Law for School Counsellors
Issues covered include: school counsellors, student welfare, leadership, informed consent, family court proceedings, student well being, bullying, supporting transgender students, family conflict, Children’s Court proceedings
Description
This unique seminar is designed to help clarify the legal framework in which school counsellors, psychologists, chaplains, and leaders responsible for the student welfare function. Come and learn about what constitutes informed consent, your role when family court proceedings impact on student wellbeing, legal issues related to supporting transgender students, students who are being bullied, and parents and students involved in family law conflict and Children’s Court proceedings.
Attend and earn 6 CPD units in Substantive Law
Session 1
The School Counsellor’s Duty of Care
Chair: Dr Steven Middleton, Principal, St Margaret’s and Berwick Grammar School
9.00am to 9.45am: PANEL DISCUSSION AND Q&A WITH THE AUDIENCE: Informed Consent from Students and Parents
- Informed consent
- What is it?
- When do you need it?
- How do you obtain it?
- When can a student consent to counselling services?
- Exploring practical challenges
- What happens when parents refuse consent?
- What do you do if one parent says ‘Yes’ but the other parent says ‘No’
- Obtaining consent under family law rules
Panelists:
Bianca Moran, Senior Psychologist, St Margaret’s and Berwick Grammar School
Benjamin Tallboys, Principal, Russell Kennedy Lawyers, Legal Consultant to Association of Heads of Independent Schools of Australia (AHISA)
Cecelia Irvine-So, Practice Leader, and Rena Ou Yang, Lawyer, Moores
9.45am to 10.30am: Sharing Information Between the School, Students and Parents: A Balancing Act
- Your duty to the school
- Understanding how your actions can create legal issues for the school
- Navigating your obligations to keep confidential or disclose student information
- Deciding when to share information with parents
- Understanding how reporting laws may apply to you
Presented by Sabina Mehra, Associate, PCL Lawyers
10.30am to 10.45am Morning Tea
10.45am to 11.30am: Your Duty of Care When Supporting a Child Who is Being Bullied
- Parameters of your duty of care
- When other students are involved
- Who you can tell, and when
- Who you must tell, and when
- School’s liability for student bullying
Presented by Cecelia Irvine-So, Practice Leader, Moores
11.30am to 12.15pm: School Counsellors, Negligence and Professional Misconduct
- Duty owed to students and staff
- Boundaries to be maintained
- Breach of duty
Presented by Zoe Keith, Partner, Hall & Wilcox
12.15 pm to 1.15pm Lunch
Session 2
School Counsellors Supporting Students: Advice from the Experts
Chair: Dr Vernita Zigouras, President, Victorian Chapter, ANZELA
1.15pm to 2.15pm: Children's Court and Family Protection
- Overview of the Children, Youth & Families Act 2005
- Role of mandatory reporters such as psychologist and school counsellors
- Record keeping and when to provide them to the Department of Health and Human Services
- Weighing up the importance of confidentiality for the child when communicating with the Department and lawyers
- Giving evidence in court
- Complying with court orders
Presented by Margot Brenton, Barrister, Svenson Barristers
2.15pm to 3.15pm: Family Law Conflicts: Critical Issues for School Counsellors
- Understanding parent rights to information where there are no court orders
- Processes and strategies to provide effective management of Parenting Orders
- Family violence & Apprehended Domestic Violence Orders
- Dealing with requests for referrals and reports & navigating pitfalls
- Dealing with subpoenas
Presented by Keturah Sageman, Partner, Nicholes Family Lawyers
3.15pm to 3.30pm Afternoon Tea
3.30pm to 4.30pm: Legal Issues Related to Supporting Transgender and Gender Diverse Students at School
- Legal rights and protections for transgender and gender diverse students
- Differences between Victorian and federal legislation when dealing with discrimination on the basis of gender identity
- Do legal rights and protections differ for state, independent and religious schools?
- Developing supportive policies (e.g. name & pronoun, uniforms, bathrooms, camps, sport, responding to bullying, teacher education, informing other students, including content in classes)
- Practical matters to consider when supporting a transgender or gender diverse student
Presented by Gemma Hallett, Employment Lawyer, Hall and Wilcox, Chair of the Board, Minus 18
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking Information
Parking is not included in your registration. Here are some options below. RACV City Club Car Park.
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