School Law Series: From the Right to Disconnect, Vexatious Parents, Poor Performers & More

Gain the legal information, updates & strategies you need with a series of the most important topics all tailor made for schools. Explore the breadth of the new ‘right to disconnect’ provisions and how best to balance the needs of your school with legislative requirements. Ensure you understand your duty of care obligations and have firm policies in place when it comes to student activity before and after school hours. Add to your inventory of effective strategies for managing challenging interactions with vexatious and bullying parents and much more. Make it easy & save by registering for the full series or just the sessions that interest you. Watch each session live online or as an on-demand recording.

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.

The Right to Disconnect: Striking the Balance Between Operational Requirements and Minimising Out-of-Hours Contact

Tuesday, 11 February 2025

With the recent introduction of ‘the right to disconnect’ provisions, schools are faced with an increasingly complex set of problems as they seek to balance their operational needs with legislative requirements. Unpack key provisions on how to manage reasonable expectations for out-of-hours work in the context of co-curricular activities, school camps and more. Ensure your policies are up to scratch in this new era of work-life balance.

Description

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


This program is applicable to practitioners from all States & Territories

Chair:

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

1.00pm to 2.00pm The Right to Disconnect: Striking the Balance Between Operational Requirements and Minimising Out-Of-Hours Contact

 

  • Overview of the Fair Work Act 2009 and the new "right to disconnect”
  • Importance of balancing operational needs and teachers' work-life balance
  • Key provisions of the "right to disconnect"
  • Reasonable expectations for out-of-hours work
  • Co-curricular activities and flexibility: the need for teacher availability for camps, sports, and extracurriculars
  • Developing clear policies on notice, compensation, and staffing
  • Communication protocols: guidelines for parent and student communication outside school hours
  • Dispute resolution mechanisms  

Presented by Lucienne Gleeson, Partner – Employment Law, Baker McKenzie

Presenters

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

Lucienne Gleeson, Partner – Employment Law, Baker McKenzie
Lucienne advises on all aspects of employment law. She has appeared in the Federal Court, Federal Circuit Court, Supreme Court, Fair Work Commission and the Australian Human Rights Commission to represent clients in a variety of cases. This has included adverse action, discrimination, breach of contract, unfair dismissal and restraint of trade matters. Lucienne conducts investigations into allegations of employee misconduct and bullying in the workplace. She also presents on key workplace topics including performance management, anti-discrimination, bullying and harassment.

 

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Duty of Care Before and After School Hours

Tuesday, 25 February 2025

Are your current policies sufficient to ensure student safety outside regular school hours? Do you have a clear understanding of your legal obligations when it comes to student supervision? Gain clarity on the duty of care owed to students and when the responsibility transfers from school to parents. Ensure compliance and safety as you accrue practical strategies for managing student supervision and benefit from guidance on developing robust policies that champion safety and minimise liability.

Description

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


This program is applicable to practitioners from all States & Territories

Chair:

Henry Grossek, Principal, Berwick Lodge Primary School

1.00pm to 2.00pm Duty of Care Before and After School Hours

 

  • Overview of the issue: students on school grounds outside of school hours
  • Understanding Duty of Care
  • Clarification of when parents are responsible for their children’s safety
  • Legal obligations and requirements
  • Strategies for schools to manage student supervision before and after school
  • School responsibilities and need for clear policies on student care 

Presented by Kristen Lopes, Partner - Employment and Safety Law, Colin Biggers & Paisley Lawyers

Presenters

Henry Grossek, Principal, Berwick Lodge Primary School
Henry Grossek is the founding principal of Berwick Lodge Primary School, having opened the school in 1990. During his 50-year career with the Victorian Department of Education he has taught in both metropolitan and regional schools and has been a principal for the past 34 years. Henry has also tutored post graduate students at Deakin University in Master of Educational Administration programs. During his career in teaching, he has served on various educational bodies including Regional Boards of Education, chairing several Standing Committees. Under Henry's leadership, Berwick Lodge P.S in 2001 became the first and only government school in Australia to receive ISO 9001 Certification. Henry is the author of 'Game On: Building the Education Revolution', has a regular educational column, 'Grossek's View' in Themes Education magazine, hosts a popular podcast, Viewpoints and weekly current affairs program, 'Viewpoints' on Casey Radio 97.7FM.

Kristen Lopes, Partner - Employment and Safety Law, Colin Biggers & Paisley Lawyers
Kristen Lopes is a partner in the Employment and Safety Team with in excess of 25 years' handling employment litigation in the courts and tribunals. Kristen regularly provides advice to independent schools, universities, TAFES and childcare centres in the state of NSW. Kristen advises on a broad range of matters including interpretation of enterprise agreements, modern award obligations, managing staff and student conduct issues and conducting investigations into staff and student complaints. Kristen regularly acts on behalf of independent schools in proceedings before the courts and tribunals in proceedings involving unfair dismissal applications, general protection claims, discrimination, bullying complaints and underpayment claims. Examples include: responding to a student disability discrimination complaint in the AHRC; defending an independent contractor vs employee claim in the Federal Court; defending general protection claims in the FCAFC arising from dismissals; and defending unfair dismissal and stop bullying applications in the FWC. Kristen also has extensive experience speaking at CBP's internal Education Spotlight seminar series, and external conferences including: School Law conferences, co-ordinated by Television Education Network, LawSense, Legalwise and ANZELA. In May 2010 Kristen received her master of laws degree with first class honours from the University of Sydney specialising in comparative employment law. She obtained the prize in advanced employment law in 2007 and was a finalist in the 2008 McCallum Medal Presentation competition where she presented on workplace bullying. Kristen was called to the bar in Ontario Canada in 1995 and practised employment law as a partner in one of Canada's leading law firms until she relocated to Australia. She was admitted as a solicitor in NSW in 2006.

 

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Comprehensive Strategies for Managing Risks in School Activities

Tuesday, 11 March 2025

Navigating risks in schools can be daunting, but it doesn’t have to be. Equip yourself and your school with the knowledge and tools necessary to undertake effective risk management. You’ll challenge the notion of risk assessment as mere speculation and be guided through practical methods for mitigating both psycho-social and physical risks in your school community. Assess the effectiveness of your risk management efforts and don't leave student and staff safety to chance!

Description

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

This program is applicable to practitioners from all States & Territories

1.00pm to 2.00pm Strategies for Mitigating Risks in Schools

 

  • Review legal obligations and legal requirements to manage risks
  • The risk management process: Whose responsibility is it?
  • Risk assessment: An exercise in speculation?
  • Strategies to mitigate psycho-social risks
  • Strategies to mitigate physical risks
  • Review effectiveness of mitigating risks
  • Intersection of laws: mandatory reporting and mitigating risks 

Presented by Cav. Maria Saraceni, Barrister, Francis Burt Chambers 

Chair:

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

Presenters

Cav. Maria Saraceni​​​​, Barrister, Francis Burt Chambers
Maria Saraceni is a barrister practising in regulatory and compliance law - particularly in workplace relations; employment-related matters and occupational safety and health. She is also an active non-executive director an accomplished public speaker and an Adjunct Professor at Murdoch University.

Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar
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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Risks Associated with Vexatious and Bullying Parents

Tuesday, 25 March 2025

Are vexatious and bullying parents disrupting your school environment? You're not alone. These challenging behaviors- characterised by persistent complaints and aggressive tactics-are becoming more prevalent, creating significant hurdles for educators and administrators. Add to your inventory of effective strategies for managing these challenging interactions and feel confident knowing the legal protections afforded to your school.

Description

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

This program is applicable to practitioners from all States & Territories

Chair:

Henry Grossek, Principal, Berwick Lodge Primary School 

1.00pm to 2.00pm Risks Associated with Vexatious and Bullying Parents

 

  • Psychosocial hazards and physical risks to school staff
  • Exploring the sources of parent complaints to schools within the relevant legal frameworks
  • Identifying and responding to ‘vexatious’ complaints and bullying behaviours
  • Best practice frameworks, policies and procedures for complaint handling
  • Managing communications with parents and negotiating resolutions
  • Facing online criticism and defamatory statements   

Presented by Stephanie McLuckie, Senior Associate, Carroll & O'Dea Lawyers; President, NSW Chapter, ANZELA

Presenters

Henry Grossek, Principal, Berwick Lodge Primary School
Henry Grossek is the founding principal of Berwick Lodge Primary School, having opened the school in 1990. During his 50-year career with the Victorian Department of Education he has taught in both metropolitan and regional schools and has been a principal for the past 34 years. Henry has also tutored post graduate students at Deakin University in Master of Educational Administration programs. During his career in teaching, he has served on various educational bodies including Regional Boards of Education, chairing several Standing Committees. Under Henry's leadership, Berwick Lodge P.S in 2001 became the first and only government school in Australia to receive ISO 9001 Certification. Henry is the author of 'Game On: Building the Education Revolution', has a regular educational column, 'Grossek's View' in Themes Education magazine, hosts a popular podcast, Viewpoints and weekly current affairs program, 'Viewpoints' on Casey Radio 97.7FM.

Stephanie McLuckie, Senior Associate, Carroll & O'Dea Lawyers
Stephanie assists clients in the not-for-profit space, practising in the areas of education law, commercial law and employment law. She acts for many independent schools, not-for-profit organisations and charities across a broad range of matters. Stephanie is particularly experienced in advising her independent and religious school clients regarding related party transactions and compliance with the not-for-profit obligations under the State and Commonwealth Education Acts. She often assists schools with registration matters and dealing with regulators. Stephanie regularly assists with the incorporation and registration of new charities, with a focus on governance matters and meeting compliance obligations. She also has experience in large and small property transactions, transfers of land and business, licences and leasing. As an advocate for the value of higher education, Stephanie worked as a tutor in the Advancement via Individual Determination (AVID) program, which aims to increase access to tertiary education for disadvantaged high school students.

 

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Performance Management of Staff in Teaching Roles

Tuesday, 8 April 2025

In education, managing poor performance can often become the weak link that undermines a school's success. The complexities involved in navigating legal obligations can turn what seems like a straightforward issue into a potential pitfall. Learn to recognise the early signs of performance issues, and how to address them in a fair and legally compliant manner that minimises risk to your school. Leave with actionable tactics to strengthen your school’s performance management processes and have difficult conversations with tact.

Description

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

  
This program is applicable to practitioners from all States & Territories

Chair:

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

1.00pm to 2.00pm Performance Management of Staff in Teaching Roles

 

  • Identifying poor and substandard performance
  • Managing performance issues in a fair and reasonable manner
  • Minimising risk when terminating poor and substandard performers
  • Lessons from recent cases 

Presented by Rochelle Airey, Special Counsel - Workplace Relations and Safety Law, HWL Ebsworth

Presenters

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

Rochelle Airey, Special Counsel - Workplace Relations and Safety Law, HWL Ebsworth
Rochelle Airey is a Special Counsel in the Workplace Relations and Safety team in the Perth office of HWL Ebsworth. Rochelle was admitted to practice in 2009 and, for the past 5 years, has worked primarily in employment law and industrial relations. Rochelle has worked for a range of clients across various sectors, including education, construction, engineering, transport, health, local government and disability services. Prior to being admitted as a lawyer, Rochelle had 18 years of experience as a secondary school teacher, working in metropolitan and regional schools. Rochelle's experience as a classroom teacher and school administrator gives her insight into the particular issues facing the education sector. Rochelle's practice focuses on advising employers about all stages of the employment relationship, including contracts of employment, policies, performance management, redundancies, termination of employment, post-employment restraints and employment litigation.

 

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WEB252N01

School Law Series: From the Right to Disconnect, Vexatious Parents, Poor Performers & More

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DELIVERY MODE BELOW

All Sessions
Tuesday, 11 February 2025,
Tuesday, 25 February 2025,
Tuesday, 11 March 2025,
Tuesday, 25 March 2025,
Tuesday, 08 April 2025
CPD Points 5
$610.00
$427.00
Online 20241203

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On Demand 20241203

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