School Law Series 2024
Gain the legal information, updates & strategies you need with a series of the most important topics all tailor made for schools. Make it easy & save by registering for the series or just the sessions that interest you. Watch each one-hour session live online or as an on-demand recording. Explore the breadth of serious incident management, family law issues, students with disabilities & learning needs, discipline, misuse of technology & more. WEB242N24Z
Description
Teachers attending the entire series earn 6 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 6 CPD units in Substantive Law
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.
Session 1
Serious Incident Management: From Notification to Prosecution
Tuesday, 13 February 2024
Is your school’s risk management up to scratch? In the realm of education, ensuring the safety and well-being of students is paramount. Join us as we delve into the crucial aspects of incident management in educational institutions. Understand what your school must have in place and how to manage interactions with concerned families, the media, and other stakeholders. If an incident does occur, ensure your school is prepared. WEB242N24AZ
1.00pm to 2.00pm Serious Incident Management: From Notification to Prosecution
- Incident management: What must a school have in place?
- When is an incident notifiable to the Regulator?
- Incident investigations: preserving the school’s position
- Dealing with third parties: families, media and stakeholders
- What happens if the school is prosecuted for a safety incident?
Presented by Patrick Barry, Barrister, State Chambers
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 1 only
Session 2
Critical Family Law Issues for Schools: Competing Interests
Wednesday, 28 February 2024
1 Student, 2 Parents, 1 Step-Parent, 3 Grandparents, 2 Carers and they're all demanding something different from you: What now? Juggling these competing interests creates complex issues for schools as you try to balance legal obligations, child welfare, and maintaining a safe and supportive educational environment. Receive a comprehensive breakdown of critical family law issues and where your responsibility should lay. WEB242N24BZ
Chair: Henry Grossek, Principal, Berwick Lodge Primary School
1.00pm to 2.00pm Critical Family Law Issues for Schools: Competing Interests
- An overview of context of family law issues and how this can impact a school environment
- How to interpret different Family Law Orders
- The difference between an issued Family court Order and an issued Parenting Plan
- Living life with a Family Court Order
- Separation in the absence of any written documents
- Equal shared parental responsibility compared to sole parental responsibility
- Overview of Intervention Orders (IVOs)
- The obligation for a school to ensure the IVO is observed and followed
- How to report and respond to a breach of an IVO
- The difference between Intervention Orders and Parenting Orders
- The rights and responsibilities of the handling of information:
- To parents
- To the lawyer for a parent
- To an Independent Children’s Lawyer
- To family consultants and family report writers
Presented by Rebecca Dahl, Partner, Nicholes Family Lawyers
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 2 only
Session 3
Students with Disabilities and Additional Learning Needs: Discrimination and Inclusion
Wednesday, 13 March 2024
The responsibility of educators to ensure compliance with anti-discrimination legislation to create a safe and inclusive learning environment is paramount. Gain insights into the delicate art of supporting and disciplining students with additional learning needs – when to adapt the standard code of conduct, consider suspensions, and explore alternative strategies.
Don't miss this opportunity to enhance your inclusive teaching toolkit and support every student's journey to success. WEB243N24CZ
Chair: Dr Steven Middleton, Associate Principal, St Margaret’s Berwick Grammar
1.00pm to 2.00pm Students with Disabilities and Additional Learning Needs: Discrimination and Inclusion
- Working with students with intellectual disabilities
- How to discipline intellectually disabled students: when to offer adjustments to the usual code of conduct, suspensions and unique and novel discipline strategies
- Minding the duty of care owed to other students
- Rights and responsibilities
- Legal obligations: anti-discrimination legislation
Presented by Erin McCarthy, Partner, Piper Alderman; Best Lawyers 2024, Education Law, Human Rights Law, Labour and Employment Law, Occupational Health and Safety Law
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 3 only
Session 4
Student Discipline and Your Schools Duty of Care
Wednesday, 27 March 2024
Can a failure to discipline a student constitute a breach of a school’s duty of care? A school is liable for an injury to a student caused by the failure of a teacher (or the school) to take reasonable care. A school may also be liable where it can be shown that disciplining a student would probably have prevented an injury to another student. Explore student discipline and cases that considered whether failure to discipline a student constituted a breach of the school’s duty of care. WEB243N24DZ
1.00pm to 2.00pm Student Discipline and Your School’s Duty of Care
- Elements of the duty of care: foreseeability, probability, standard of care/breach, causation and damages
- Limits of student discipline: disciplining students for conduct outside school hours and off school premises
- Cases considering bullying and whether a failure to discipline resulted in a school breaching its duty of care
- Disciplining students with disabilities, and balancing the duty of care owed to all students and staff
Presented by Stephanie McLuckie, Associate, Carroll & O'Dea Lawyers; President, NSW Chapter, ANZELA
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 4 only
Session 5
Students' Misuse of Technology to Intimidate or Harass Students, Teachers or the School
Wednesday, 10 April 2023
What happens when a student misuses technology to intimidate or harass students, teachers, or the school? Discover practical strategies to prevent cyberbullying, harassment, and anti-social behavior through social media. Understand your school’s obligations regarding online and out-of-hours conduct, and gain clarity on when and how your school should intervene. WEB244N24EZ
1.00pm to 2.00pm Students' Misuse of Technology to Intimidate or Harass Students, Teachers or the School
- Technology and online misconduct
- Misuse of technology by students and parents and practical steps to avoid it occurring: cyberbullying, harassment, and anti-social activities through social media
- Understanding the obligations of a school for online activity and out of hours conduct
- When the school should get involved: school responsibilities
- Legal obligations: relevant legislation
Presented by Kristen Lopes, Partner, Colin Biggers & Paisley Lawyers
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 5 only
Session 6
Conducting a Valid Workplace Investigation: A Practical Checklist for Schools
Wednesday, 24 April 2024
Failure to properly investigate misconduct allegations or complaints could result in claims for unfair dismissal or adverse action by the employee accused of the wrongdoing – don’t be caught out! Drawing from recent cases, examine the lessons learned when conducting investigations correctly and the potential pitfalls to look out for. Attend and protect your school's workplace integrity. WEB244N24FZ
1.00pm to 2.00pm Conducting a Valid Workplace Investigation: A Practical Checklist for Schools
- Investigation practicalities: Who, when, what and how?
- Legal risks and strategies to avoid claims against you and your school
- What do you do when the employee being investigated goes off work sick
- Closing out the investigation process
- Lessons from recent cases: getting it right vs getting it wrong
Presented by Lucienne Gleeson, Partner, Baker & McKenzie
For Teachers: Attend and earn 1 Professional Development Hour (NSW, VIC) / CPD Point (QLD, WA, SA)
For Lawyers: Attend and earn 1 CPD unit in Substantive Law
Register here for Session 6 only
Presenters
Patrick Barry
Patrick was called to the Bar in 2014 and practices in workplace health and safety law, coronial inquests, and employment law. Patrick has a national practice and appears regularly in courts and tribunals in New South Wales, South Australia, Victoria , Queensland and Western Australia. Patrick's practice focuses principally on defending corporate entities and individuals in workplace safety prosecutions and appearing for employers in a variety of employment law disputes. He has appeared for employers in a range of industries including construction, mining, petroleum and gas, manufacturing, aviation and road transport. Before coming to the bar Patrick was a Senior Associate at Freehills and K & L Gates. Patrick is recognised as among the leading Employment and Workplace Safety Barristers for the State of New South Wales and South Australia in Doyle’s Guide 2017 – 2023. Patrick also holds a Master in Historical Studies from the University of Oxford.
Henry Grossek
Henry Grossek is the founding principal of Berwick Lodge Primary School, having opened the school in 1990. During his 50-year career with the Victorian Department of Education he has taught in both metropolitan and regional schools and has been a principal for the past 34 years. Henry has also tutored post graduate students at Deakin University in Master of Educational Administration programs. During his career in teaching, he has served on various educational bodies including Regional Boards of Education, chairing several Standing Committees. Under Henry's leadership, Berwick Lodge P.S in 2001 became the first and only government school in Australia to receive ISO 9001 Certification. Henry is the author of 'Game On: Building the Education Revolution', has a regular educational column, 'Grossek's View' in Themes Education magazine, hosts a popular podcast, Viewpoints and weekly current affairs program, 'Viewpoints' on Casey Radio 97.7FM.
Rebecca Dahl
Bec is a seasoned family law expert and Partner at Nicholes Family Lawyers. Bec assists clients to achieve outcomes that work (practically, emotionally, financially) - across the full breadth of family law services. Bec is dedicated to: Helping the LGBTQI+ community navigate donor agreements, parenting disputes, property agreements and disputes, donor / surrogacy arrangements; Helping women before and after separation/divorce so they can live the best life they can – and to move onwards and upwards with confidence!; Helping grandparents build and maintain valuable and life changing connections with their grandchildren – wherever they are; Achieving outcomes that contain costs and risk, reduce anxiety and long-term damage; Representing clients on issues across the lifespan of a relationship: from binding financial agreements (BFAs) (or ‘’pre nups’’) to marriage to separation/divorce and spousal maintenance to child support. Bec approaches all her matters with a human, caring approach and with an understanding that reflects the complexity and anxiety that is often associated with family law issues. Clients rely on Bec for her compassionate yet robust approach in looking after their needs. She is trained as a Collaborative Practitioner and works hard to avoid costly and upsetting litigation unless it is needed.
Erin McCarthy
Erin McCarthy is a specialist employment partner based in Adelaide. She has fifteen years' experience in providing advice to employers and employer associations on all aspects of occupational health and safety, employment and industrial relations law as well as delivering essential information seminars and training workshops on key employment issues. Erin has experience providing advice in relation to performance management, misconduct investigations and unfair dismissal claims, bullying, discrimination and harassment matters and occupational health and safety issues including support clients during investigations, defending prosecutions and risk management and policy development. Erin is a co-, author with Professor Andrew Stewart and Elise Jenkin of Parental Leave: A User Friendly Guide published by Thomson Reuters. The book examines the practical interaction between various leave entitlements as well as managing pregnant employees in the workplace and return to work from parental leave. As a part of the Piper Alderman Employment Relations national team, Erin advises clients in all states and territories in Australia. In 2015 she was once again listed in the peer-selected "Best Lawyers, Australia" in the practice area of Labour and Employment.
Stephanie McLuckie
Stephanie assists clients in the not-for-profit space, practising in the areas of education law, commercial law and employment law. She acts for many independent schools, not-for-profit organisations and charities across a broad range of matters. Stephanie is particularly experienced in advising her independent and religious school clients regarding related party transactions and compliance with the not-for-profit obligations under the State and Commonwealth Education Acts. She often assists schools with registration matters and dealing with regulators. Stephanie regularly assists with the incorporation and registration of new charities, with a focus on governance matters and meeting compliance obligations. She also has experience in large and small property transactions, transfers of land and business, licences and leasing. As an advocate for the value of higher education, Stephanie worked as a tutor in the Advancement via Individual Determination (AVID) program, which aims to increase access to tertiary education for disadvantaged high school students.
Kristen Lopes
Kristen Lopes, Partner, Colin Biggers and Paisley Kristen is a partner in Colin Biggers & Paisley's Employment and Safety Team with more than 25 years' experience. She has expertise in employment, industrial relations and anti-discrimination law. Kristen regularly act on behalf of a diverse range of employers across a broad range of sectors including: insurance, education, faith-based, service, retail, financial, manufacturing, clubs, healthcare, construction and not for profit. In addition to advising clients on a broad range of workplace issues, she acts on behalf of clients in a broad range of workplace litigation in the common law courts, the Fair Work Commission, the Industrial Relations Commission and in anti-discrimination tribunals. Claims include; applications for unfair dismissal, general protection claims, stop bullying applications, discrimination and sexual harassment complaints, in addition to, common law breach of contract claims and restraint of trade litigation.
Lucienne Gleeson
Lucienne Gleeson is a partner in Baker McKenzie's Employment Practice in Sydney. Lucienne advises on all aspects of employment law. She has appeared in the Federal Court, Federal Circuit Court, Supreme Court, Fair Work Commission and the Australian Human Rights Commission to represent clients in a variety of cases. This has included adverse action, discrimination, breach of contract, unfair dismissal and restraint of trade matters. Lucienne conducts investigations into allegations of employee misconduct and bullying in the workplace. She also presents on key workplace topics including performance management, anti-discrimination, bullying and harassment.