School Law: Sexual Assault, Consent and Crime
Hear from a senior judge, the police, school leaders and experienced lawyers to understand what you need to know to stop police from having to attend your school and what to do if police do get involved. This is the only conference you need to learn how to respond if staff or students at your school have been involved in criminal conduct and especially if allegations have been made of sexual assault. WEB215N02
Description
For Teachers:
Attend and earn 6 CPD points (QLD, WA, SA)
Attending this conference will contribute 6 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 6 hours of PD (VIC)
Attending this webinar 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 6 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
School Obligations with Students & Staff Involved in Criminal Activity
Chair: Henry Grossek, Principal, Berwick Lodge Primary
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.25am Opening Address: Consent – A Kiss is Not a Contract
Presented by The Honourable Chief Justice Helen Murrell, Chief Justice, ACT Supreme Court
9.25am to 10.10am Criminal Acts: Insights from the Police
- When does an incident reach a criminal threshold?
- The definition of a criminal charge
- When a school should call in the police
Presented by Scott Sutton, Acting Sergeant and Grace Buckley, Senior Constable, Youth Specialist Officer, NW Metro Region – Division 2, Victoria Police
10.10am to 10.55am What to do When Staff are in Trouble with the Law
- Can police interview staff on school premises?
- Situations where it is not appropriate for the interview to take place on school grounds
- What information recorded by your school can police access?
- A School’s rights and responsibility if police want to arrest a staff member at school
Presented by John Laxon, Partner, LaxonLex Lawyers
10.55am to 11.10am Morning Tea
11.10am to 12.00pm What to do When Students are in Trouble with the Law
- The school’s position when theft or armed robberies by minors involves students in your school
- The possession of knives on school grounds
- Steering safe passage through the rough waters of alcohol, drugs and vaping
- Working with a student who is a victim of crime
Presented by Margaret Baker, Principal Legal Officer, (Policy, Compliance and Administrative Law), Legal Services, NSW Department of Education
12.05pm to 12.50pm Online Offences
- What are kids up to these days? Where and how students are engaging online
- Sexting, pornography, bullying and the law: what the law defines as an online offence
- Legal Aid’s crime prevention resources for schools in NSW
Presented by Julianne Elliott, Senior Solicitor, Community Legal Education, Legal Aid NSW
12.50pm to 1.50pm Lunch
Session 2
Schools Responding to Allegations of Sexual Assault
There has been an overwhelming response to Chanel Contos’ sexual assault and consent petition calling for education reforms in the area. The petition led to thousands of testimonies of sexual assault from young women. Recent news reports regarding the handling of sexual assault allegations and poor culture in Federal Parliament raises further pertinent issues for schools and school leaders related to sexual assault.
Join a multi-disciplinary panel of speakers as they explore the legal and related issues that impact how schools should respond to allegations of sexual assault.
- How should a school manage allegations of sexual impropriety against staff, against other students within the school, and against others?
- How does or should culture, power, policies, practices, curriculum and the law determine a school’s response?
- Power, privilege and the vulnerable
- How can the law be used and applied to ensure everyone is confident to voice concerns and complaints?
- Why don’t people speak up?
- How does the law provide protection?
- Applicable legal principles: Practice versus theory?
- Work health and safety, duty of care, discrimination, harassment, and the Fair Work Act
- What is the Impact of allegations on victims, perpetrators, colleagues, friends, public perception, culture, and others?
Facilitated by Jarrad Parker, Executive Counsel, Nine Entertainment Co
Panellists:
Nathan Croot, Principal, EXM Law
Leanne Benson, Treasurer, Australian Psychologists and Counsellors in Schools NSW
Daisy Turnbull, Director of Wellbeing, St Catherine’s School
Detective Sergeant Tanya Byrne-Hickman, NSW Police
Margaret Baker, Principal Legal Officer, (Policy, Compliance and Administrative Law), Legal Services, NSW Department of Education
Presenters
Henry Grossek
Henry Grossek is the founding principal of Berwick Lodge Primary School, having opened the school in 1990. During his 45 year career with the Victorian Department of Education he has taught in over 50 schools and been a principal for the past 28 years. During his career in teaching he has served on various educational bodies including Regional Boards of Education, chairing several Standing Committees. Henry is the author of 'Game On: Building the Education Revolution', has a regular educational column, 'Grossek's View' in Themes Education magazine and hosts a weekly current affairs program, 'Viewpoints' on Casey Radio 97.7FM
The Honourable Chief Justice Helen Murrell
On 28 October 2013, Helen Gay Murrell was sworn in as the first female Chief Justice of the Australian Capital Territory. Her Honour was admitted to practice in 1977 working at the Commonwealth Crown Solicitor's Office and then at Legal Aid NSW. In 1981, Murrell was called to the bar and was appointed senior counsel in 1995. She was appointed a Judge of the District Court of New South Wales and was also an Acting Judge in the Land and Environment Court of New South Wales during this year. She served as President of the NSW Equal Opportunity Tribunal and as Deputy President of the Administrative Decisions Tribunal of New South Wales from 1997 to 1999. In 1998, Her Honour was involved in establishing the Drug Court of New South Wales. She was the first Senior Judge of that court and served until 2003. In 2005, she was appointed the Deputy Chairperson of the New South Wales Medical Tribunal. She was sworn in as the Chief Justice of the Supreme Court of the Australian Capital Territory on 28 October 2013 and is the first woman to have been appointed to that role. She currently also serves on the committee of the National Judicial College of Australia.
Grace Buckley
Grace Buckley is a Senior Constable with Victoria Police, working as a youth specialist officer engaging closely with young people, their families, education providers and the courts. Grace is also part of the Embedded Youth Outreach Project (EYOP), a partnership between Victoria Police and Youth Support and Advocacy Service (YSAS) that pairs a police officer with a youth worker every night. Common issues like disengagement from education means that partnership with other youth specialists are usually part of the interventions, and this includes school leaders and counsellors.
John Laxon
John Laxon is a Sydney lawyer who practices mainly in employment law, crime and commercial litigation. John understands and respects the close correlation between crime and employment law. Be it the merchant banker, with the ASIC investigators waiting in the board room, or the Catholic priest wanting to participate in “Towards Healing” but oblivious to the police wiretap, John sees the full picture, understands the ramifications and can manoeuvre through the risks. As a criminal lawyer (using skills refined as a former Commonwealth white collar prosecutor) John has successfully represented many high-profile accused in large and complex prosecutions, from insider trading and stock market manipulation, to large Customs prosecutions, sex crimes, murder, manslaughter and contempt of court.
Margaret Baker
Margaret Baker is a Principal Legal Officer with the Department of Education and Communities' Legal Services Directorate. She has worked for the Department for over 16 years and has provided legal support and advice to people working in schools, TAFE NSW, State Office and other areas of the Department. This advice ranges from prevention of legal liability and legal risk reduction as well as represented the Department in a range of courts and tribunals. Margaret has made numerous presentations both in-house to staff and at various national and state conferences. In 2013 she was awarded the NSW Law Society's Excellence Award in Government Legal Service.
Jarrad Parker
Jarrad is an Executive Counsel at Nine Entertainment Co, working across TV, print and radio in the areas of media and employment law. Before joining Nine, Jarrad worked for over a decade at top tier global and national law firms. Jarrad is also an experienced presenter and public speaker, and has presented at School Law conferences several times in his areas of practice. Most memorably, Jarrad co-presented a School Law seminar on LGBT+ Issues in schools with his father, Phil Parker, a former primary school Principal and Deputy Principal. He has also previously acted for secondary and tertiary education providers in the area of employment law.
Nathan Croot
Nathan Croot is a solicitor and the Principal of both EXM Law and Jefferson & Shea Legal. Nathan has worked in private practice where he advised both commercial and non-for-profit clients. He has a particular interest in the education sector and has advised non-government schools on a wide range of issues including privacy, school enrolment, child protection, discipline, the relationship with parents and the school’s duty of care. Nathan is also an experienced litigator and investigator. He has represented education clients in a wide range of legal proceedings involving debt collection, contract disputes, employment litigation and property proceedings.
Scott Sutton
Scott Sutton is a Youth Resource Officer with Victoria Police. The role of a Youth Resource Officer is to help and support young people and their families to assist young people keep safe and divert them out of the criminal justice system. The role entails building relationships within the local community, working closely with schools and local support agencies. He is currently running the Aboriginal Cultural Experience (ACE) for young people and their families to learn about their culture and connection to land.