School Law Series
WEB212N03: It is vital that you, as a school leader have a comprehensive knowledge of the many legal obligations that school leaders are required to understand and implement. In one neat package, this School Law Series will provide you with 10 hours of indispensable legal information about dangerous recreational activities, cyber security copyright, enrolment contracts, conflict resolution strategies to ward off litigation, plus a masterclass in contemporary workplace law.
Description
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.
BOOK THE COMPLETE SCHOOL LAW SERIES WITH THE SCHOOL LAW FOR NEW AND ASPIRING SCHOOL LEADERS AND THE SCHOOL LAW: THE NEW WORKPLACE HEALTH AND SAFETY LAWS IN WA (FOR WA ONLY) FOR JUST $1495
To do so, call us on (02) 9387 8133 or email info@legalwiseseminars.com.au
Session 1
School Law: Current Legal Issues
Thursday, 25 February 2021, 9.00am - 1.20pm (AEDT)
Gain guidance from our legal experts on some key legal issues your school needs to grapple with on a regular basis including current concerns regarding enrolments contracts, cyber security, dangerous recreational activities and protecting copyright in educational materials.
Chair: Deanne Fishburn, Director, Queensland College of Teachers
9.00am to 10.00am Dangerous Recreational Activities: How to Navigate the Legislation and Place Your School in the Best Position to Minimise the Risks
- Identifying dangerous recreational activities at your school
- What the Courts tell you about
- your obligations to protect students
- the extent of your financial exposure if the court decides you have not met your obligations
- Practical tips to implement at your school
Presented by Jack Fairweather, Senior Associate, McInnes Wilson Lawyers
10.00am to 11.00am Protecting School Data: Managing Current Challenges
- Collecting and disclosing COVID-related data
- Best practice in data breach response
- Photos, biometrics and consent
Presented by Veronica Scott, Director, KPMG
11.00am to 11.15am Break for Morning Tea
11.10am to 12.10pm Enrolment Contracts in a COVID-19 Normal Era
- Managing risks during contract formation: the pre-contractual application process
- Identifying the contracting parties; when is it appropriate to contract with students
- Key terms/conditions of enrolment
- Dealing with separated families
- Dealing with breaches including improper behaviour, discipline, parent misconduct and failure to pay
Presented by Alistair Macpherson, Managing Director, Corney & Lind Lawyers
12.10pm to 1.10pm Cyber Security and Schools
- School’s responsibilities to parents and students
- Liability of schools for the actions and omissions of teaching and non-teaching staff under civil and criminal law
- Liability of schools for the actions of students under civil and criminal law
- What lies ahead?
Presented by John Butler, Principal, Butler Lawyers and Notaries
For Teachers:
Attend and earn 4 Professional Development Hours (NSW)
Completing this conference will contribute 3 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
Attend and earn 4 CPD points (QLD, WA, SA)
Attending this conference will contribute 3 hours of CPD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining teacher registration
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
Attend and earn 4 hours of PD (VIC)
Attending this conference will contribute 4 hours of PD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining
Proficient Teacher registration in Victoria.
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
For Lawyers:
Attend and earn 4 CPD units in Substantive Law
Register here for Session 1 only
Session 2
Conflict Resolution to Reduce Legal Risk: Pathways to Peace in Schools
Wednesday, 17 March 2021, 10.00am - 12.00pm (AEDT)
10.00am to 12.00pm INTERACTIVE PANEL DISCUSSION: Peace Strategies for Schools
When conflict occurs at your school you don’t want it to lead to litigation. This interactive panel Q & A will immerse you in peace building strategies that help ward off staff, parents and students heading to the courts. Join experienced legal practitioner and mediator, Kay Feeney and leading restorative justice practitioners Margaret Thorsborne and Jennifer Lawless in this unique opportunity to participate in a multidisciplinary learning experience.
Panel includes:
Kay Feeney, Director, Feeney Family Law
Margaret Thorsborne, Managing Director, Margaret Thorsborne & Associates
Jennifer Lawless, Behaviour Support Consultant, Queensland Department of Education
For Teachers:
Attend and earn 2 Professional Development Hours (NSW)
Completing this conference will contribute 3 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
Attend and earn 2 CPD points (QLD, WA, SA)
Attending this conference will contribute 3 hours of CPD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining teacher registration
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
Attend and earn 2 hours of PD (VIC)
Attending this conference will contribute 4 hours of PD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining
Proficient Teacher registration in Victoria.
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
For Lawyers:
Attend and earn 2 CPD units in Substantive Law
Register here for Session 2 only
Session 3
School Law: Workplace Law Masterclass
Wednesday, 31 March 2021, 9.00am - 1.10pm (AEDT)
Explore the many workplace legal risks, rights and obligations of schools in this comprehensive examination of employment laws all school need to know and understand.
Chair Dr Steve Middleton, Principal, Berwick Grammar School
9.00am to 10.00am Termination without Tears: How to Dismiss Difficult Staff and Defend Claims
- The cultural importance of ensuring schools monitor and act upon inappropriate behaviours in schools
- Best practice tips to reduce legal claims arising from the dismissal of teachers and general staff in schools
- Common mistakes that trip up schools during dismissal and discipline processes that often result in litigation
- The value of Codes of Conduct in enforcing acceptable standards of behaviour
- Legal tips and strategies to manage litigation when teachers or general staff sue the school
Presented by Paul O'Halloran, Partner, Colin Biggers & Paisley
10.00am to 11.00am What Your School Can Learn from How Courts Deal with General Protection Claims
- Managing employees to avoid general protections claims
- How to successfully defend general protections claims
- What constitutes a "workplace right" and "adverse action" in the school context?
- Dealing with the reverse onus
- What penalties and damages could a school be exposed to?
Presented by Michaela Moloney, Partner, K&L Gates
11.00am to 11.10am Break for Morning Tea
11.10am to 12.10pm Effectively Responding to Employee Complaints of Sexual Harassment, Discrimination and Workplace Bullying
- When is it necessary to investigate a workplace complaint?
- What does the law and best practice require for the conduct of an effective workplace investigation?
- How have the pandemic, #metoo and Black Lives Matter impacted workplace complaints and the conduct of investigations?
- What are the key issues that schools, in particular, should be aware of?
Presented by Georgina Alexandrou, Special Counsel, Corrs Chambers Westgarth
12.10pm to 1.10pm Managing the Employment Risks in Restructure in a COVID-19 Normal Era
As we adopt new technologies and working arrangements during and post Covid 19, we need to manage workplace restructuring. Both teaching and non-teaching staff are being asked to utilise new technologies, change hours of work and roster patterns, work from home and change duties. Some will no longer be required as demands drop and others will be in high demand for specialised skills. Schools should be constantly assessing whether their workforce meets the current needs. Restructuring will present challenges such as:
- changing hours of work in a way that complies with enterprise agreements, awards and contracts
- implementing redundancies
- redistributing duties and workloads
- award and agreement obligations to consult when introducing major workplace changes such as new technology
- providing training and upskilling
Presented by Leanne Nickels, Partner, DLA Piper
For Teachers:
Attend and earn 4 Professional Development Hours (NSW)
Completing this conference will contribute 3 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
Attend and earn 4 CPD points (QLD, WA, SA)
Attending this conference will contribute 3 hours of CPD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining teacher registration
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
Attend and earn 4 hours of PD (VIC)
Attending this conference will contribute 4 hours of PD addressing the standards as listed from the Australian Professional Standards for Teachers towards maintaining
Proficient Teacher registration in Victoria.
7.2 Comply with legislative, administrative and organisational requirements: understand the implications of, and comply with, relevant legislative, administrative, organisational and professional requirements, policies and processes.
For Lawyers:
Attend and earn 4 CPD units in Substantive Law
Register here for Session 3 only
Presenters
Deanne Fishburn
With a successful professional background as a teacher and public servant, Deanne Fishburn is a leader with national influence in teacher regulation and a personal understanding of teachers’ work and child safety. Deanne joined the Professional Standards Unit of the QCT in 2007 and during that time led the implementation of national reforms across Queensland related to Initial Teacher Education and Professional Standards. She has a passion for innovation and fostering the capability of individual staff members, committing to continuous professional development for herself and others. Deanne became the Director of the Queensland College of Teachers in May 2019.
Jack Fairweather
Jack Fairweather acts primarily for insurance clients in public and product liability, professional indemnity and subrogated recovery matters. He provides comprehensive advice on a range of indemnity, liability, quantum and evidence issues. jack is a meticulous solicitor who has a strong understanding of the insurance industry. Jack has a particular interest in technical litigation and claims arising out of construction incidents, hotels and licensed premises, schools, sporting associations, transportation and associated indemnity implications. Jack is currently acting for a number of schools and educational institutions.
Alistair Macpherson
Alistair Macpherson is the Managing Director of Corney & Lind Lawyers, where he focuses on legal issues affecting schools, non-profit entities and other corporate clients. Prior to working in private practice, Alistair was employed as an in-house solicitor with a number of government organisations (including the Australian Federal Police), advising across the various areas of law relevant to government enterprise. He has also worked as a criminal prosecutor with the ACT DPP and the Queensland DPP. Alistair is the Vice Chair of the Board of Queensland Baptists which, through its care arm, is responsible for over 800 staff delivering services through retirement villages, aged care, schools, hostels, and other charitable activities.
Veronica Scott
Veronica is a Director in KPMG Law. Veronica is highly experienced in advising government and private sector clients on complex and sensitive legal issues and risks relating to privacy, data, digital content and technology, media & communications laws. Her work include use of surveillance devices and drones, big data projects, the application of GDPR, credit reporting, marketing campaigns, research projects and clinical trials, managing social media risks and cross border data flows. Veronica is Treasurer of the Melbourne Press Club and a member of the Australian Law Council’s Privacy and Media & Communications Committees.
John Butler
John Butler has worked in the law for more than 50 years. John is currently the Principal of Butlers, Lawyers & Notaries, based in Nedlands, Western Australia. The majority of John's practice is in the areas of Family Law, Business Planning, Wills & Estate Planning, claims on Estates, Guardianship & Administration and Elder Law. John has been involved with government and independent schools for over 40 years, including serving on the governing bodies of several independent schools over that period. John holds a Commission in the Australian Army and is on the Reserve of Officers. John is also an active member of the Rotary Club of Matilda Bay.
Kay Feeney
Kay Feeney is the Director of Feeney Family Law and has been a highly regarded member of the family law community for years. Kay is a Queensland Law Society Accredited Family Law Specialist and a Nationally Accredited Mediator. Prior to being admitted to the legal profession in 1985, Kay was a teacher and continues her commitment to the education of others by frequently writing papers and giving presentations on family law issues. Kay is a member of the Family Law Practitioners Association, the Family Law Section of the Family Law Council of Australia and the President of Queensland Collaborative Law, as well as a proud sponsor of the QUT Feeney Family Law Prize in Dispute Resolution and the QUT Learning Potential Fund which assists students to access University.
Margaret Thorsborne
Margaret Thorsborne is an Australian and international pioneer of RJ in schools and workplaces, facilitating the first formal restorative processes to deal with serious cases of bullying and violence in schools in 1994. She is the Managing Director of Transformative Justice Australia (Qld) and Thorsborne and Associates, UK. She has a background in teaching and counseling, the management of trauma, conflict resolution and organizational change. She has written and co-written a series of manuals and books about restorative processes and its implementation in schools and workplaces, and works extensively across Australia, New Zealand, Asia, UK, USA and Canada. She has offices in Australia and the UK. Her website is www.thorsborne.com.au Follow her on Twitter @ThorsborneMarg, LinkedIn and on Facebook: Margaret Thorsborne and Associates.
Jennifer Lawless
Dr Steve Middleton
Dr Steven Middleton is currently the Head of Berwick Grammar School, an emerging independent school for boys 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, Carey Baptist Grammar, Brighton Grammar and Haileybury College. Dr Middleton has a passion for student growth and development, 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.
Paul O'Halloran
Paul is a partner in the Employment and Safety team at Colin Biggers & Paisley and an Accredited Specialist in Workplace Relations. He helps resolve complex matters in the workplace, with a particular focus on corporate and institutional culture, child safety and protection, serious misconduct, employee misdeeds and reputational risk. Paul has particular expertise in the education sector, advising independent non-government schools, governing bodies, religious orders, denominations and child care providers on contemporary employment and education law issues involving staff, students and parents. His recent experience includes: defending non-government Catholic schools in the Federal Court and Fair Work Commission in relation to numerous high-profile departures of teachers; defending the third largest labour hire company in the world on one of the largest employment law class actions in Australia involving hundreds of casual employees; advising a non-government school on its child safety framework, employee relations strategy and contemporary school governance practices following high-profile media scrutiny; advising Boral in a landmark case against the CFMEU in a successful appeal to the High Court of Australia (in one of the decades most significant industrial relations cases against a union). Paul played a critical role in State and Federal judicial and court administration for a 10 year period while working at the Supreme Court of Victoria and Federal Magistrates Court of Australia, where he worked with two Chief Justices. He also held an executive position at the Family Court of Australia where he was responsible for overall delivery of registry services to the judiciary and self-represented litigants as well as the management and supervision of 60 registry staff. Paul has a Master of Laws (University of Melbourne), Bachelor of Laws (Hons) (Macquarie University) and Advanced Diploma (Business) (RMIT University). He is also an Accredited Specialist in Workplace Relations (Law Institute of Victoria). Paul was admitted to practice in 2008. Paul joined Colin Biggers & Paisley in 2017.
Michaela Moloney
Michaela Moloney has over 15 years expertise acting in all aspects of employment, industrial and discrimination law matters. A key part of her practice includes providing litigation support for public sector organisations. This has included defending claims on behalf of the Department of Education. Michaela conducts workplace investigations and has also assisted a number of clients manage outsourced investigations. Michaela also provides advice in relation to performance management, disciplinary issues, managing ill and injured workers, enterprise bargaining and termination of employment for a number of government departments, agencies and public sector bodies. Michaela manages a large litigation practice and has developed significant expertise in quickly identify key legal issues in dispute, working with key stakeholders to determine an appropriate litigation strategy and where matters are unable to resolve, determining an approach to proceedings to ensure that they can be run in a cost effective manner and taking into account organisational objectives.. Michaela has successfully defended a number of large employment claims unfair dismissal, discrimination, general protections and breach of contract in the state courts and the Federal Circuit Court of Australia and Federal Court of Australia. Michaela is particularly highly regarded by clients for her ability to think outside the square taking a practical and proactive approach in seeking to achieve a favourable and early resolution of matters. In addition, Michaela is a mediator and is able to facilitate mediations in all areas of employment and industrial law including bullying, discrimination and sexual harassment. For over 10 years Michaela has been a director on the Board of a secondary college and has chaired the Board for the past 3 years giving her significant insights into issues currently facing secondary schools.
Georgina Alexandrou
Georgina is an accomplished legal practitioner with 20 years top-tier domestic and international experience in human resources, workplace relations and discrimination law. Georgina is a senior leader in the Brisbane team of Leading Employment Law Firm, Corrs Chambers Westgarth. Georgina works across a wide range of industries, including education, mining and energy, integrated services, retail, manufacturing, medical and finance. Georgina advises clients on all aspects of the employment relationship, including the interpretation and application of employment contracts, industrial instruments including modern awards and enterprise agreements, workplace policies, and employment legislation. A significant part of Georgina’s practice relates to her expertise in workplace investigations. She regularly manages and conducts workplace investigation for her clients, particularly relating to allegations of sexual harassment, discrimination and workplace bullying. Georgina practiced law for six years in the US, where she worked for leading Australian and US law firms. She is admitted as a solicitor of the High Court of Australia and the Supreme Court of Queensland. Georgina is a member of the Queensland Law Society and the Industrial Relations Society of Queensland and holds a Master of Laws.
Leanne Nickels
Leanne Nickels is an employment law practitioner with over 20 years' experience assisting clients in, managing workforce challenges, achieving compliance with workplace laws and resolving workplace, conflict at the individual and collective level. Leanne is experienced across a broad spectrum of workplace issues including workplace dispute resolution, legislative and award compliance, managing disciplinary processes, privacy, contract preparation, enterprise bargaining and investigations. As an advocate, Leanne has appeared in the Fair Work Commission, the Federal Court of Australia and Federal Circuit Court, the District Court of Western Australia, and the Supreme Courts of Western Australia and New South Wales. Leanne is frequently requested to present at seminars and conferences and is a well-regarded speaker on workplace issues and employment law best practice. Since 2014, Leanne has been recognised as a 'Best Lawyer' for employment law by the Australian Financial Review and she is listed as a 'Recommended' employment lawyer by Doyles' guide to the legal profession.