In-Person and Online Day of Learning, Including Practical Insight & Experiences from QLD School Leaders. Part of School Law QLD & Separately Bookable.
| Date | 13 May 2025 |
| Time | 8.45pm-4.45pm AEST (Brisbane time) |
| Venue | Voco Brisbane 85-87 N Quay, Brisbane AND Live Online & Recorded Recording available for both in-person & online attendees. Recording Access Expires 13 June 2025 |
| Pricing | EB: $695 Stan: $795 Prices include gst. Early Bird Expires 2 April 2025 |
| Sector | Non-State Schools |
| CPD | Addresses 7.2 of the Australian Professional Standards for Teachers |
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Program
8.45 LawSense Welcome
8.50 Chairperson’s Remarks
TBC: Toni Riordan, Principal, St Aidan’s Anglican Girls’ School
9.00 Psychosocial Hazards: Learnings from Recent Cases, What Schools Have Implemented and Dealing with Claims and Staff “Weaponising” Psychosocial Safety
Outlining Recent Laws Regarding Psychosocial Hazards and Potential Claims
- Outlining the recent changes to WHS legislation affecting schools including:
- examining definitions of psychosocial hazards and how this can include bullying, sexual harassment, and other behaviours
- outlining how it applies to staff, students and others interacting with the school
- understanding obligations to identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
- Understanding what claims staff, students or parents can make against you using the new laws
Learnings from Recent Cases and Attitude/Action of Regulators to Date
- Examining the response of WHS regulators in investigating and enforcing requirements regarding psycho-social hazards. What have been “triggers” of regulator action?
- Examining learnings from investigations and cases applying the new law
Staff Claims, Including Staff “Weaponising” New Laws
- Understanding how staff can “weaponise” recent law changes in response to performance management or disciplinary action
- Examining what changes to performance management and disciplinary processes you should consider to optimise your legal position
- Dealing with staff claims of “unsafe” interactions or work environments – from low level claims to alleged serious failures
Case Studies – What Have Other Schools Implemented/Experienced
- Exploring what schools have implemented to date, including:
- consultation – surveys, focus groups and other tools including committee meetings, team meeting, networks and individual discussions
- exit interviews for identifying hazards
- other data sources/audit tools and records
- control measures to eliminate (or minimise) psychosocial risks
- changes to job design, including duties, workload, team structures, and resource allocations
- changes in approaches to performance management and staff disciplinary matters
- responding to staff “weaponisation” of new psychosocial hazards laws and regulation
Ben Tallboys, Principal, Russell Kennedy Lawyers; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)
TBC: Toni Riordan, Principal, St Aidan’s Anglican Girls’ 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
Trent Forno, Partner, MinterEllison
12.25 Chairperson’s Remarks
12.30 Lunch
1.15 Chairperson’s Remarks
Rev Chris Ivey, Headmaster, Somerset College
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
Tim Longwill, Partner, McCullough Robertson 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
Rev Chris Ivey, Headmaster, Somerset College
John Hamilton, Principal, McInnes Wilson Lawyers
3.20 Afternoon tea
3.40 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
Tracey Jessie, Principal, Jessie Lawyers; Former Principal, Education Queensland
4.40 Closing 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.
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.