School Law: Disability, Sports, LGBTIQ+, Sexual Misconduct and Enrolment Contracts

With a crackdown on school sporting injuries, increasing pressure to prevent student on student sexual assault, recent recommendations from the Disability Royal Commission, a changing approach to LGBTIQIA+ students and an influx of enrolment contract disputes, don’t miss your chance to get across a diverse range of legal challenges affecting Australian schools in this unique series tailor made for educators. Get the insights and strategies needed to remain vigilant in a changing education system.

Description

Teachers attending the entire series earn 5 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 5 CPD units in Substantive Law

This program is applicable to practitioners from all States & Territories

If you register for the full series as a live online product after the date of an individual session, you will be sent the recording for the sessions that have passed. Alternatively, you can register for individual sessions by following the links below.

What Schools Should Know About the Recommendations of the Disability Royal Commission

Wednesday, 8 May 2024

What do the latest recommendations under The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) mean for your school? Consider the latest recommendations, how these might be implemented in your school and the potential impact. Delve into the latest guidance and envision how these directives could be integrated within your educational institution.

Description

Teachers attending this session earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
Lawyers attending this session earn 1 CPD unit in Substantive Law

Chair

Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm What Schools Should Know About the Recommendations of the Disability Royal Commission


The Royal Commission into Violence Abuse, Neglect and Exploitation of People with Disability (Disability Royal Commission) has now released its final report and recommendations. It is anticipated that this will lead to policy changes and law reform in the education sector. Learn what the key recommendations of the Final Report are and understand what this means for children and young people with disabilities in schools. In particular, you will examine:

  • Enrolments
  • Reasonable adjustments
  • Understanding behaviors of concern
  • How best to respond to complaints and manage reviews and appeals
  • Governance and oversight

 

Receive practical tips and solutions such as drafting policies and procedures, so that your school can be proactive and collaborate with students and their families to achieve the best possible education outcomes.
Presented by Rebecca Haynes, Senior Lawyer, Legal Academic at Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

Presenters

Rebecca Haynes, Senior Lawyer and Casual Legal Academic, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Rebecca Haynes is a Senior Lawyer and Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection.

Dr. Steven Middleton, Principal, Berwick Grammar School
Dr Steven Middleton is currently the Associate Principal of St Margaret’s Berwick Grammar, a independent school in Melbourne’s outer south east. Over the past two decades Dr Middleton has worked in a variety of leadership roles in various independent School’s in both Sydney and Melbourne including The King’s School, Knox Grammar School and Carey Grammar. Dr Middleton has a passion for school culture, teacher and student growth and high performance in various contexts. His Doctoral Thesis from The University of Melbourne focused on leadership and character education for adolescents. Steve has written and presented extensively on issues of school culture, strategic leadership, student well-being and achievement in recent years. He is also beginning a Juris Doctor degree due to his interest in educational legal matters.

 

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School Sport Legal Issues

Wednesday, 22 May 2024

Who is responsible? With schools being called to review reporting and recovery after student concussions it’s now more important than ever to take a look at exactly where your duty lays when it comes to school sports injuries. Breakdown exactly what is ‘personal injury’, the criteria for establishing claims, and discover the potential compensation and damages which might be awarded if a student was successful in proving negligence. As schools face increased scrutiny, prioritise compliance. 

Description

Teachers attending this session earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
Lawyers attending this session earn 1 CPD unit in Substantive Law

Chair

Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm School Sport Issues

 

  • Personal Injury overview: what is personal injury?
  • Overview of concussion guidelines for junior community sport
  • Who can claim compensation or damages for personal injury when it comes to school sports injuries?
  • What do you need to establish to claim compensation or damages?
  • If I am successful in establishing negligence, what compensation/damages may a student receive?
  • Case summaries of Court decisions on sporting and recreational activities

Presented by Mahen Manokarathas, Special Counsel, Carroll & O’Dea Lawyers; Accredited Specialist in Personal Injury

Presenters

Dr. Steven Middleton, Principal, Berwick Grammar School
Dr Steven Middleton is currently the Associate Principal of St Margaret’s Berwick Grammar, a independent school in Melbourne’s outer south east. Over the past two decades Dr Middleton has worked in a variety of leadership roles in various independent School’s in both Sydney and Melbourne including The King’s School, Knox Grammar School and Carey Grammar. Dr Middleton has a passion for school culture, teacher and student growth and high performance in various contexts. His Doctoral Thesis from The University of Melbourne focused on leadership and character education for adolescents. Steve has written and presented extensively on issues of school culture, strategic leadership, student well-being and achievement in recent years. He is also beginning a Juris Doctor degree due to his interest in educational legal matters.

Mahen Manokarathas, Special Counsel, Carroll & O’Dea Lawyers
With over 10 years’ experience helping clients resolve difficult and complex compensation claims, Mahen Manokarathas prides himself on being compassionate and attentive in his dealings with his clients to achieve fair, equitable and timely outcomes. Mahen has also acted for Defendant’s and Self-Insured clients; allowing him to bring that unique understanding and perspective to each of his client’s claims whereby he understands what his injured clients seek but also understands how Defendant’s and Insurer’s operate. He specialises in complex workers compensation, third party liability, public liability and motor vehicle accident claims. Mahen’s practice also includes work for Defendant’s. Mahen has been recognised by the Law Society of NSW as an Accredited Specialist in Personal Injury.

 

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How Watertight is your School Enrolment Contract?

Wednesday, 5 June 2024

How watertight is your school enrolment contract? In disputes like unpaid fees, the enrolment contract serves as the cornerstone of any recovery action. It's paramount that these contracts clearly outline the relationship between your school, the student and their guardians. Equally crucial is ensuring that contract terms comply with Australian consumer laws to avoid legal pitfalls. Attend and gain insight into crafting robust and legally sound enrolment contracts that protect both schools and families. 

Description

Teachers attending this session earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
Lawyers attending this session earn 1 CPD unit in Substantive Law

1.00pm to 2.00pm How Watertight is your School Enrolment Contract?

 

  • As parents become more willing to take legal action against schools, it is critically important that schools identify legal risks by ensuring terms of enrolment contracts are consistent with the law and cater for the broad range of issues that arise in the student relationship
  • The enrolment contract between the school and parents is a legally binding document
  • In the event of disputes, such as unpaid fees, teacher/student misconduct, expulsion or allegations of breach of duty of care, the enrolment contract will be the basis for many of the rights and responsibilities of the respective parties
  • However, it is surprising how outdated and unsophisticated many of these documents can be

Presented by Alexandra Terrill, Managing Associate, Dentons

Presenters

Alexandra Terrill, Managing Associate, Dentons
Alexandra Terrill is a Managing Associate in the Employment and Safety team in the Melbourne office. Alexandra has considerable experience providing practical and tailored solutions in relation to various workplace law matters across the full range of employment and post-employment matters. She advises clients across various industries, including retail, education, security, labour hire and aged care. Alexandra has worked on some of the most significant industrial relations cases of the past decade. For example, between 2016-2017, she instructed Counsel on behalf of the Australian Retailers Association in the penalty rates reduction case in the Fair Work Commission, which reduced penalty rates in modern awards in the retail and hospitality industries. This was one of the most significant cases in retail industry history in Australia. She also worked on a major High Court matter on behalf of Boral against the CFMEU which involved contempt of court and secondary boycotts, ultimately resulting in a successful High Court judgment for the client.

 

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Legal Issues in Dealing with LGBTIQ+ Students: Duty of Care, Discrimination and Privacy

Wednesday, 19 June 2024

With legal frameworks constantly changing, are you across your current duty of care requirements when dealing with LGBTIQA+ students? Join us for an informative session as you breakdown crucial legal considerations in schools, including protections offered to students under discrimination and privacy laws. With the Australian Law Reform Commission's review of religious protections, understand the implications on your school’s policies and practices. Walk away with practical tips to implement legal requirements seamlessly into everyday school operations, fostering safe, equitable, and inclusive educational settings for all students.

Description

Teachers attending this session earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
Lawyers attending this session earn 1 CPD unit in Substantive Law

Chair

Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar

1.00pm to 2.00pm Legal Issues in Dealing with LGBTIQ Students: Duty of Care, Discrimination and Privacy

 

  • What is your duty of care and how far does it extend?
  • What protections are LGBTIQ students afforded under the law in relation to discrimination?
  • How should you handle privacy concerns?
  • Recent legal developments affecting schools such as the Australian Law Reform Commission review of religious protections
  • Practical tips

Presented by Adam Foster, Partner, Colin Biggers & Paisley Lawyers 

Presenters

Adam Foster, Partner, Colin Biggers & Paisley Lawyers
A partner in the employment and safety team since 2023, Adam advises his clients on best practice workplace policies and frameworks in employment and industrial relations law. Adam helps his clients navigate the changes and issues that arise as employment and industrial relations laws change to ensure they have policies in place and are compliant from a regulatory perspective. When problems or disputes arise, Adam's clients value his calm manner and strategic approach. Adam is a 'workplace problem solver', and enjoys helping his clients find solutions to help improve workplace relationships to the benefit of the business and its employees. Adam advises on policy and contract preparation and development, unfair dismissals, terminations, workplace investigations, general protections disputes, enterprise bargaining, modern slavery compliance, underpayment reviews and disputes to clients in industries including education, health, construction, manufacturing, professional services and the not for profit sector.

Dr. Steven Middleton, Principal, Berwick Grammar School
Dr Steven Middleton is currently the Associate Principal of St Margaret’s Berwick Grammar, a independent school in Melbourne’s outer south east. Over the past two decades Dr Middleton has worked in a variety of leadership roles in various independent School’s in both Sydney and Melbourne including The King’s School, Knox Grammar School and Carey Grammar. Dr Middleton has a passion for school culture, teacher and student growth and high performance in various contexts. His Doctoral Thesis from The University of Melbourne focused on leadership and character education for adolescents. Steve has written and presented extensively on issues of school culture, strategic leadership, student well-being and achievement in recent years. He is also beginning a Juris Doctor degree due to his interest in educational legal matters.

 

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Navigating Harmful Sexualised Behaviours and Allegations Between Students

Wednesday, 3 July 2024

Following on from Chanel Contos’ Teach Us Consent campaign and consent education being made mandatory in schools across Australia, schools are under the microscope when it comes to their response to allegations of harmful sexual behaviours. Demanding a nuanced understanding of culture, power dynamics, and legal frameworks, gain insight into how your school can navigate these sensitive issues with empathy, integrity, and legal clarity. 

Chair

Craig Petersen, President, NSW Secondary Principals’ Council Inc

1.00pm to 2.00pm Navigating Harmful Sexualised Behaviours and Allegations Between Students

 

  • Royal Commission into Institutional Responses to Child Sexual Abuse: findings and recommendations
  • Department guidelines: what staff need to know and what staff need to do
  • A look at some case studies: how the law responds

Presented by Katrina Stouppos, Senior Associate, Shine Lawyers 

Description

Teachers attending this session earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
Lawyers attending this session earn 1 CPD unit in Substantive Law

Presenters

Mr Craig Petersen, President, NSW Secondary Principal's Council
Craig Petersen is President of the NSW Secondary Principals’ Council, the professional association representing approximately 500 principals of NSW Government Schools with secondary enrolments. Craig is the Principal of Denison College of Secondary Education, a multi-campus secondary college in the regional centre of Bathurst. He was previously Principal, Forbes High School. Under his leadership, both schools have been recipients of multiple awards, including the prestigious Director-General’s and Secretary’s Awards for School Achievement. Craig served on the Board of the NSW Education Standards Authority from 2017-19 and chaired the NESA Research and Technical Advisory Committee. Craig has delivered presentations at major conferences, including the Secondary Principals’ Council Annual Conference (Bathurst, Australia, 2014), Alberta Rural Education Symposium (Alberta, Canada, 2014), the International Confederation of Principals’ Conference (Helsinki, Finland, 2015, Capetown, South Africa, 2017 and Shanghai, China, 2019), NSW Rural & Remote Education Conference (Bathurst, Australia, 2016), Ignite the Spark Fuel the Fire: Leading Differentiation (Sydney, Australia, 2016), Rural and Remote School Excellence Journey (2018) and NSW English Teachers’ Association “Perspectives on Writing: From Theory to Practice” (2021). In 2014, Craig received both the Department of Education Educational Leadership Fellowship, and the NSW Secondary Principals’ Council’s Academy Research Fellowship to support his research into improving outcomes for students from disadvantaged backgrounds.

Katrina Stouppos, Senior Associate, Shine Lawyers
Katrina is a Senior Associate with extensive experience in niche areas of compensation law who since 2017 has been helping clients to secure the acknowledgement, justice and compensation they deserve. Katrina’s primary focus is abuse law claims, where she empowers survivors of abuse to understand their rights and navigate the complex legal system. In addition to Abuse Law, Katrina is also experienced in Commonwealth Compensation Law – a complex and highly technical legal area. With only a small group of dedicated Commonwealth Compensation lawyers across Australia, Katrina has forged strong relationships with key national stakeholders which has enabled her to obtain the best outcomes for her clients. Katrina has substantial litigation experience in the Administrative Appeals Tribunal and some Federal Court work.

 

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WEB245N23

School Law: Disability, Sports, LGBTIQ+, Sexual Misconduct and Enrolment Contracts

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Wednesday, 08 May 2024,
Wednesday, 22 May 2024,
Wednesday, 05 June 2024,
Wednesday, 19 June 2024,
Wednesday, 03 July 2024
CPD Points 5
$610.00
$610.00
Online 20240722

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