School Law: 8 Critical Legal Issues
Issues covered include: divorce, separation, court orders, family violence, disability, discrimination, child protection, social media, staff misconduct, employment obligations, employee management, unfair dismissal
Description
You have legal risks, we have a day of practical guidance and advice to help you deal with them. This comprehensive program covers 8 of the most important legal issues that you must be prepared to handle at a moment’s notice. From family law to discrimination to child protection to employment issues to navigating legal proceedings, you’ll be prepared for any legal risk that comes your way.
Attend and earn 7 CPD hours in Legal Knowledge
This conference was recorded in QLD on 28 August 2019
Session 1
Navigating Parent and Student Legal Issues
Chair: Scott Wedgwood, Principal, Barry.Nilsson.Lawyers
9.00am to 10.00am: DIVORCE: The Lifecycle of a Divorce: From Separation to Court Orders and how Your School Fits in
Map out the journey that parents and children travel between a separation and final decision/orders relating to children so you can understand your role in the process
- Dealing with situations involving hostile, feuding parents where no legal proceedings have begun
- What to do when there are informal arrangements but no court orders
- How interim orders from the court affects your duties and obligations
- When a final court order is set and a parenting arrangement is set: your duties and how to deal with divorced parents who are still in conflict at school events or otherwise
Presented by Patricia Kirkman-Scroope, Barrister, Inns of Court
10.00am to 11.00am: FAMILY VIOLENCE: Family Violence and the School Caught in the Middle
- What is family violence?
- How prevalent is family violence?
- Effect of family violence upon children
- What needs to be present for a Court to make a DVPO
- What if there is a conflict between Family Court orders and DVPO?
- How to read a DVPO and what it means
- The school gate changeover in situations of family violence
- What your school needs to do where domestic or family violence is alleged
Presented by Fiona Manderson, Special Counsel, Corney & Lind
11.00am to 11.15am Morning Tea
11.15am to 12.15pm: DISABILITY AND DISCRIMINATION: Disability and Discrimination in Education: Impacts for Students and Schools
- Application to schools in Queensland and the legal framework
- Navigating disability discrimination:
- Pre-enrolment
- Enrolment
- Special conditions
- Cancelation of enrolment
- Reasonable adjustments and unjustifiable hardship
- Recent cases studies
Presented by Annie Smeaton, Partner, Cooper Grace Ward Lawyers
12.15pm to 1.15pm: CHILD PROTECTION: Child Protection: Your Duties and What You Need to Know
- Legislative obligations for schools and staff
- Mandatory reporting
- Legislative obligations and who is a mandatory reporter
- Defining reasonable suspicion and significant harm
- Who reports should be made to and reporting to the QCT
- Non-mandatory reporting
- Policies and written processes you must have in place
- Who is in charge? The necessity of appointing someone in charge of child protection
- Practical real world takeaways from examples and case studies
Presented by John Hamilton, Principal, McInnes Wilson Lawyers
Session 2
Managing Staff and Your School Through Legal Risks
2.00pm to 2.45pm: STAFF MISCONDUCT: Update on Social Media, Staff Misconduct Outside School Hours and Employment Obligations
- When and how can an employee’s private life conduct affect employment?
- Your duties and abilities to take action
- Disciplining or dismissing staff for misconduct outside of school hours
- The nexus between the school and the misconduct
- The use of social media by employees: when has misconduct occurred and what are the employment implications?
- What can be said on social media by teachers? What can’t?
- The grey areas in-between
Presented by Robert King, Partner, Cornwalls
2.45pm to 3.30pm: DISCIPLINE & PERFORMANCE MANAGEMENT: The Do’s and Don’ts of Disciplining and Performance Managing an Employee
- What constitutes ‘misconduct’ and what amounts to ‘poor performance’?
- Possible disciplinary actions and how to manage the disciplinary process
- Procedural fairness requirements
- Properly drafting a notice of disciplinary action
- Relevant and recent cases relating to performance management and disciplinary action
Presented by Bianca Mendelson, Senior Associate, Clayton Utz
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: UNFAIR DISMISSALS: Unfair Dismissal and the Fair Work Commission: What is ‘Unfair’ Anyway?
- The Fair Work Commission’s approach to unfair dismissal generally
- What factors do they take into account when determining if something is unfair?
- Is there any merit to commonly held beliefs like having to give 3 warnings before dismissing?
- Can you take into account factors you didn’t know when you dismissed an employee?
- Examining the latest unfair dismissal cases and their potential relevance to your school
Presented by Stephen Mackie, Barrister, Denning Chambers
4.30pm to 5.15pm: NAVIGATING LEGAL PROCEEDINGS: School Staff Preparing for Court Proceedings and Giving Evidence: What to Expect
- What to expect if you’re involved in court proceedings
- What do you do if you’re issued a subpoena?
- What happens if you’re called to give evidence, including pursuant to a court summons
- Giving a statement, including a statement involving police
- Understanding your duties to the court, to your school as your employer, and to parents and students
- What happens if you’re called as a witness
Presented by Matthew Taylor, Barrister, Quay 11 Chambers
Venue
Mercure Brisbane
Level 2, 85-87 North Quay
Brisbane 4000
QLD
Australia
Parking Information
Parking is not included in you registration. Here are some options below.
Secure Parking at Mercure Hotel offers a discounted daily rate from $36 by
validating tickets at Mercure Reception prior to departure. Click here to view rates.