Health and Safety in Schools: The Key Legal Issues

Explore the many workplace health and safety risks, rights and obligations that all schools need to know in this comprehensive examination of health and safety laws. Stay on top of the increased requirements that employers and “officers” must implement to ensure the health and safety of people in their care. You will also understand the various legal aspects and rulings around mental health, contractors, sexual harassment, psychosocial hazards and health hazards that can be found in schools.

Tuesday, 14 March 2023
10.00am to 11.00am Identifying, Assessing and Controlling Workplace Health and Safety Risks at School
  • Have you assessed all your risks arising from the school undertaking?
  • How far does the school undertaking reach in a WHS context?
  • Establishing adequate controls to manage the mental health risk of students and staff
  • Meeting the requirements of the Work Health and Safety Act and the related regulations
  • Responding to the NSW psychosocial risks regulation
  • Implementing the psychosocial hazards at work code of practice

Presented by Greg McCann, Partner, Colin Biggers & Paisley; Best Lawyers 2022, Leading Occupational Health and Safety Law

12.15pm to 1.15pm WHS Governance and Consultation in Schools
  • WHS obligations on school Councils and governance models
  • Duties to consult on WHS with school employees
  • WHS obligations to volunteers
  • Training for compliance

Presented by Chris Molnar, Partner, Kennedys; Recommended Lawyer for ‘Dispute Resolution Litigation (Australia)’ The Legal 500 Asia Pacific 2021

Chair:

Dr Steven Middleton, Principal, Berwick Grammar School

11.15am to 12.15pm Preventing & Responding to Sexual Harassment in the School Workplace
  • Overview of key recommendations in the Respect@Work Report
  • The various roles in sexual harassment cases including perpetrators, bystander, victims, complainants and investigators
  • The spectrum of interventions
  • The duty of care in sexual harassment claims
  • Practical leadership actions that build a prevention of sexual harassment culture in your school

Presented by Julie Kneebone, Special Counsel and Elyse Galvin, Associate, Sparke Helmore Lawyers

9.00am to 10.00am Understanding Workplace Health and Safety for Schools
  • Overview of WHS obligations for schools and individual school leaders
  • Emerging issues:
    • Mental health
    • Managing contractors and maintenance
    • COVID and the new normal

Presented by Darien Nagle, Barrister, HB Higgins Chambers

Description

Attend and earn 4 CPD units in Substantive Law
This program is based on NSW legislation

11.00am to 11.15am Morning Tea

Presenters


Chris Molnar, Partner, Kennedys
Chris Molnar is a workplace relations partner at Kennedys. He has practised in the area of workplace relations for over 25 years. He has extensive experience and knowledge in industrial relations, employment law, occupational health and safety, and discrimination. Chris is accredited as a specialist in Workplace Relations by the Law Institute of Victoria (LIV). He was the recipient of the prestigious President’s Award in 2009 from the Law Institute of Victoria for his contribution to the specialisation scheme. In 2016 he was awarded the LIV Rogers Legal Writing Award for the best contribution in 2015 to the Law Institute Journal. Chris has acted for individuals, corporations and public sector agencies in a wide range of areas including: enterprise bargaining including strategy, communications with employees and negotiations with unions; drafting individual and collective industrial agreements; employment contracts, restraint clauses, protection of intellectual property, performance management and remuneration systems; termination of employment including unfair and wrongful dismissals; industrial disputes including proceedings in the Australian Industrial Relations Commission, Fair Work Australia, Fair Work Commission and the Federal Court; award variations; the industrial relations and employment law implications of business restructuring, mergers and acquisitions; discrimination and sexual harassment; and occupational health and safety including advice on employer or occupier duties, corporate and managerial responsibility, incident management and prosecutions. Chris is a Fellow of the Australian Institute of Company Directors. He is a former Chairman of the Workplace Relations Specialisation Committee and Past Chairman of the Workplace Relations Section of the Law Institute of Victoria, which is responsible for co-ordinating activities of workplace relations lawyers in Victoria such as educational programs, research and recommendations for law reform. He is a member of the Specialisation Board of the Law institute of Victoria. Chris obtained his Bachelor of Laws from Monash University. He also holds a Master of Laws degree from Monash University and a Master of Business Administration degree from the University of Melbourne. He is listed in Doyle's Guide for 2016 and 2017 as one of Melbourne's leading Employment and Industrial Relations lawyers. He is a Recommended Lawyer for 'Dispute Resolution: Litigation (Australia)' in The Legal 500 Asia Pacific 2021.


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.


Darien Nagle, Barrister, HB Higgins Chambers
Darien Nagle was called to Bar in 2007. Prior to his call he was the Associate to Justice Anna Backman in the Industrial Court of NSW from 2005 until 2007. Darien prosecutes and defends WHS matters including being involved in the long running Hunter Quarries matters. He appears in disciplinary proceedings and coronial proceedings for police officers and members of the Public Service Association. Darien also appeared in the Banking Royal Commission, Trade Union Royal Commission and several long running ICAC matters.


Greg McCann, Partner, Colin Biggers & Paisley
Greg McCann is a partner of Colin Biggers & Paisley and leads our national workplace relations and work health and safety teams. Greg has many years' experience in private practice in Melbourne, Sydney and Perth, working for national corporations in a wide range of industries including transport, mining, retail, labour hire and oil and gas. Greg is an expert in work health and safety with over 18 years' experience. He has acted in numerous WHS cases and has assisted many corporations with strategic safety advice, including advice and seminars to directors and officers on their WHS responsibilities. Greg has successfully acted for a number of corporations seeking to obtain return to work orders or to impose employment restraints on departing members of staff. He has considerable experience representing employers in claims of unfair dismissal and harassment and discrimination complaints. His work extends to advising corporations on the creation and implementation of appropriate workplace behaviour policies and procedures. Greg advises and assists many executives of national corporations in implementing due diligence obligations under the WHS laws and driving safety improvements in business operations. Greg was listed in Best Lawyers in Australia 2016 for occupational health and safety law. Greg joined the legal practice in 2013.


Julie Kneebone, Special Counsel, Sparke Helmore Lawyers
Julie helps employers to implement time-critical, practical solutions to address their workplace issues. She has seen matters through to state and federal courts and commissions. Julie draws on her legal and industry knowledge to advise and represent employers in all areas of employment law, including legislative and award/agreement compliance, terminations, workplace investigations, bullying and harassment, industrial disputes, performance management, discrimination and breach of contract matters. She helps employers to obtain apprehended personal violence orders for aggressive customer and in workplace incidents.


Elyse Galvin, Associate, Sparke Helmore Lawyers
Elyse is an employment lawyer who assists public and private sector clients in all aspects of employment law. Elyse’s employment law experience includes assisting in conducting workplace investigations, and advising on legislative compliance, litigation, drafting contracts and contractual disputes, unfair dismissal claims, general protections claims, workplace relations and discrimination. Elyse recently completed a secondment as an in-house counsel with a large corporate employer.

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Health and Safety in Schools: The Key Legal Issues

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Single Session
Tuesday, 14 March 2023
9.00am to 1.15pm Australia/Sydney
CPD Points 4
4
$505.00
Online 20240504 20230314

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