LawSense School Law VIC 2026

Invaluable & Practical Staff Issues Day & Student Issues Day.

Event Program

13 May 2026 – Staff Issues Day

8.45      LawSense Welcome

8.50      Chairperson’s Remarks

Nicola Forrest, Principal, Cornish College; Branch Chair, AHISA VIC

9.00      Navigating Psychosocial Risks, Proactive Obligations and Learnings from Schools Experiences

Recent changes in regulations have clarified definitions and obligations regarding psychosocial hazards, which can include high or low job demands, low recognition and reward, poor organisation justice, bullying and sexual harassment to name a few. This session will help you implement practical policies and approaches to meeting your obligations and provide insight into how other schools are meeting their obligations:

Changes in the Law/Regulations, Proactive Obligations and Interaction with Other Laws

• Outlining the recent changes to WHS legislation and regulations affecting Victorian schools including:
  • examining definitions as recently clarified in regulations including, regarding psychosocial hazard definition, work design, high job demands, psychological response and a reportable psychosocial complaint
  • outlining how it applies to staff, students and others interacting with the school
  • understanding how the psychosocial hazards laws interact with other laws, including the right to disconnect, flexible work, positive duty to prevent sexual harassment and discrimination and victimisation
  • understanding proactive obligations to identify and act to prevent reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
• Understanding your proactive obligations and identifying key areas where you are required to implement plans to prevent psychosocial hazards
• Understanding what claims staff, students or parents can make against you using the new laws

Obligation to Meet Requests for Information [CHECK]

• Exploring new obligations to meet requests from staff or others in the workplace for information about the outcome of investigations/actions the school has taken regarding psychosocial hazards

Attitude/Action of Regulators to Date

• Examining the response of WHS regulators in investigating and enforcing requirements regarding psychosocial hazards. What have been “triggers” of regulator action?

Examining Best Practice Self-Audits, Controls and Learnings from School Responses

• Exploring best practice in identifying psycho-social hazards in your school:
  • examining different stakeholders and how they may be affected differently – staff, students, parents
  • exploring optimum data time-frames for identifying psycho-social hazards in your school
  • consultation – surveys, focus groups and other tools including committee meetings, team meeting, networks and individual discussions
  • conducting effective exit interviews for identifying hazards
  • other data sources/audit tools and records available to schools
• Analysing and evaluating data. What weight should be given to different sources of data? What level of evidence do you need?
• Introducing, maintaining and reviewing control measures to eliminate (or minimise) psychosocial risks. What should you consider and how have schools responded?
• Updating policies to meet your obligations and expectations regarding psycho-social hazards

Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)

10.15    Break

10.45    Performance Management, Psychosocial Hazards and Claims – 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, psychosocial hazards obligations and workers compensation claims
• Outlining other potential claims by staff in response to performance management – discrimination, bullying, adverse action
• 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
  • communicating to the staff member that their job is at risk
• 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 and prove unsatisfactory performance
  • manage processes to avoid claims, including regarding breach of psychosocial hazards laws
  • optimise your position regarding claims by the staff member, including obtaining and assessing the evidence you need to succeed
  • avoid the staff member de-railing performance management processes

Steven Troeth, Partner, Gadens

11.45    Reportable Conduct Investigations Update: Implementing Best Practice and Navigating Grey Areas, Obligations to Staff, Regulator Expectations, Drafting Allegations, Evidence & Interviews

Overview of Current Obligations

• Outlining current obligations regarding reportable conduct

Exploring Grey Areas

• 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

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 the Staff Member

• 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
• Examining rights and obligations where the staff member is exonerated

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- Where Have Schools Come Unstuck?

• Learnings from school experiences and implementing best practice

Melissa Scadden, Managing Partner, Justitia

12.45    Chairperson’s Remarks

12.50    Lunch

1.40      Chairperson’s Remarks

Jenny Williams, Principal, Firbank Grammar

1.45      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, including reviewing the implications of the recent prohibition order issued by SafeWork NSW on UTS

Redeployment and Recently Expanded Obligations

• Outlining current obligations regarding redeployment
• Examining how wording in employment contracts can affect a school’s options with redeployment
• Understanding obligations to:
  • consider changes to how a school uses its workforce to create a redeployment opportunity, even if no vacancy currently exists
  • create 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

Alishia Prpich, Partner, MinterEllison

2.55      Afternoon tea

3.10      Effectively Initiating, Negotiating and Documenting Staff Exits, Including of Long-Standing Staff

• Reviewing the advantages and disadvantages of negotiated staff exits
• Examining key factors to weigh up in determining when and how to negotiate
• Exploring considerations in exiting long-standing staff
• Understanding the differences in negotiations involving executive and non-executive staff
• Managing circumstances to obtain a negotiated exit:
  • exploring performance and conduct processes that support a negotiated exit
  • how and when to have a without prejudice conversation
  • examining options where the employee does not engage or “take the hint”.  
• Documenting staff exits – key issues to consider
• Including and enforcing non-disparagement and confidentiality clauses

Nick Duggal, Partner, Moray & Agnew Lawyers

4.10      Chairperson’s Remarks

4.15      Event Close

14 May 2026 – Student Issues Day

8.45      LawSense Welcome

8.50      Chairperson’s Remarks

Natalie Charles, Principal, St Catherine’s School

8.55      Social Media and Bullying Updates and Students Targeting Staff Online

Bullying Update: Navigating Recent Cases, Rapid Review, Bullying on Social Media, Obligations Beyond the School Gate, Dissatisfied Parents, AVOs Between Students

Applicable Laws and Government Anti-Bullying Rapid Review

• Outlining relevant laws applying to student bullying
• Examining the implications of the Anti-Bullying Rapid Review
• Examining obligations in identifying bullying, including grey areas such as social exclusion

School Obligations Beyond the School “Gate”

• Reviewing recent cases and implications regarding a school’s duty to address bullying beyond the school gate – how has this been extended?

Navigating Particular Challenges with Online Bullying

• Navigating particular challenges in dealing with online bullying, including determining the extent of your duties for conduct outside school hours, or conduct involving students outside the school

Supervision/Monitoring of Online Activity, Including Student Activity Outside School Hours

• Exploring the boundaries of a school’s duty of care in monitoring student online activity, including outside school hours
• Using monitoring software on student managed devices:
  • what can you legally monitor and ensuring you have adequate consent
  • to what extent should you have human monitoring/ escalation to humans?
  • what is your legal exposure for an incident where a greater degree or availability of human monitoring could have prevented harm?
  • what are your responsibilities to act where the information you collect indicates a student may be at risk, including when the information arrives outside school hours

Managing Challenges in Proving Bullying Conduct

• Managing Challenges in investigating and proving bullying conduct, including searches of student devices and files and interviewing students

Parent Demands or Dissatisfaction with School Response

• Dealing with parents seeking to dictate consequences for the perpetrator of bullying, including parents providing reports from psychologists or other professionals

AVOs Between Students

• Managing AVOs between students as a result of bullying allegations

Dealing With Students Targeting Staff Online

• Outlining the applicable laws and obligations where students target staff online, including:
  • potential offences by the student and reporting to police
  • obligations to staff, including psychosocial hazards
  • navigating circumstances where it is not an offence, but potential bullying or breach of school values

Student Social Media Update: Navigating Social Media Age Limits and Learnings from School Experiences

• Examining the new laws regarding age limits on social media use, including examining exceptions
• Exploring the implications of the new laws for schools:
  • exploring impacts on the duty of care
  • what action should you take if you suspect students are using social media in breach of the age limit?
  • do the changes provide further rights or expectations for the school to search student devices or monitor social media use
• Learnings from school experiences to date
• Updating school polices to deal with the changes in social media laws

Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools of Australia (AHISA)

10.25    Break

10.50    Disability and Behaviour: Navigating Reasonable Adjustments, Support Plans, Risk Assessments, Suspensions and Expulsions

Current Legal Framework and Understanding What is “Reasonable”

• Exploring the range of disabilities encountered by schools impacting student behaviour
• Outlining the current laws affecting disability discrimination in schools
• Exploring circumstances where you can impute disability

Proposed Reforms – Disability Discrimination Act 1992

• Outlining notable proposed changes to the Disability Discrimination Act 1992 (Cth) and potential impacts on student disability and behaviour, including changes to definitions of discrimination, burden of proof and application to discipline and suspensions

Information You Should Collect to Assess and Determine Reasonable Adjustments

• Exploring optimum information collection – what information should you seek of whom
• Dealing with reports from external professionals provided by the parents or advocates. When should you obtain your own professional evidence?

Extent of Consultation Required

• Understanding the extent of your obligations to consult with parents, other stakeholders and advocates. What information should be communicated to parents?

Rights of the School to Determine Adjustments Versus Experts

• Understanding the rights and responsibilities of the school versus health experts to determine what the student requires to meet the diagnosis or disability

Risk Assessments

• Exploring best practice in developing risk assessments, including, when they are required, exploring how extensive assessments should be and who should be involved

Support Plans / Reasonable Adjustments Case Studies

• Learning from case studies and examples:
  • how should schools approach determining the limits of reasonable adjustments required in each circumstance, including:
    • balancing impacts on other students and staff
    • managing experts: responding to experts, briefing, and managing school experts
    • determining unjustifiable hardship
  • Dealing with parents who refuse to accept or cooperate regarding impacts of the student’s behaviour on staff or other students
  • Documenting steps and decision making regarding reasonable adjustments to ensure compliance and optimise your legal position

Discipline, Suspensions and Expulsions

• Outlining and balancing key laws applying to suspensions and expulsions of a student with a behavioural disability, including:
  • student rights and procedural fairness, including Human Rights legislation
  • obligations to staff, including WHS and other obligations
• School discipline examples and case studies:
  • managing ongoing discipline of a student with behavioural disability issues
  • navigating suspensions
  • expulsions – key considerations and navigating pitfalls
• Effectively documenting steps, communications, and decisions regarding expulsions to protect your legal position

Steven Troeth, Partner, Gadens

11.50    Student Harmful Sexualised Behaviours: Navigating Allegations of Sexual Assault Between Students, Including Historical Claims, and Responding to Sexting and Deep Fakes

Duties Regarding Sexualised Behaviours and Claims

• Exploring aged appropriate behaviours and legal definitions for sexual offences
• Outlining your obligations in dealing with allegations of harmful sexualised behaviours between students

Extent of The School’s Duties

• Examining the obligations of the school where an alleged incident:
  • occurred outside school hours or activities
  • involves students from other schools
  • involves students who are 18 or over

Examining When Reporting Obligations to Agencies and Police Are Triggered

• Evaluating when legal obligations to report and notify police are triggered
• What steps should be taken where there are only rumours or suspicions?
• Understanding the obligations and options of the school where the alleged victim does not wish the matter to be disclosed, investigated or reported or is not cooperative

Navigating Privacy Considerations

• Dealing with requests from students not to inform their parents
• Examining potential legal risks where the school counsellor is involved with both students

• Understanding the extent to which you can disclose allegations or investigations to staff

• Balancing privacy obligations with your duties to other students and parents

Dealing with Police

• Understanding rights and obligations in Police interviewing students or staff or police requesting your records or other information

Communicating with the Alleged Perpetrator, Survivor/Victim and School Community

• Understanding how communications between the school and parties can and has been used in evidence
• Communicating in a way that is supportive, but considers the legal position of the parties involved, including the school

Investigating Suspicions or Allegations

• Understanding when an investigation is required and the extent of any investigation
• Examining the potential limits on a school investigating while other agencies, such as police are involved
• Understanding the potential role of legal privilege
• Obtaining evidence from students – navigating rights and obligations and dealing with hearsay

Particular Issues with Historical Claims

• Examining particular challenges in responding and investigating where claims are made some time after students have left the school or the relevant staff are no longer at the school

Sexting and Deep Fakes-Applicable Laws and Obligations

• Reviewing the legal frameworks for young offenders with online offences including sexting, “sextortion” and deep fakes
• Examining the obligations of the school where staff are the subject of deep fakes

Responding to Deep Fakes and Sexting

• Understanding legal restrictions on the school copying, storing or sharing the offending explicit material, including deep fakes
• Exploring how schools should respond to material affecting students and teachers including:
  • preservation of the images and collecting evidence
  • reporting to agencies such as the eSafety Commissioner or police, including what information should be provided
  • understanding the extent to which the school should conduct its own investigation
  • obligations in managing wellbeing/psychosocial impacts

• Calibrating disciplinary responses by the school where police determine to take no action

Adam Foster, Partner, Colin Biggers and Paisley Lawyers

12.50    Chairperson’s Remarks

12.55    Lunch

1.40      Chairperson’s Remarks

Nikki Kirkup, Principal, The Knox School

1.45      Conflict Between Parents

Understanding and Interpreting Family Court Orders, Rights and Obligations Where There Are No Court Orders and Navigating Subpoenas and IVO’s

Rights and Obligations Where there are No Court Orders

• Understanding parent rights and responsibilities where there are no court orders or any written agreement/arrangement

Understanding and Interpreting Court Orders

• Outlining how Family Court Orders can dictate:
  • the obligations of parents, including consequences of non- compliance
  • school obligations
• Understanding and interpreting Family Court Orders and parenting agreements including:
  • Interim Orders
  • Final Orders
  • the difference between Family Court Orders and Parenting Plans
  • orders regarding parental responsibility and living with/spending time with one parent or the other
  • responsibility for day-to-day and longer-term decision regarding the child
• Learning from examples of different Court Orders and Parenting Plans

Recent Law Changes Regarding Objecting to Subpoenas

• Understanding the new option to object to a family court subpoena based on “protected confidences” and how it may be used by schools

Challenges – Consent to Counselling, Information Requests by a Parent, Student Wishes

Providing Information to One Parent or the Other

• Examining factors dictating what information can be provided to or withheld from a parent
• Navigating circumstances where one parent agrees to counselling, but asks that you do not inform the other parent
• Understanding the role of the students wishes/consent:
  • when should student consent be sought in releasing information to parents
  • when do student wishes about parent information access override parent requests
  • understanding how student wishes should be documented where information is going to withheld from one parent or another

School Obligations – Providing Information to Non-Parents

• Understanding rights and obligations in providing information to:
  • step-parents or grandparents; should you pass on messages to the student from grandparents?
  • lawyers for the parent or Independent Children’s Lawyer
  • family professionals providing reports, including Family Report Writers

Consent to Counselling

• Navigating circumstances where:
  • one parent agrees to student school counselling but the other does not
  • the parents do not agree to counselling but you assess that the student needs it

Pick-Ups, Drop-Offs and Student Wishes Contrary to Court Orders

• Navigating circumstances where:
  • a parent is seeking to pick up their child from school contrary to Court orders
  • the student does not want to go with or stay with one parent despite Court orders

Liability for Fees

• Clarifying respective parent obligations to pay school fees after separation

Family Domestic Violence Orders

Navigating Domestic Violence Orders and Obligations Where You Suspect Domestic Violence / Coercive Control

• Examining common orders made in Intervention Orders in the context of parent relationship breakdown
• Do they override other orders, such as interim Family Court orders?
• What steps should you take to ensure that the Intervention Order is current? Are you entitled to ask for a copy of the orders?
• Understanding your obligations where you suspect domestic violence or coercive control – what evidence do you require before escalating/reporting?

Eve Bignell, General Counsel, Xavier College

3.00      Break

3.15      Case Studies and Panel: Responding Effectively to “Vexatious” Parents “Bullying” Staff and Learnings from School Experiences Regarding Difficult Parents, Including What Polices and Training Schools Have Implemented

Vexatious Parents, Parents Bullying Staff, Complaints to Regulators

• Exploring the sort of parent conduct that can be considered “vexatious” or “bullying” of staff
• Understanding the applicable laws, including contracts, duty of care and new laws on managing psychosocial hazards to staff in schools
• Examining how the new laws on psychosocial hazards affect assessment and management of vexatious or bullying parents
• Dealing with vexatious complaints to regulators by parents, including responding to the regulator and managing your obligations o the staff member
• Understanding when and how you can implement more robust options:
  • restricting or limiting communication with the parent
  • restricting the parent from involvement in school activities
  • banning a parent from a school
  • terminating the enrolment of the student because of parent conduct
• Examining the school’s obligations in practice to students and staff

Principals Panel: Learning from Practical Experiences, Including Strategies Used to Prevent Escalation, Knowing When to Push Back and Training and Policies Schools Have Implemented:

The panel will discuss how they have dealt with a range of issues, what legal options have been relied on and what strategies and policies their schools are using. Aspects covered include:

• approach to dealing with complaints or issues, including the extent to which classroom teachers should deal with parents before management intervenes
• parents not listening and blaming staff such that the student cannot be properly supported by the school
• dealing with parents making vexatious “weaponized” complaints, including to regulators, about staff
• parents demanding information such as CCTV footage or other data relating to student incidents
• parents on social media, including parents posting school correspondence to them on social media
• what staff training/induction and policies schools have implemented and why

Cecelia Irvine-So, Practice Leader, Corporate Advisory and Education, Moores

Chrissy Gamble, Principal, Kingswood College

Mark Murphy, Principal, Whitefriars College

4.30      Chairperson’s Remarks

4.35      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.
	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.
	Melissa Scadden advises employers on the full gamut of employment law matters. She has a particular interest in assisting clients to take a proactive approach to building workplaces where people can thrive, rather than just mitigating risks when problems arise. Melissa has experience working with large private sector clients across various industries including education, local and state government, statutory authorities, healthcare, professional services and labour hire.
	As Firbank Grammar’s 10th Principal, Ms Jenny Williams is a passionate and dedicated leader. In her 23rd year of Principalship, she has worked in three different countries and led four schools in NSW, New Zealand and Victoria, in both coeducational and single sex environments. Whilst each school has unique characteristics and culture Jenny has found that what is common across them all is the capacity and desire of children to learn and the fundamental importance of high impact teaching
	Alishia Prpich has a broad employment and discrimination practice, with experience in a range of industries. Whilst her practice covers both litigious and non-litigious work, she has significant litigation expertise, and routinely conducts employment and discrimination litigation in a range of jurisdictions. Alishia routinely acts for and advises a number of schools and governing authorities on various education-specific and child safety matters, including reportable conduct matters. Alishia is able to provide her clients in the education sector with holistic advice on responding to a range of sensitive child-related matters.
	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.
	Natalie Charles is Principal St Catherine’s School. Natalie was previously Principal of Mentone Girls’ Grammar, spending the last five years leading a culture of excellence, focusing on educational research, staff development, student empowerment and innovation. Prior to leading Mentone Girls’ Grammar, Natalie held positions of Head of Senior School at Carey Baptist Grammar School, and Director of Staff at Melbourne Grammar School. She was also the Head of Melbourne Grammar’s Indigenous Program for more than ten years and currently sits as a member of the Melbourne Grammar School Council.
	Adam Foster advises on policy and contract preparation and interpretation, unfair dismissals, terminations, workplace investigations, general protections disputes, enterprise bargaining and underpayment reviews. He offers experience across a range of industries including faith-based enterprise, education, manufacturing, construction and health.
	Nikki Kirkup is the Principal of The Knox School in Melbourne; an ELC – Year 12 co-educational independent school in Melbourne’s South-Eastern suburbs. With over 20 years of experience, Nikki, originally from the UK, has amassed a wealth of experience in the field of education having held significant leadership roles in schools in Switzerland, the UK and Australia.
	Eve Bignell is a specialist education lawyer, with experience in providing practical and strategic legal advice to schools across all areas of law impacting interactions with students, families, staff and regulators. Starting her career in business roles in the defence and aerospace sector, Eve worked as a junior lawyer in private law firms practicing medical negligence, discrimination, employment and insurance law. Eve then moved to government law at the Victorian Government Solicitor’s Office, practicing primarily in employment law and human rights, before specializing in education law. Eve was an in-house lawyer at the Department of Education for 12 years.
	Cecelia Irvine-So is accredited as a specialist in Business Law by the Law Institute of Victoria. Cecelia works for a significant number of independent schools regarding joint ventures, corporate compliance, enrolment terms, and privacy compliance, including the new mandatory data breach reporting regime. Cecelia believes in best achieving change and compliance by drawing on the powerful values of each school.
	With almost 30 years of experience in independent schools across Australia, Chrissy Gamble has taught and led from Kindergarten through to Year 12. Her career spans classroom teaching, governance, advocacy, funding programs, strategic planning, and curriculum development. Chrissy holds a Master of Education from Murdoch University and a Bachelor of Arts (Education) from Curtin University. Her Master’s research focused on gifted and talented students and the role accelerated learning plays in supporting their development
	Mark Murphy has been an educator in Catholic Schools for over 36 years. The last 25 of which have been spent exclusively in Catholic boys’ educational settings. During this time, he has held positions of leadership in several schools in student wellbeing, Teaching and Learning and faith leadership. Mark was Principal at Marcellin College Bulleen for 11 year and was appointed to the position of Principal at Whitefriars College Donvale in 2020.

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