School Law: Your Complete Guide to Policy, Risk, Family and Student Issues

With Schools dealing with an increasing number of thorny legal and regulatory issues, don’t miss your chance to benefit from 6 practical sessions across governance, policy writing framework, risk management, difficult parents, social media, and managing students with disabilities. In an environment where processes, statutes and policy keep you safe, walk away feeling confident handling the unique challenges that working in education brings. 

Thursday, 1 June 2023
Professional Skills
10.50am to 11.35am Gaining Practical Tips for Implementing Risk Management Systems in Your School
  • What is risk management and why is it important?
  • Helpful risk concepts to understand and use
  • Risk management ‘blockers’ and how to overcome them
  • How to write a risk assessment
  • Examples of risk assessments that are done well and those that are not

Presented by Jonathan Oliver, Principal Consultant, Risk and Compliance, Complispace

2.15pm to 2.45pm Students and Social Media: What is the Extent of Your School’s Responsibility?
  • What are the legal consequences of technology misuse in schools?
  • Avoiding misuse of technology by students
  • Appropriately dealing with online incidents
  • Sensitive content and cyber-bullying
  • Online sexual predators and students who initiate these behaviours
  • Social media use outside of school hours: Is there a duty of care?

Presented by Jacquie Seemann, Partner, Thomson Geer 

3.30pm to 4.30pm The Rights of Students with Disability to Access Education: Schools Working Together with Students with Disability and their Families
  • What is disability and how does Australian discrimination law apply to education providers?
  • What can schools do to support students with disability to access education?
    • Participation in courses and programs
    • Access to services and facilities, for example, assessment tasks, school excursions, camps, performances and concerts
  • Practical tips on providing an accessible and inclusive curriculum and general and specialist support (e.g. specialised teachers and interpreters)
  • A summary of the work of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, as it draws to its end, and the implications of this for schools

Presented by Rebecca Haynes, Senior Lawyer, Casual Legal Academic practicing in the areas of Education Law, Human Rights, Disability, Administrative Law and Child Protection

1.15pm to 2.15pm Schools and Aggressive Parents
Tips on how to handle the types of issues that can arise: o Parent vs parent: how do you choose a side? o Parent vs student: bullying or inappropriate behaviour o Parent vs staff member: how to protect staff from abuse o Parent vs school: when allegations are made • What are the school's obligations? Your duty of care, child protection legislation, work, health and safety law and discrimination law • What are your school's rights? Inclosed Lands Protection Act 1901, defamation, criminal offences and AVOs • What are the parents' rights and obligations? General law and the enrolment contract • Guidance for dealing with problematic parents
Session 2: Student and Family Issues

Chair: Brad Swibel, Deputy Head of School, St Andrew’s Cathedral School

9.05am to 9.50am Whistle Blower Protections
  • An overview of the whistleblower legislation including a summary of the main changes to the law
  • How to implement a workplace policy and what it should include
  • Practical tips for training staff on whistleblower protections
  • What to do if a disclosure is made, including conducting an investigation, employer obligations on reporting the misconduct, how to deal with the whistleblower and victimisation

Presented by Jonathon Corlett, Partner, Thomson Geer

9.50am to 10.35am Compliance Policy Writing Frameworks through the Lens of Oyston v St Patrick’s College Campbelltown, 2011

Using the Oyston v St Patrick's College (No 2) [2013] NSWCA 310 bullying case as a lens, you will examine:  

  • What should be included (policies or otherwise)
  • Complaints handling within a compliance framework:
    • The policy
    • The forms
    • The process for submission and response

Presented by Kristen Lopes, Partner, Colin Biggers & Paisley

2.45pm to 3.15pm Defamation and Social Media

Presented by Michael Waterhouse, Mediator and Lawyer, Waterhouse Mediation

Session 1: Governance, Policies and Risk Management

Chair: Amanda Smith, Director of Human Resources, Ravenswood School for Girls

11.35am to 12.20pm Ask the Lawyers: Practical Q&A Break-Out Session

Take advantage of more Q&A time with a panel of legal experts and have your specific questions and concerns addressed.

Panel includes:
Julie Kneebone, Special Counsel, Workplace, Sparke Helmore Lawyers
Jennifer Parkes, Partner, Hicksons Lawyers
Samantha Hayek, Legal Counsel, Sydney Catholic Schools

Description

For Teachers: 
Attend and earn 6 Professional Development Hours (NSW) 
Completing this conference will contribute 6 hours of NSW Education Standards Authority PD addressing 6.2.2 from the Australian Professional Standards for Teachers towards maintaining Proficient Teacher Accreditation in NSW 

For Lawyers: 
Attend and earn 6 CPD units including:
5.5 units in Substantive Law 
0.5 unit in Professional Skills

This program is based on NSW legislation

PLUS! The conference will be directly followed by a Networking Drinks Reception for the in-person delegates.

9.00am to 9.05am Opening Comments by the Chair
10.35am to 10.50am Morning Tea
Final Q&A and Closing Comments by the Chair
3.15pm to 3.30pm Afternoon Tea

Presenters


Mr. Michael Waterhouse, Mediator and Lawyer, Waterhouse Mediation
Michael Waterhouse Michael Waterhouse has unique depth of experience in the NSW public sector with 26 years experience as a lawyer, policy advisor and senior executive. As General Counsel (including its predecessor role) for the NSW Education Department for 19 years, Michael built an incomparable experience in settling legal, commercial, industrial and policy disputes. Which included settling a group action by members of the Aboriginal Stolen Generation in NSW, including providing individual apologies and settlement conferences to several hundred individuals, leading the Education Department’s response to the recommendations of the Royal Commission into Institutional Child Sexual abuse, implementing the Government’s principles for trauma informed approach to survivors of such abuse; Working personally with 100s of individuals who have experienced various forms of trauma and abuse in institutional settings; Settling complex industrial and award negotiations; Negotiating legislation through the NSW parliament.; Negotiating detailed policy agreements and MOUs between NSW government agencies, and non-government organisations, particularly in the human services field and Negotiating difficult disputes about existing agreements between government and other parties. Michael can be contacted through his website https://waterhousemediation.com.au/


Ms. Kristen Lopes, Partner, Colin Biggers & Paisley
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.


Ms. Samantha Hayek, Legal Counsel, Sydney Catholic Schools
Samantha Hayek is Legal Counsel at Sydney Catholic Schools. Sydney Catholic Schools is a system of 149 primary and secondary schools operating across the Catholic Archdiocese of Sydney. Samantha provides advice, legal support and identifies legal exposure and risk in areas such as Privacy, Employment, Discrimination, Personal Injury and contract’s. Samantha has had extensive experience in managing and responding to applications made to the National Redress Scheme and claims of historical child sexual abuse on behalf of Sydney Catholic Schools. Samantha’s experience advocating for people across the criminal, family and care and protection jurisdiction (before her time at Sydney Catholic Schools) has armed her with a unique ability to provide the most effective legal advice for school based inquiries and issues that pertain directly to children and young people and their families. Samantha believes that education at the school level is key to ensuring low legal exposure and has presented educational sessions on legal compliance in areas such as Discrimination and Family Law to Sydney Catholic Schools school based and central office staff.


Mr. Brad Swibel, Deputy Head of School, St Andrew’s Cathedral School
Brad Swibel was appointed as Deputy Head of School at St Andrew’s Cathedral School in 2013. Brad is responsible for academic, wellbeing, policy and staffing for the Middle School (Years 7-9) and Senior College (Years 10-12). Brad works with the senior executive team on vision development, alignment and strategy and is involved in cocurricular, risk management, marketing and budgetary planning. Brad’s aspiration is for every student to be able to reach their personal best and for teachers to be equipped to deliver highest quality teaching and learning programs. The School’s systematic use of data is key to this process by coaching students, developing class learning sprints, identifying intervention needs and recognising achievement of personal bests.


Mr. Jonathon Corlett, Partner, Thomson Geer
Jonathon Corlett has worked in the field of industrial relations since 1996. He has in-depth knowledge of public and private sector employment regulation. Jonathon and his team at Thomson Geer advise on individual and collective employment relationships from recruitment to termination and beyond. His clients operate in a broad range of industries and sectors, and include a large number of true start-ups and international businesses establishing their presence in Australia for the first time. An experienced litigator in employment and industrial relations, he acts in discrimination, unfair dismissal and breach of contract claims; industrial disputes; and prosecutions for breach of industrial and workplace safety laws. He looks for commercial and non-litigious solutions where possible.


Mr. Jonathan Oliver, Principal Consultant, Complispace
Jonathan Oliver has been a lawyer in NSW since 1986 and worked in private practice (initially in general practice, and later a specialist family lawyer) and then in community legal centres. He was more recently a business manager at an independent school in Sydney for 10 years. Now senior consultant with CompliSpace and lead consultant in enterprise risk and compliance.


Ms. Julie Kneebone, Special Counsel, Sparke Helmore Lawyers
Julie draws on her legal and industry knowledge to advise and represent employers in all areas of employment law, including helping employers to implement time-critical, practical solutions to address their workplace issues. Whilst Julie has a passion for litigation, she regularly advises employers, including numerous Schools and their insurers, on issues of legal compliance and risk mitigation across all aspects of the employment relationship and in interactions with stakeholders within the workplace. She regularly conducts workplace investigations and offers training for clients.


Ms. Jennifer Parkes, Partner, Hicksons Lawyers
Jennifer is a litigation lawyer, with over 10 years’ experience, who specialises in workers compensation, education and discrimination matters. She has an extensive experience in preventing and resolving legal issues with a core focus on discrimination in the tertiary education sector. Discrimination complaints are delicate matters which can lead to protracted and often complicated cases and Jennifer’s experience and thorough approach allows her to address matters in the most effective way and provide practical settlement advice to her clients. In most cases, Jennifer is able to negotiate an alternative resolution to the dispute, avoiding the need for litigation and preserving her clients’ reputation while minimising their risk exposure. In addition to her expertise in education. Jennifer has an excellent technical knowledge of the legislative and strategic demands of claims management in discrimination and workers compensation matters. All Hicksons partners and staff are practical, forward-looking people with real-world experience and deep expertise and Jennifer can provide insights on current trends in complaints and, critically, strategic advice on the most appropriate response to issues. Jennifer holds a Bachelor of Economics from the University of Newcastle and a Bachelor of Laws from the University of New England. She began with the firm in 2006 and is admitted to practice in NSW and the High Court of Australia.


Ms. 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.


Ms. Sonya Parsons, Partner, Mills Oakley
Sonya helps charities, not-for-profit organisations and companies resolve their disputes as quickly and easily as possible. She has more than 20 years' experience in a broad range of litigation and dispute resolution, and has been nationally accredited as a mediator. Sonya has particular expertise acting nationally in matters involving claims for historical child abuse. Sonya also acts for non-government schools seeking administrative review of decisions in NCAT, and advising education providers on the Education and Care Services National Law. She has also managed confidential workplace investigations and represented clients at the NSW Independent Commission Against Corruption, and also has a particular interest in matters of workplace fraud and corruption.

236N01

School Law: Your Complete Guide to Policy, Risk, Family and Student Issues

CHOOSE YOUR SESSION AND
DELIVERY MODE BELOW

All Sessions
Thursday, 1 June 2023
9.00am to 4.30pm Australia/Sydney
CPD Points 6
6
$710.00
Face to Face 20240503 20230601

Face to Face

Register
Online 20240503 20230601

Online

Register
On Demand 20240503 20230601

On Demand

Register
Morning Session
Thursday, 1 June 2023
9.00am to 12.20pm Australia/Sydney
CPD Points 3
3
$420.00
Online 20240503 20230601

Online

Register
Face to Face 20240503 20230601

Face to Face

Register
On Demand 20240503 20230601

On Demand

Register
Afternoon Session
Thursday, 1 June 2023
1.15pm to 4.30pm Australia/Sydney
CPD Points 3
3
$420.00
Face to Face 20240503 20230601

Face to Face

Register
Online 20240503 20230601

Online

Register
On Demand 20240503 20230601

On Demand

Register