Implementing Best Practice to Conduct a Defensible Investigation and Optimise Outcomes
| Date | 27 October 2026 |
| Time | 12.00pm-3.45 pm AEDT (Syd/Mel time) |
| Format | Live Online & Recorded. The recording can be viewed until 27 November 2026 |
| Pricing | $440. Prices includes gst. |
| CPD | This PD addresses 7.2.2. of the Standards |
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Program
12.00 LawSense Welcome
12.05 Opening Remarks
Belinda Reid, Head of Human Resources, Trinity Grammar School
12.10 Understanding the Applicable Law, Navigating Psychosocial Hazards Obligations, Framing the Investigation, Drafting Allegations and Effective Investigation Planning and Commencement
- Outlining key applicable laws in school staff investigations, including:
- procedural fairness/natural justice
- psychosocial hazards laws
- privacy, contracts, other relevant laws
- Considering whether a staff member should be stood down
- Assessing whether you should use an internal versus external investigator. If internal, what should you consider in selecting the investigator
- Planning and commencing the investigation, including:
- framing the investigation/drafting allegations
- identifying potential people to interview and evidence to be obtained
- developing an investigation plan
- communications/notices to the staff member
Ben Tallboys, Principal, Russell Kennedy; Legal Counsel, Association of Heads of Independent Schools Australia
1.10 Break
1.20 Navigating Privacy, Interviews, Evidence and Ensuring Procedural Fairness
- Effectively balancing privacy and confidentiality obligations to the staff member with operational requirements and the rights of parents or students, including:
- what you can tell the staff member about witnesses and the sources of evidence
- what information can be provided to other staff members
- what information can be provided to students, parents and the school community
- Gathering and managing evidence:
- examining what evidence you should consider obtaining and understanding the value of different types of evidence:
- hearsay versus “first hand” evidence, independent and corroborative evidence
- documents and records, including online material
- Managing interviews:
- Examining best practice in:
- ensuring your interview approach is trauma informed and culturally sensitive
- formulating questions to ask and evidence you show to a witness
- preparing for the interview
- examining special considerations where interviews with children are involved
- Examining best practice in:
- Dealing with contradictory evidence
- Ensuring procedural fairness
- examining what evidence you should consider obtaining and understanding the value of different types of evidence:
Fiona Manderson, Principal, Aloncaws Mediation & Investigation; Inhouse Counsel, Hillcrest Christian College
2.20 Break
2.30 Implementing Best Practice in Making and Writing Up Findings, Dealing with Staff Claims, and Optimising Note-Taking and Record Keeping
- Making and recording investigation findings, including:
- ensuring you properly state the evidence and assumptions made
- balancing and assessing contradictory evidence
- ensuring your conclusions are reasonably based on the evidence
- exploring best practice in findings report structure and writing
- Outlining claims that staff members can make against you including:
- flawed investigation, including that it did not properly gather or consider the evidence
- bias or discrimination
- lack of procedural fairness/natural justice
- breach of psychosocial hazards laws, bullying and harassment
- Managing and responding to staff claims, including claims made during the course of the investigation
- Understanding how the investigation and its records could be used in other legal proceedings brought by staff
- Avoiding pitfalls – learning from case studies of how investigations and reports have come unstuck
- Implementing effective note-taking and recording keeping to help you defend the investigation process and decision
David Scanlan, Employment Law Practice Lead – WA, Mapien Law; Former, Director, People and culture, St Hilda’s Anglican School for Girls, Perth
3.30 Closing Remarks
3.35 Event Close
Presenters / panelists include:
 | Belinda Reid is the Head of Human Resources at Trinity Grammar School, Sydney. Belinda is passionate about staff wellbeing, performance management, reducing psychosocial injury and improving wellbeing through adapting workplace policies and practices to meet the emerging needs of staff. |
 | 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. |
 | Fiona Manderson has been a practicing solicitor for more than 20 years working in traditional law firms and Legal Aid Queensland before a nearly six-year stint as Head of Compliance, Risk & Legal at Hillcrest Christian College. She has now opened her own business – Aloncaws Mediation & Investigation and is transitioning out of her inhouse role at Hillcrest. |
 | David Scanlan is currently a Senior Employment Lawyer at Mapien Law heading up their WA office, having commenced in September 2025. Prior, David was the Director of People & Culture at St Hilda’s from 2020. In this role he drove the people development, cultural development, talent acquisition and compliance functions of the School. Prior to joining St Hilda’s, David worked in private practice as lawyer. He spent much of his career at international law firm Ashurst in their Perth Employment and Industrial Relations team, starting there as a graduate and leaving as a Senior Associate. |