[HS] School Law: Drugs, Data Breaches, Medical Conditions, Hazards & Boundaries
Is your school teetering on the brink of legal disaster? Confront the truths of non-compliance of legal requirements in the education environment head on with this 5-part series. From overlooked duty of care obligations to privacy violations to problems with drugs and weapons; ensure you’re across the vulnerabilities and liabilities that risk jeopardising your school. Ensure your school can withstand the next legal horror story to emerge and seize this opportunity for legal resilience. WEB247N05
Description
Teachers attending the entire series earn 5 Professional Development Hours (NSW, VIC) / CPD Points (QLD, WA, SA)
Lawyers attending the entire series earn 5 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
Duty of Care: Managing Medical Conditions in Your School
Wednesday, 24 July 2024
Medical conditions in your school pose a significant risk not only to the staff and students struggling with them, but also to your liability. Discover the essential strategies for managing medical conditions in your school while ensuring compliance with the legislation at play. Ensure your policies are up to scratch and benefit from a guide to maintain accurate records to safeguard health in your school. WEB247N05A
Chair: Henry Grossek, Principal, Berwick Lodge Primary School
1.00pm to 2. 00pm Duty of Care: Managing Medical Conditions in Your School
- Defining the legal obligations under duty of care in educational settings
- Analysing legal precedents regarding managing medical conditions in schools
- Ensuring compliance with relevant legislation and regulations
- Assessing liability risks associated with inadequate management of medical conditions
- Establishing legally sound policies and procedures for managing medical conditions on school premises
- Documenting and maintaining records in accordance with legal requirements
Presented by Jessie Murphy-Allen, Special Counsel and Daniella Carling, Senior Associate, Finlaysons Lawyers; Workplace and Litigation
Register here for Session 1 only
Session 2
Navigating Data Retention and Privacy for Schools
Wednesday, 7 August 2024
Don’t let ignorance be your downfall! Privacy breaches can easily jeopardise child safety and your school’s liability may be immense. From combatting human error to fostering a culture of reporting and embracing privacy-by-design principles, arm yourself with the knowledge and strategies to safeguard sensitive data and protect the sanctity of your school community. WEB248N05B
Chair: Henry Grossek, Principal, Berwick Lodge Primary School
1.00pm to 2.00pm Navigating Data Retention and Privacy for Schools
- Ministerial Order 1359 recordkeeping, retention and information sharing obligations
- Privacy breaches can impact child safety: dive into why privacy matters in schools (IVOs, court orders, family violence)
- What steps schools can take to prevent breaches? Human error, culture of reporting, privacy-by-design
Presented by Cecelia Irvine-So, Practice Leader and Head of Education Team; Accredited Specialist in Commercial Law, Moores
Register here for Session 2 only
Session 3
Governance Considerations for Maintaining Safe, Respectful and Inclusive Workplaces and Learning Environments
Tuesday, 20 August 2024
Your role in maintaining safe, respectful, and inclusive school environments is paramount. With consequences for non-compliance, get across the Respect@Work reforms and their specific implications for school leaders. Understand your obligations towards staff, students and parents and how to navigate the stringent regulatory expectations and governance aspects. Leave with a practical framework for compliance in your school. WEB248N05C
Chair: Ann Rebgetz, Principal, St James College
1.00pm to 2.00pm Governance Considerations for Maintaining Safe, Respectful and Inclusive Workplaces and Learning Environments
- Overview of the emerging Australian system to prevent sexual harassment and related unlawful behaviours, including understanding the Respect@Work reforms and their application to a school context (including obligations with respect to third parties, such as students and their parents)
- Understanding regulator expectations for complying with legal obligations, with a focus on the leadership, culture and governance aspects of the Respect@Work reforms most relevant to Principals
- A framework for practical compliance, including how to approach the various legal obligations, including sequencing in relation to WHS obligations and the positive duty under the Sex Discrimimation Act
- Insights into the approach of regulators and what other organisations are doing and learning
Presented by Jennifer Bourke, Senior Associate, MinterEllison; Employment Team
Register here for Session 3 only
Session 4
Drugs, Weapons and Illegal Activity: Rights, Responsibilities and Regulations
Wednesday, 4 September 2024
With police called to schools in one state in Australia almost 20,000 times in the last year, it’s now more important than ever to know your schools’ rights and responsibilities when confronted with drugs, weapons or illegal activity. Know how to navigate the challenging terrain of discovering child exploitation material, unravel the intricacies of inappropriate teacher-student relationships from a criminal perspective, and understand the school's authority in conducting searches and seizing property. WEB249N05D
Chair: Henry Grossek, Principal, Berwick Lodge Primary School
1.00pm to 2.00pm Drugs, Weapons and Illegal Activity: Rights, Responsibilities and Regulations
- Handling the discovery of child exploitation material in the possession of staff: what are my legal obligations?
- Inappropriate teacher-student relationships: what do I need to consider from a criminal perspective?
- Understanding a school's authority in conducting searches and seizing property
- How to handle suspected staff substance abuse issues at work
- Drug possession vs trafficking: what to do when students (or teachers) are suspected of dealing drugs on campus
- Bytes and breaches: what to consider when school IT resources are used to commit computer crimes
Presented by Aleksandra Golat, Senior Associate, HWL Ebsworth; Employment and Workplace Relations
Register here for Session 4 only
Session 5
Navigating the Grey Area on Professional Boundaries
Wednesday, 18 September 2024
Without clear boundaries, there's a risk of blurred lines between personal and professional relationships, which can lead to conflicts of interest, breaches of trust, and even legal liabilities. Don’t turn a blind eye to inappropriate behaviours, and risk jeopardising the safety and well-being of your students and colleagues. Unpack your obligations around mandatory reporting, equipping you with the tools to navigate this nuanced landscape with confidence and clarity. WEB249N05E
Chair: Henry Grossek, Principal, Berwick Lodge Primary School
1.00pm to 2.00pm Navigating the Grey Area on Professional Boundaries
Delve into the intricate web of ethical dilemmas and legal obligations facing educators today and explore the delicate balance between professional conduct and personal interaction as you consider:
- Crossing professional boundaries
- Relationships with colleagues
- Duty of care issues
- Use of alcohol and drugs at school
- Ethics and mandatory reporting
Presented by Stephen Hughes, Special Counsel, Travis Schultz & Partners; Accredited Specialist in Personal Injury
Register here for Session 5 only
Presenters
Ann Rebgetz
Currently, Principal of St James College, Spring Hill EREA, previously Principal, St Columban's College (7-12) at Caboolture (10 years) and Co Principal of BiIingual School at Wadeye in NT with over 700 Indigenous students (3 years). A Recipient of Association of Women Educators Award for Leadership, National Excellence in Teaching State Award. Member of Australian Government Inaugral National VET Alumni/School Pathways Finalist and Winner. Currently President of CaSPAQ (Catholic Secondary Principals of Qld), Member of National Board of CaSPA (Catholic Secondary Principals Australia), V-P ACSSQ, President QISS Netball. Represented CaSPAQ on the 2016 - 2020 Senior Secondary Assessment Review Task Force in Qld. Member of the Australian Catholic Technical & Vocational Colleges Association, and National Schools Strategy Advisory Committee for Rugby Australia.
Jessie Murphy-Allen
Jessie is a member of the workplace and litigation teams. She has a broad range of experience across employment matters, workers compensation, professional indemnity, personal injury and public liability. Jessie regularly appears as both instructing solictor and counsel in the State Courts, SAET, SACAT, Australian Human Rights Commission, Fair Work Commission, Equal Opportunity Commission, Federal Court and Federal Circuit Court. Her practice covers the full spectrum of issues arising from employment including industrial, work health and safety, insurance, defamation and worker’s compensation. Jessie specialises in complex matters where different areas of law intersect. Her depth of knowledge across workplace, insurance and litigation means that she is able to unpick complex matters which give rise to claims across different areas of law and jurisdictions.
Daniella Carling
Daniella is a Senior Associate in Finlaysons’ Workplace team working closely with Partners and Special Counsel. She is an experienced industrial and employment lawyer who also has an impressive track record in general commercial matters – giving her an in-depth understanding of all commercial issues arising from workplace matters. Daniella brings a wealth of knowledge and fresh perspectives that strengthens our commitment to delivering unparalleled service and comprehensive solutions to our clients across all workplace matters. Daniella’s pragmatic and creative approach to work means she provides sensible, but innovative advice on complex and discreet matter.
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.
Cecelia Irvine-So
Cecelia is a Practice Leader in the Corporate Advisory team and heads the Education team at Moores. Cecelia is a commercial lawyer specialising in education law, education governance, privacy and regulatory compliance. Cecelia is the first port of call for a significant number of independent and Catholic schools, education providers, kindergarten cluster managers and K-12 education management and peak bodies. Cecelia has developed a reputation for successfully assisting education bodies and schools which are facing regulator intervention due to critical events or funding and compliance issues, including CRICOS, VRQA, Dept of Education, NESA, TEQSA and ASQA. As one of only a handful of dedicated education lawyers, she is in demand from industry bodies seeking her expertise for speaking engagements and training, and contributions to boards and advisory groups. In addition to regulation, Cecelia assists education clients with student and parent relations, enrolment and admission, behavior and discipline and Board governance. Cecelia also has a special interest in regulatory compliance across the board for Not for Profits, with a particular emphasis on privacy and information. In her role as a leader at Moores, Cecelia has represented the firm in corporate fundraising. Cecelia’s demeanour is always professional, but with the slightest edge of quirky humour which makes Cecelia an engaging advisor and public speaker.
Jennifer Bourke
Jennifer provides strategic advice to public and private sector clients on the full spectrum of employment and industrial relations issues, including discrimination, unfair dismissal, adverse action, the application and operation of enterprise agreements, policies and contracts, and compliance with the Fair Work Act 2009. Jennifer's work includes advising in relation to the management of reports of sexual harm, including the investigation of such reports and the conduct of related disciplinary processes. This includes advising employers in relation to reports made in respect of their employees, as well as universities in relation to reports made in respect of students (which has also included advising a university in relation to the redesign of its student misconduct processes, which involved preparing guidance material for students, staff and the student conduct board). In early 2023, Jennifer undertook a secondment at the Australian Human Rights Commission in the positive duty compliance and enforcement team. Jennifer was integral in the preparation of the Commission's guidance for organisations and businesses on how to comply with the positive duty under the Sex Discrimination Act to take reasonable and proportionate measures to eliminate, as far as possible, sexual harassment and related behaviours. Jennifer regularly advises employers on how to manage reports of sexual harassment in a person-centred and trauma-informed way, whilst ensuring the health and safety of workers and protection of the organisation's interests.
Stephen Hughes
Stephen Hughes, a QLS accredited specialist, is a workplace relations and personal injuries lawyer with over 30 years' experience. Stephen's practice to date has a substantial litigation focus in State and Federal courts and Commissions. Stephen is regularly invited to speak and chair at numerous specialist conferences on work health and safety, employment law, discrimination, bullying, harassment, social media and personal injuries law. Since 1993, Stephen has been the Honorary Solicitor and an ex officio Board Member for the Australian Society of Rehabilitation Counsellors Inc. In 2021 Stephen was awarded an ASORC Honorary Fellowship in recognition of his many decades of service.