School Law WA

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

Date: 2 August 2017
Time: Morning (2 separate streams): 8.45am – 1.15pm Afternoon (2 separate seminars): 2.00pm – 5.15pm
Venue: Parmelia Hilton, 14 Mill St., Perth
Cost: Early Bird prices: both morn & aft: $695. Morn only: $395 Afternoon only: $345. Early Bird expires 16 June 2017. Prices include GST.

Download Brochure

Register Now

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

Bevan Ripp, President, Principals’ Federation of Western Australia; Principal, Singleton Primary School

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

Simon Billing, Director & Lawyer, S Billing & Associates

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

Richard Miles, Director, Teacher Registration Board of WA

Effectively Managing Staff who Claim Mental Health Issues and Determining Reasonable Adjustments

  • Understanding the legal risks to schools of managing staff with mental health issues
  • Reviewing your rights to dispute or seek to review medical certificates
  • Directing employees to undergo a medical assessment
  • Performance managing an employee with mental health issues
  • Assessing and implementing reasonable adjustments
  • What are your options where you disagree with reasonable adjustments proposed?
  • Reviewing workload and other mental health risks in the workplace and exploring the limits of a school’s obligations

Commissioner Damian Matthews, Commissioner, Western Australian Industrial Relations Commission

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

David Jones, Barrister, Francis Burt Chambers

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

Kim Kiepe, Principal, St Hilda’s Anglican School for Girls

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

Kylie Groves, Partner, Hall & Wilcox Lawyers

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

Mike Baldwin, Special Counsel, Leader Employment and Workplace Safety Practice, Kott Gunning Lawyers

Effectively Managing Staff who Claim Mental Health Issues and Determining Reasonable Adjustments

  • Understanding the legal risks to schools of managing staff with mental health issues
  • Reviewing your rights to dispute or seek to review medical certificates
  • Directing employees to undergo a medical assessment
  • Mental health issues and adverse action:
    • reviewing how mental health claims can affect adverse action against the employee
    • understanding the adjustments necessary in performance managing an employee claiming mental health issues
  • Assessing and implementing reasonable adjustments
  • What are your options where you disagree with reasonable adjustments proposed?
  • Reviewing workload and other mental health risks in the workplace and exploring the limits of a school’s obligations

Nick Ellery, 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

Steve Bowler, Associate, Former Teacher; in collaboration with Ian Curlewis, Partner, Lavan Legal

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

Caroline Payne, Principal, Corpus Christi College

2.05     Family Law: Navigating Circumstances Where Your Duty of Care or the Child’s Wishes May Conflict with Court Orders, Parenting Plans or Parents

  • Reviewing Court orders, parenting plans and rights where there are no orders. Is there a “hierarchy” of orders?
  • Understanding domestic violence orders and how they interact with Family Court orders
  • Understanding what weight is given by courts to the wishes of the child and the effect of the child’s wishes in practice
  • Examining circumstances where your duty of care may conflict with court orders or parenting plans where:
    • the child does not wish to go with the parent, despite Court orders allowing the parent to pick up the child
    • there is a dispute about enrolment or subject choices or activities
    • release of information to the parent may cause conflict
    • the parent appears agitated or exhibits aggressive conduct
  • How do courts respond to schools acting contrary to court orders where the school believes it has a duty of care in the circumstances

Jane Johnson, Senior Associate, Kim Wilson & Co. Family Lawyers; Accredited Family Law Specialist

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

Michael Jensen, Senior Associate, Lavan Legal

Managing Children Exhibiting Problematic or Troubling Sexualised Behaviour in Schools and Dealing with Investigations

  • Reviewing and understanding the current law regarding:
    • Revenge porn
    • Sexting
    • Student on student sexual offending in and out of school
    • The (legal) age of responsibility
  • Mandatory reporting:
    •  Reviewing the law examining the grey areas: What steps should be taken where there are only rumours or suspicions of abuse by students and the suspected victim is not being cooperative? When should a school investigate? When should you take steps to notify authorities?
  • Powers of investigation and a school’s obligations:
    • What are the powers of police, including powers to obtain evidence from the school or other school students?
    • Handling police investigations: how should you respond to police seeking to interview staff, students or requesting documents? Can the police enter school grounds?
    • Understanding the rights and obligations of the school in investigating: how should it gather evidence, what evidence and from what sources (such as a phone)
    • Do the rules of natural justice apply?
  • Handling the aftermath: “Boy accused of rape still at school” (The West Australian, 21 February 2017, p 17): can you/do you – suspend, expel, supervise – what are the guidelines? What is fair?
  • Reviewing the relevant findings of the Royal Commission into Institutional Responses to Child Sexual Abuse regarding student perpetrators

Genevieve Cleary, Barrister, Francis Burt Chambers; President, Criminal Lawyers Association

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

Simon Young, Deputy Head of Senior School, Hale School

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

Maria Saraceni, Barrister, Francis Burt Chambers; Qualified Teacher

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

Shane Entriken, Partner, Allion Partners

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?

Murray Thornhill, Director & Notary Public, HHG Legal Group; Member, ANZELA

5.10     Closing Remarks from the Afternoon Chair

5.15 Close of Seminar

Presenters / panelists include:

Damian-Matthews-web2Prior to his recent appointment to the Western Australian Industrial Relations Commission, Commissioner Damian Matthews was a barrister and solicitor at the State Solicitor’s Office for 23 years. In that time he worked for both Liberal and Labor governments, demonstrating professionalism and impartiality in many complex matters regarding public sector industrial relations

Bevan-Ripp-WebBevan Ripp is the President, Principals’ Federation of Western Australia and Principal, Singleton Primary School. Bevan’s career in education commenced as a primary school teacher in 1974.  He has been a Principal or Deputy Principal since 1981.


Brian-Jackson-WebBrian is a HR and IR law specialist with more than 18 years’ experience advising clients in managing workforce issues, ensuring compliance with workplace laws and resolving workplace disputes. For the last 8 years Brian has been involved as an advocate for children with autism with a number of educational institutions.


Stephen-Kemp-WebStephen Kemp leads Jackson McDonald’s Workplace Relations & Safety team, which provides advice to clients in the areas of industrial relations, employment law, occupational safety & health and equal opportunity, discrimination and harassment.

 

ELLERY_NICK_WEBNick Ellery is a leading workplace relations lawyers in Perth, practising in industrial relations, employment, health and safety and related areas. Nick has been recognised as one of the leading strategists and resolvers of disputes; for example being recognised as a “Best Lawyer – Labour and Employment” in the peer review “Best Lawyers Review” each year from 2011 to now.

Michael-Jensen-WebMichael Jensen has over 20 years experience in workplace law.  Michael advises clients on a wide range of employment related matters, including unfair dismissals, employment contracts, equal opportunity and discrimination issues.  Michael has a particular interest in disability discrimination in education.

Genevieve-Cleary-WebGenevieve Cleary is a Barrister at Francis Burt Chambers, practicing in criminal law, family law, violence restraining orders, confiscations and disciplinary matters. Prior to going to the bar, Genevieve was at the DPP for 7 years, with her work including being a prosecutor in the Children’s Court.

Maria-Saraceni-WebMaria Saraceni is a Barrister at Francis Burt Chambers with over 25 years legal experience, including as a Partner of Norton Rose Australia and Jackson McDonald. Maria is also Adjunct Professor, Murdoch University Law School (WA). Prior to being a lawyer, Maria worked as a High School Teacher.

Shane-EntrikenShane Entriken has over 20 years’ experience in employment, industrial relations, health and safety law. His experience spans industries including education, health, and state and local government. Shane is also the author of a book and is a regular University lecturer. He is a recommended employment lawyer in Doyle’s Guide.

Download Brochure

Register Now

Terms & Conditions

[Back]