School Law QLD 2017

Program – Morning (2 stream options) and Afternoon (2 seminar options)

Date: 12 October 2017
Time: Morning (2 separate streams): 8.45am – 1.15pm Afternoon (2 separate seminars): 2.00pm – 5.15pm
Venue: Royal on the Park Hotel, 152 Alice St., Brisbane
Early Bird expires 24 August 2017

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PROGRAM AT A GLANCE
Choose your sessions
   
Morning
8.45am-1.15pm
Stream 1 - State Schools SeminarORStream 2 - Non-State Schools Seminar
Afternoon
2.00pm - 5.15pm
Afternoon Seminar
(All Schools)
ORSchool Sports Law Seminar (All Schools)

 

MORNING STREAM 1 - STATE SCHOOLS
8.45am - 1.15pm

8.45 Welcome from LawSense

8.50 Opening Remarks from the Morning Chair

Andrew Pierpoint, President, Queensland Secondary Principals’ Association

9.00 Handling Staff Claims Made During Performance Management or Investigations: Bullying and Discrimination Claims

  • Reviewing key claims that can be made by staff against you:
    • bullying and harassment
    • discrimination
  • Understanding how these claims affect performance management or investigations
  • Exploring strategies during performance management or investigations to help avoid potential claims
  • Dealing with external investigators
  • Reviewing case studies and lessons learnt

Note: There is currently a Bill before Parliament which will make significant changes to IR laws relevant to state schools.  Should these this legislation be passed this topic will also consider the implications for IR in your school.

Hedy Cray, Partner, Clayton Utz Lawyers

Dealing Effectively With Teacher Misconduct

  • Understanding the line between underperformance, inappropriate conduct and teacher misconduct
  • Reviewing legal rights and obligations of the school and teacher in dealing with misconduct
  • What are the particular matters to consider where the alleged conduct occurs on social media?
  • Examining best practice in investigating allegations of misconduct. What are the initial key steps? What evidence are you entitled to request or collect? What are key pitfalls to consider?
  • Exploring when conduct should be reported to police
  • Understanding and managing the disciplinary process

Lydia Daly, Senior Associate, McCullough Robertson Lawyers

Managing Ill and Injured Staff: Navigating Current Rights and Obligations

  • Reviewing the current legal framework affecting ill and injured staff
  • Understanding workers compensation, medical injuries and the rights of a school
  • Examining performance management of ill or injured staff:
    • how is it different to performance management of well staff?
    • what are the particular considerations where the staff member is mentally ill or injured?
    • addressing continuing staff absences
    • understanding the pitfalls and risks
  • Navigating reasonable adjustments, modified duties and WorkCover
  • Dealing with medical assessments and expert opinions

Stephen Hughes, Partner, Macpherson Kelly

Dealing with Difficult Parents: Responding to Complaints and Parents on Social Media

  • Reviewing key laws and updated policies relevant to difficult parents and complaints
  • Understanding the scope of parent’s rights with respect to the school
  • Dealing with a parent with a mental health issue – what are your legal obligations?
  • Parents on social media – what are your options where negative material is :
    • posted on public websites
    • distributed in private Facebook pages to members of the school community
    • included on online “surveys” of teachers created by parents
  • What are your rights of reply to social media posts from parents and how can this be handled?
  • Drawing a line in the sand – at what point can you defensibly:
    • restrict or limit communication with the parent
    • restrict the parent from involvement in school activities
    • ban a parent from a school
  • Effective communication as a litigation minimisation strategy
  • Best practice in documenting communications with difficult parents

Megan Kavanagh, Partner, Colin Biggers and Paisley Lawyers

1.10 Closing Remarks from the Morning Chair

1.15 Lunch for Day Delegates

MORNING STREAM 2 - NON-STATE SCHOOLS
8.45am - 1.15pm

8.45 Welcome from LawSense

8.50 Opening Remarks from the Morning Chair

9.00 Dealing with Staff Claims Made During Performance Management or Investigations: Bullying and Discrimination Claims

  • Reviewing key claims that can be made by staff against you:
    • bullying and harassment
    • discrimination
  • Understanding how these claims affect performance management or investigations
  • Exploring strategies during performance management or investigations to help avoid potential claims
  • Dealing with external investigators
  • Reviewing case studies and lessons learnt

Tracey Jessie, Principal, Jessie Lawyers; former Principal

Understanding and Defending Staff Adverse Action Claims

  • Examining the Fair Work Act general protections for employees:
    • what constitutes a ‘workplace right’ including ‘an inquiry or complaint in the employee’s employment’
    • understanding when a school is taking ‘adverse action’ against an employee
    • the reverse onus of proof – what requirements does a school need to meet to defend an adverse action claim   and what sort of evidence is needed?
    • examining what penalties, damages and other orders a school could be exposed to
  • Understanding how discrimination claims under the general protections provision apply and differ from anti-discrimination laws.
  • Reviewing learnings from education case studies and scenarios

Annie Smeaton, Partner, Cooper Grace Ward Lawyers

Managing Ill and Injured Staff: Navigating Current Rights and Obligations

  • Reviewing the current legal framework affecting ill and injured staff
  • Understanding workers compensation, medical injuries and the rights of a school
  • Examining performance management of ill or injured staff:
    • how is it different to performance management of well staff?
    • what are the particular considerations where the staff member is mentally ill or injured?
  • Addressing continuing staff absences
  • Navigating reasonable adjustments, modified duties and WorkCover
  • Dealing with medical assessments and expert opinions

Nick Le Mare, Partner, Corrs Chambers Westgarth Lawyers

Dealing with Difficult Parents: Responding to Complaints and Parents on Social Media

  • Reviewing key laws relevant to difficult parents and complaints
  • Understanding the scope of parent’s rights with respect to the school
  • Dealing with a parent with a mental health issue
  • Parents on social media – what are your options where negative material is :
    • posted on public websites
    • distributed in private Facebook pages to members of the school community
    • included on online “surveys” of teachers created by parents
  • What are your rights of reply to social media posts from parents and how can this be handled?
  • Drawing a line in the sand – at what point is there a breach of contract allowing you to ask the student to leave?
  • Best practice record keeping in dealing with difficult parents

Peter Jolly, Partner, Thynne + Macartney Lawyers

1.10 Closing Remarks from the Morning Chair

1.15 Lunch for Day Delegates

AFTERNOON SEMINAR OPTION 1 (ALL SCHOOLS)
2.00pm to 5.15pm

2.00 Opening Remarks from the Afternoon Chair

Karen Spiller, Principal, St Aidan’s Anglican Girls’ School; National Chair, Association of Heads of Independent Schools of Australia (AHISA)

Family Law Review: Dealing with Family Law Consent Orders and Court Orders

  • Understanding Family Court orders and parenting plans
  • Exploring and managing the School’s role in response to Family Court orders and parenting plans
    • What are the School’s obligations?
    • What are the parents’ obligations?
    • “Equal shared parental responsibility” and “sole parental responsibility”.
    • Does the student have any rights?
  • Addressing and responding to parental demands under Family Court orders and parenting plans
  • Exploring real-life scenarios and considering practical and legal responses:
    • a parent demands that the School enforce the Family Court orders
    • the student does not wish to go with the parent, despite Court orders allowing the parent to spend time with the student
    • responding to legal procedures
    • responding to a subpoena for school records
    • giving evidence in Court

Tracey Jessie, Principal, Jessie Lawyers; former Principal

2.05     Discrimination Update: Navigating Your Current Obligations and Understanding Exceptions

  • Examining the current legal framework applying to schools
  • Reviewing key areas where a school can deal with discrimination issues with students:
    • students with a mental or physical disability
    • LGBTI students
  • Examining exceptions to discrimination and guidance from cases:
    • how does a school establish “unjustifiable hardship”?
    • when is a requested adjustment or modification not “reasonable”?
  • Understanding when your duty of care to other students outweighs your discrimination obligations
  • Case studies and scenarios, including examples of recent schools experiences with transgender students

Dan Williams, Partner,  and Lucy Fennelly, Lawyer, Minter Ellison Lawyers

Responding to Sexting and Student-on-Student Sexual Abuse in Schools

  • Legal updates: reviewing laws affecting sexting and student-on-student sexual abuse in schools
  • Examining how the law views responsibility at different ages – from primary age to secondary
  • Dealing with sexting allegations – what steps can you take to limit or prevent distribution?
  • Understanding the limits of your obligations where the sexting occurs outside school
  • What steps should be taken where there are only rumours or suspicions of abuse by students and the suspected victim is not being cooperative?
  • Understanding the rights and obligations of the school in investigating: how should it gather evidence, what evidence and from what sources? How should the school deal with evidence?
  • Notifying and dealing with police, parents and the school community – what are your rights and obligations?
  • Dealing with media, including social media – what can and can’t you say?

Alistair Macpherson, Director, Corney & Lind Lawyers

5.10     Closing Remarks from the Afternoon Chair

5.15     Close of Seminar

AFTERNOON SEMINAR 2 – SCHOOL SPORTS LAW (ALL SCHOOLS)
2.00pm to 5.15pm

2.00 Opening Remarks from the Afternoon Chair

2.05     Examining Your Duty of Care in Managing Sports Programs, Events and Sport Excursions

  • Reviewing the key elements of a sport teachers duty of care to the students, other school’s students, parents, volunteers, referees and spectators
  • Sport training programs: what are your obligations, what are reasonable training loads and what happens when there are injuries?
  • Developing risk management plans for sports events and excursions – what are key elements to consider?
  • Permission notes and consent forms: what is too much and too little?
  • Managing social activities during sporting events or excursions to meet your obligations
  • Tips in managing difficult parents, opposing coaches and players
  • Reviewing how the law has been applied in cases and scenarios

Trent Forno, Managing Partner and Patrick Ritchie, Associate, Minter Ellison Lawyers

Dealing with Accidents and Incidents in Sport

  • Understanding your obligations in dealing with accidents and incidents, including obligations regarding head knocks and injuries in games
  • Responding to accidents and incidents:
    • ensuring you have a response plan for the particular circumstances
    • documenting and reporting incidents during sport – what should you document or report and how?
  • Managing investigations and subsequent legal proceedings
  • Reviewing key case studies and scenarios

Megan Kavanagh, Partner, Colin Biggers and Paisley Lawyers

Engaging and Managing External Sport Service Providers, Volunteers and Venues

  • Understanding different options for arrangements with external sport providers
  • Reviewing key aspects of contracts with external providers – what to avoid and what to include
  • Examining your rights and obligations regarding volunteers and key matters to consider
  • Understanding and managing venue contracts, including indemnity clauses
  • Reviewing insurance – what will it cover and what is excluded?

John Sneddon, Partner, Shand Taylor Lawyers

5.10     Closing Remarks from the Afternoon Chair

5.15 Close of Seminar

Presenters / panelists include:
Pierpoint-AndrewAndrew Pierpoint is President of the Queensland Secondary Principals’ Association – the peak body for Principal and Deputy Principals across Queensland. Andrew has over 30 years’ experience in High Schools as a teacher, Head of Department, Deputy Principal and Principal as well as having several system positions in the support of Principals.

karen-spiller_web_photoKaren Spiller has had teaching and leadership experience in both girls’ and co-educational Anglican schools for over 30 years. She has been Principal at St Aidan’s Anglican Girls’ School for seventeen years. Karen is the National Chair of the Association of Heads in Independent Schools Australia and has been a member of that Board.

williams_dan_smc_webDan Williams heads the Brisbane Human Resources and Industrial Relations practice at MinterEllison and has extensive experience in workplace law. Dan’s expertise is widely noted in major independent peer directories. Best Lawyers in Australia 2017 recognise him as Lawyer of the Year in Employee Benefits Law and as a leading lawyer in Education Law and Labour & Employment law.

AlistairAlistair Macpherson focuses on legal issues affecting schools, non-profit entities and other corporate clients. Alistair has personally appeared in numerous Tribunals and Courts as advocate for schools and other clients. Alistair is also a Board Member of Queensland Baptists, which engages in, amongst other things, retirement villages, aged care, schools and other charitable activities.

Trace-Jessie-webBefore studying law Tracey Jessie was a teacher and principal within Education Queensland. Tracey now advises a range of educational institutions on employment matters. Tracey has extensive experience leading investigations and complaints on behalf of employer organisations. She is experienced in preparing employment contracts, policies and procedures for employers.

Annie-Smeaton-webAnnie Smeaton has acted for clients in the state and non-state educational sector. Her work includes discrimination in education and the workplace, student and teacher disciplinary matters, industrial relations, student and teacher safety and managing parent and other complaints. Annie is recommended in Doyle’s Guide 2015 list of leading QLD employment lawyers.

Nick-Le-Mar-Web-EditNick Le Mare has practised almost exclusively in workplace relations law since 1997. For much of his career, Nick has been positioned at the forefront of employment strategy and execution in some of the most difficult industrial relations settings, including in rail, aviation and education sectors.

 

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