Expanded Obligations
- Outlining current obligations regarding redeployment
- Examining how wording in employment contracts can affect a school’s options with redeployment
- Understanding the implications for schools of the High Court decision in Helensburgh Coal Pty Ltd v Bartley including:
- obligation to consider changes to how a school uses its workforce to create a redeployment opportunity, even if no vacancy currently exists
- creating a role by insourcing work currently performed by contractors
- considerations regarding re-training
- Case studies and scenarios – managing challenges with redeployment in practice, including where a school has multiple campuses
Best Practice in Contracts, Restructuring, Redundancy and Redeployment to Avoid Claims
- Exploring key elements to consider in employment contracts to optimise the school’s position
- Exploring steps in preparing for restructure, including managing planning and decision making to navigate potential adverse action claims
- Implementing defensible approaches to selection of positions/staff
- Consultation – exploring best practice planning and approaches
- Identifying key considerations and steps to implement regarding redeployment
Trent Forno, Partner, MinterEllison
4.50 Chairperson’s Remarks
4.55 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.
Trent Forno has significant experience in all areas of employment law in both the public and private sectors. Trent practises in a variety of industry sectors, including education. Trent is recognised as a leading workers' compensation and self-insurance lawyer. In 2016, Trent was recommended in the Best Lawyers' category for Labour and 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.
John Hamilton has a strong track record in advising clients across a wide range of commercial and corporate matters. He possesses specialist knowledge and application in industrial relations matters, including employment and workplace issues, whilst working extensively in the education sector. John has a 25-year track record of managing publicly sensitive issues and delivering results.
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.