Legal Issues for Psychologists
Designed specifically with psychologists in mind, this program will help you steer a safe course through the legal issues that can affect your practice. Receive a step-by-step guide on employment contracts and learn how to differentiate an employee from a contractor. Unravel the law around children including what is confidential vs reportable therapy. Understand consent when a child’s parents are divorced or separated, and learn how to respond to subpoenas, interpret court reports & witnessing. WEB2211N11Z
Description
Attend and earn 4 CPD hours
This program is applicable to practitioners from all States & Territories
Chair: Dr Lil Vrklevski, Principal Clinical Psychologist, Director Psychology (Allied Health) and Professional Senior Psychology (Mental Health), Sydney Local Health District; Clinical Associate Professor, Australian Catholic University; Conjoint Lecturer, UNSW; Adjunct Fellow, Macquarie University; UoW; Clinical Associate, Sydney University; UTS
Session 1
Employee vs Contractor: Contract. Superannuation & Workers Compensation
1.00pm to 2.00pm Employee vs Contractor: Contract, Superannuation & Workers Compensation
- Employee vs Contractor: a discussion using court decisions
- Elements of a valid employment contract: Award coverage, set off clauses
- Elements of a valid contractor agreement: when a contractor can be found to be an employee?
- Sham Contracting: Penalties under the Fair Work Act 2009 (Cth)
- Restraints of Trade: When will a restraint be reasonable?
- Superannuation and Workers Compensation Cover payments: who pays a contractor’s superannuation and workers compensation cover?
Presented by Peter Hindeleh, Senior Solicitor, Stevens & Associates Lawyers; Recommended Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide 2022
Session 2
Children & Minors Consent, Warring Parents, Protecting the Therapist
2.00pm to 2.45pm Law Around Children Not Being Compelled to Provide a View
- How that might look in a report process
- How to deal with pressure from either parent regarding what a child has told their therapist
- Confidential vs reportable therapy
- How to ensure the child’s therapeutic relationship is protected and questions
Presented by Fiona Reid, Managing Director, Reid Family Lawyers; Accredited Specialist in Family Law; Recommended Parenting & Children’s Matters Lawyer and Recommended Family & Divorce Lawyer, Doyle’s Guide 2022
2.45pm to 3.00pm Break
3.00pm to 3.45pm Navigating Consent Issues of Minors and Children
Consent issues pursuant to an Order for Equal Shared Parental Responsibility vs the presumption pursuant to 61C and Gillick Competence
- Mature minors
- Consent issues, challenges when parents are separated/divorced) especially when there are allegations of violence
- Challenges with parents and separation
- Consent for person under 18 years when parent is not present
- Gillick competency, note taking ethics
- Children
- Age of child, their rights and choice of psychologist to deal with parental conflict
- Do best interests of child prevail? How can psychologists protect themselves in this situation?
- Legality around children counselling rights
- Parents not consenting and how to protect the therapist
Presented by Carly Mirza-Price, Partner, Mills Oakley; Accredited Specialist in Family Law; Leading Parenting & Children’s Matters Lawyer and Recommended Family & Divorce Lawyer, Doyle’s Guide 2022
Session 3
Subpoenas, Reports, Note Taking and Witnessing
3.45pm to 4.30pm Subpoenas: Your Questions Answered
- I have been contacted to ask for my address for a subpoena that is going to be issued; should I tell them, or can I refuse to?
- What is a subpoena? Can you show me one?
- Why is a subpoena being used?
- How can I make sure the subpoena is properly issued and served; what do these words even mean?
- What if the subpoena is unclear?
- What if I need more time to produce the material?
- Why have they given me money? What is conduct money and can I ask for more money than I have been provided with?
- Whose consent do I need before I comply with the subpoena?
- Do I have to comply with the subpoena? I don’t want to comply, what can I do? Objecting to provide the information requested in the subpoena
- How do I comply with the subpoena?
- What happens to the information I provide under a Subpoena?
Presented by Melanie Rubin, Principal - Family Law, Barry Nilsson Lawyers; Accredited Specialist in Family Law; Preeminent Parenting & Children’s Matters Lawyer and Recommended Family & Divorce Lawyer, Doyle’s Guide 2022
4.30pm to 5.15pm Court Reports and Witnessing
- Role of the treating clinician vs forensic expert
- Early information gathering including purpose of your engagement
- Role of therapist of the child vs role of therapist appointed by parents
- Working with a child caught in a custody battle
- Corresponding with solicitors and Independent Children’s Lawyer
- Permission, confidentiality and waring parents
- Scope of your practice and expertise
- Dealing with conflicting parents
- Subpoena, the role of the therapist: production of documents. giving evidence, objections
- Note taking and keeping good records
Presented by Tijana Petkovic, Director, Blanchfield Nicholls Family & Private Advisory
Presenters
Dr Lil Vrklevski
Assoc. Prof. Lil Vrklevski B.A (Hons);LLB; MClinPsych; MBA; Dip.Grad.Research; PhD; MAPS; FCCLP; MACPA; GAICD is the Principal Clinical Psychologist and Director of Psychology, Sydney Local Health District. Lil has over 30 years’ experience in law and clinical psychology. She has worked clinically in the areas of sexual violence and mental health. Lil is particularly interested in the relationship between the legal and mental health systems as well as the impact of trauma work on professionals. Her research has been in the areas of vicarious trauma, root cause analysis, professional identity and professional roles as well as the role of allied health in public mental health services. Lil developed the Vicarious Trauma Scale (VTS), a brief screening instrument for VT. Lil is a reviewer on Traumatology, The Journal of Patient Safety, International Journal of Psychiatry in Clinical Practice, Australasian Psychiatry, Psychiatry, Psychology & Law and is Deputy Chair of the CRGH Human Research Ethics Committee and sits on the NSW Psychology Board. Lil is a Clinical Associate Professor with ACU, clinical associate with the Departments of Psychology at USyd, UTS, WSU, Adjunct Fellow with MQ, UoW, lecturer at COPP and adjunct lecturer UNSW and casual academic with The Australian Institute of Health Service Management (AIHSM) UTAS. She sits on the Industry Advisory Boards with The Schools of Psychology at ACU, UNSW, USyd, and UTS as well as the Academic Board of COPP. Lil is co-chair of the ACI Violence Abuse and Neglect Executive Committee. Lil is a thesis examiner with ACU and MQ Universities and clinically supervises provisionally registered psychologists and clinical psychology registrars from a number of universities as well as lecturing on law and ethics for psychologists.
Peter Hindeleh
Peter largely focuses on employment law, specialising in the interpretation and application of modern Awards, and the Fair Work Act 2009 (Cth). Peter prides himself on providing expert and practical advice to employers and proactively preventing legal problems from arising. He plays a critical role in the provision of legal services for employees, employers, and independent contractors. Peter has a particular interest in unfair dismissal matters, Award compliance, and supporting employees and employers alike in discrimination matters. One of his specialties is with assisting employers to understand how the Modern Awards apply to their business, and what they can do to ensure compliance and best practice. A topic of particular importance to employers with the increasing prosecution of wage underpayment matters targeted by the Fair Work Ombudsman.
Fiona Reid
Fiona has many years' experience in all facets of family law practice including property and parenting matters, relocation, child support issues, spouse maintenance and de facto property and is a Doyle's recommended family lawyer. Fiona has practiced exclusively in the Family Law Jurisdiction since 1999. She sits on the panel of Independent Children's Lawyers and is an active participant in training and educating other lawyers. Fiona's primary area of expertise is complex parenting matters. Fiona is an experienced mediator and has completed a Master of Laws (Applied Law) majoring in Family Law and is a Graduate Fellow of the College of Law. Fiona is a member of the Family Law Section of the Law Council of Australia. Fiona is also on the board of the Northern Beaches Women's Shelter.
Carly Mirza-Price
Carly is a Partner in the Mills Oakley Family Law team in Sydney. She has twelve years of experience working exclusively in the area of family law. Carly has a sound expertise in a range of matters including property settlements (both married and de facto), involving complex financial and corporate structures and third-party issues, parenting matters (domestic and internationally), binding financial agreements, child support, divorce and collaborative family law. Carly also has experience in family provision matters.
Melanie Rubin
Melanie is an NSW Law Society Accredited Family Law Specialist, Collaborative Lawyer and AIFLAM Accredited Mediator. She specialises in matters involving complex property/financial settlements (involving corporate entities and trusts), parenting/children’s matters, child support, spouse maintenance for married and de facto partners, and divorce.
Tijana Petkovic
Tijana has practiced exclusively in family law for over 13 years and has experience in a variety of parenting and property matters, including acting for parties with significant asset pools, matters involving complex business structures, spousal maintenance claims, child abuse and child sexual abuse matters, overseas relocation, as well as representing third parties who have been joined to family law litigation. Tijana has a special interest and expertise in complex financial matters and matters with international elements including where jurisdiction is in dispute, assets are held across other jurisdictions, where a parent wants to relocate with the child overseas and matters pursuant to the Hague Child Abduction Convention. Tijana regularly appears in the Federal Circuit and Family Court of Australia as well as the Supreme Court and is a confident litigator.