School Law Conference: Emerging Key Legal Issues in 2017

Session ID: 175N01
Date: Wednesday, 17 May 2017
Time: 09:00am - 05:15pm
Venue: Rydges Sydney Central, First Floor, 28 Albion Street, Surry Hills

Face to face

Substantive Law: 7

State: NSW CPD:7
Standard Price $860.00
Early Bird Discount $760.00

Also available as

OND175N01 Seminar Recording WEB175N01 Live Web Seminar

Overview

Session Content

Date: Wednesday 17 May 2017
Time: 9.00am to 5.00pm
Venue: Rydges, Sydney Central

Attend the full day and earn 6.5 CPD units in Substantive Law

This is the only School Law Conference you need because there's simply no other program with as many options, as much interactivity, or as much Q&A time with legal experts. Back by popular demand, you can choose from two information-packed streams offering greater variety, Q&A break out sessions with the speakers and practical, interactive workshops. You asked for this kind of conference and we've delivered, so book early and don't miss out.

STREAM A

Session 1: Student and Parent Challenges and Developing Legal Issues

Chair: Bev West, Head of Senior School, Kinross Wolaroi School; Chair, HICES Deputies Group

PART A: CHALLENGING AND DIFFICULT PARENTS

Mastering the Complexities of Family Law for Schools

  • Reviewing recent legislative amendments and updates: what's new and important that you need to know

Presented by Susan Warda, Partner, Mills Oakley Lawyers; Accredited Family Law Specialist; Recommended, Family & Divorce Lawyer, Doyle's Guide 2017

Managing Difficult and Aggressive Parents

  • Avoiding the escalation of complaintswhen parents threaten to sue
  • Taking effective steps to deal with the potential conflict: practical checklist guide

Presented by James Field, Managing Director, CompliSpace Legal Pty Limited

Ask the Lawyers: Practical Q&A Break Out Session
Take advantage of more Q&A time with our panel of legal experts and have your specific questions and concerns addressed.

PART B: STUDENT RISK AND WELFARE

Excursions and Sport: Student Risk and Your Obligations

  • Domestic and international excursions
  • Sporting events

Presented by Patrick Barry, Barrister, Howard Zelling Chambers, Recommended Barrister in Employment and Safety, Doyle's Guide 2017

Dealing with Violent Students and Protecting the Welfare of Other Students

  • The duty of care owed by a school to staff and students arising from a violent student
  • Walking the fine line between discrimination law and the law of negligence
  • Recognising when to call the police
  • Practical steps to minimise risks from violent students

Presented by Matthew Gerathy, Partner, Makinson d'Apice Lawyers

Ask the Lawyers: Practical Q&A Break Out Session
This is your opportunity to gain further insights and guidance from speakers.

OR

STREAM B

Session 1: Staff Misconduct and Performance Management

Chair: Brad Swibel, Deputy Head of School, St Andrew's Cathedral School

Handling Poor Performing Teachers

  • Reviewing your obligations
  • Conducting effective performance management
  • Dealing effectively with bullying and harassment allegations
  • Implementing strategies to avoid appeals

Presented by Jane Thorpe, Executive Director, Employee Performance and Conduct, NSW Department of Education

Effectively Dealing with Teacher Misconduct and Inappropriate Behaviour

  • Defining misconduct and inappropriate conduct
  • Conducting an investigation into misconduct
  • Choosing the right and wrong way to deal with the misconduct: understanding your options and using them wisely
  • Reviewing case examples and lessons to learn to keep you out of the Fair Work and Industrial Relations Commissions

Presented by Bruce Heddle, Partner, Employment Safety & People, Maddocks; Leading Employment and Industrial Relations, Doyle's Guide 2017

PANEL DISCUSSION: Examining Common Staffing Issues and Best Practice Methods

  • A difficult staff member refusing to change
  • What to do when a staff member's version of events is not corroborated by the facts
  • The relationship between poor conduct and poor performance

Panellists:
Bruce Heddle
, Partner, Maddocks
Jane Thorpe, Executive Director, Employee Performance & Conduct, NSW Department of Education
Deborah Vitlin, Head Teacher Compliance and Human Resources, PLC Sydney
Carol Matthews, Assistant Secretary, IEU
Anne-Marie Fensom, Lawyer and Professional Officer, Human Resources, Sydney Catholic Schools

Legal Issues in Managing Injured or Ill Staff

  • Understanding the myriad of overlapping obligations
  • Practical tips for navigating the maze

Presented by Amber Sharp, Workplace Relations Partner, Bartier Perry

PANEL DISCUSSION: Best Practice Methods in Managing Injured or Ill Staff

  • Can an employer challenge a medical certificate?
  • What information is an employer entitled to seek?
  • Can an employer send an employee for an independent medical assessment?

Panellists:
Amber Sharp
, Workplace Relations Partner, Bartier Perry
Jane Thorpe, Executive Director, Employee Performance and Conduct, NSW Department of Education
Deborah Vitlin, Head of Compliance and Human Resources, PLC Sydney

STREAM A

Session 2: Interactive Workshop - Navigating the Legal Complexities of Social Media

Chair: Ross Tarlinton, Headmaster, St Joseph's College

The developing nature of social media makes it a real challenge for schools to keep up to date with what is actually happening online. Our panel of legal and non-legal experts will explore current issues and provide practical solutions for your school.

  • Ensuring the welfare of students and staff
  • Managing and dealing with online parent misconduct and misuse
  • Controlling inappropriate online teacher behaviour
  • Protecting the school's reputational risk
  • Formulating effective guidelines
  • Designing and implementing reporting structures for cyberbullying
  • Reviewing recent cases: lessons to deal with the ongoing threat

Presented by:
Kirra Pendergast, Director, Safe on Social Media Pty Ltd
Michael Waterhouse, General Counsel, Department of Education and Communities
Brian Williamson, Managing Director, WilliamsonBarwick; Accredited Specialist in Industrial Relations and Employment Law

OR

STREAM B

Session 2: Interactive Workshop - Formulating Disability Discrimination and Privacy Policies

PART A: FORMULATING LEGALLY EFFECTIVE DISABILITY DISCRIMINATION POLICIES

Chair: Elizabeth Wing, Acting President of the Anti- Discrimination Board of NSW

Knowing Your Legal Obligations

  • Examining your obligations and liability under State and Federal discrimination legislation
  • Recent cases and lessons to learn to avoid potential complaints

Reviewing Disability Discrimination Policies

  • Reviewing several sample discrimination policies
  • Best practice approach to your disability discrimination policy
  • Examining recent cases and complaints

Presented by Kate Eastman SC, Six St James Hall Chambers

PART B: THE COMPLEXITIES OF THE PRIVACY LEGISLATION AND SAFEGUARDING AGAINST NON-COMPLIANCE

Chair: Deborah Vitlin, Head Teacher Compliance and Human Resources, PLC Sydney

Understanding Your Legal Privacy Requirements

  • Reviewing the current Federal privacy laws, recent amendments and obligations to report infringement

Reviewing and Working with Privacy Policies, Processes and Guidelines

  • Reviewing several sample privacy policies in light of current legislation
  • Identifying practical steps to tighten up gaps in your privacy policies
  • Examining recent cases and lessons to learn to prevent a potential breach

Presented by Andrea Beatty, Consulting Principal, Keypoint Law; Deputy Chair, Law Council of Australia Privacy, and Frances Russell-Matthews, Head of Legal and Company Secretary, Experian Australia Credit Services Pty Ltd

Presenters

Bev West

Susan Warda

Susan Warda is team leader and partner in Mills Oakley Lawyer's Sydney family law practice. Susan has particular expertise in family law matters that involve complex financial issues, including property settlements that incorporate family businesses, multiple assets and superannuation splitting. Susan is an accredited specialist in family law, and was named 2013 Woman Lawyer of the Year in Private Practice by the Women Lawyers Association of NSW. Susan also has extensive experience in resolving family law matters outside of the Court system. She is an experienced mediator and trained collaborative law practitioner, and is able to help clients resolve their disputes without having to be involved in costly and time-consuming litigation. As well as property and financial issues, Susan undertakes Hague Convention Applications, the separate representation of children and matters concerning parenting arrangements, child support matters and de facto relationship cases. She is the past Chair of the Austlaw Board, an association of independent law firms located throughout NSW, Victoria, Queensland and the ACT, a founding member of the Western Sydney Collaborative Family Lawyers network, a member of the Australian Institute of Company Directors (AICD), a Director on the NSW Board of Variety- the Children's Charity and a Director of Variety Australia. Susan has been recommended as a Leading Australian Family Lawyer in the 2015 Doyles Guide.

James Field

James Field is the Managing Director and founder of CompliSpace. He is a highly experienced business executive and legal and corporate governance practitioner, with over 25 years experience in the design and implementation of enterprise corporate governance programs across a wide range of industry sectors. James has held senior executive positions in a range of publicly listed and private companies and applies his hands- on executive experiences to assist CompliSpace clients to develop governance solutions that work and last. James has been a qualified legal practitioner since 1986. He is a Fellow of the Goverance Institute of Australia.

Patrick Barry

Patrick Barry is a barrister at Howard Zelling Chambers with a practice in occupational health and safety law, coronial inquests and industrial law. Before coming to the bar Patrick was a Senior Associate at Freehills (as it then was) and K & L Gates and practiced in a variety of jurisdictions including Victoria, New South Wales, Queensland, the Australian Capital Territory, Western Australia, South Australia, as well as the United Kingdom and the Channel Islands. Patrick continues to maintain a national practice at the bar and appears regularly before Courts and Tribunals around Australia. Patrick's practice focuses principally on defending corporate entities and individuals in safety prosecutions (both State and Commonwealth), acting for employers of deceased workers during coronial inquests and appearing for employers in a variety of industrial disputes. Patrick has also acted for corporate defendants in mining and maritime safety prosecutions. Patrick is rated as 'Leading' for Employment and Safety Barristers for the State of South Australia in Doyles' Guide 2017.

Matthew Gerathy

Matthew Gerathy is a Special Counsel with Makinson d'Apice Lawyers and has over 15 years experience in insurance litigation. He is admitted in New South Wales and the High Court of Australia and also conducts litigation in Queensland, ACT, Victoria and South Australia. Matthew's experience is across most major lines of insurance, but has focused on public liability personal injury litigated and non litigated claims. Matthew acts for private and public schools, Universities, religious Orders and their insurers across New South Wales. Matthew also conducts a large practice in building and construction occupiers liability claims for multinational head contractors and national subcontractors, large occupiers and national service providers. He has extensive experience in personal injury litigation and claims for indemnity and/or contribution between joint tortfeasors in these contexts. Matthew regularly advises on public liability law generally, Policy coverage issues, rights, interests and liabilities under contract and the interpretation of contractual indemnity and insurance procurement clauses. Matthew and his clients have experienced significant success by his attention to detail and pragmatic approach to litigation and alternative dispute resolution. Matthew invests considerable time in understanding his client's business and knowing the issues that are important to them. In all matters in which Matthew acts, his client's reputation, commercial goals and interests are at the forefront of consideration in every action, with outcomes to match.

Ross Tarlinton

Kirra Pendergast

Michael Waterhouse

Michael Waterhouse is the General Counsel at the NSW Department of Education. Before becoming a lawyer, Michael had a diverse career in the political arena and NSW public sector. In 2001, after being the Chief of Staff for the Minister for Education and Training, Michael took up his current role to lead the Department's Legal Services Directorate. Michael's work now involves managing a team of 29 departmental officers, including 13 lawyers. With a department that employs tens of thousands of staff, manages more than 2,200 schools, and is responsible for the education of nearly one million students, the range of legal matters the Directorate is engaged in are both demanding and diverse.

Brian Williamson

Brian Williamson undertakes all aspect of Industrial Relations and Employment Law for employers and has done so for almost 30 years. Brian graduated as a solicitor in 1981 and received his Master of Commerce Degree from Deakin University, Victoria, in 1992. Since then, he has qualified as an Accredited Specialist in Industrial Relations and Employment Law (1994) and received an Advanced Diploma (Mastering the Boardroom) from the Australian Institute of Company Directors in 2009. Before founding WilliamsonLegal in 2010 (now called WilliamsonBarwick from 1 July 2016 to celebrate Adrian Barwick coming into equity), Brian was the Managing Director of another specialist workplace relations law firm, which he founded in 2003. Prior to that Brian was the Founding Chairperson for the National Workplace Relations Practice Group of a major Australian legal practice. Brian has a particular interest in strategic management and brings this focus to his clients, when dealing with their Workplace, Industrial Relations and Employment Law issues. Brian also undertakes senior staff training for clients. Brian's long standing Accredited Specialist standing has been acknowledged in 2014 by the NSW Law Society with its 20 year anniversary award. Brian also speaks regularly at international, national, state and local conferences and has been accorded "Expert Speaker" status by the CEO Institute. He has regularly spoken for Legalwise Conferences and Seminars since 2009.

Brad Swibel

Brad Swibel was appointed as Deputy Head of School at St Andrew's Cathedral School in 2013. St Andrew's is a coeducational Anglican day school of over 1250 students situated in two high rise buildings in the heart of Sydney CBD. It is a very innovative school known for its academic results, use of technology, caring staff and its creative and performing arts. It has offered the IB Diploma since 2009 and offers MYP to Year 7 and then onwards from 2016. Originally established in 1885 to teach the choristers of the Cathedral, the school opened its doors to Year 10-12 girls in 1999 and then K-12 in 2008. In 2007 it established the Gawura School, a K-6 school offering scholarships to local aboriginal children focussing on improving literacy and numeracy and teaching indigenous language, art and culture. Brad is responsible for all four divisions of the school - Gawura (K-6 indigenous school), Junior School (K-6), Middle School (Years 7-9) and Senior College (Years 10-12). He works closely with this team to manage events, wellbeing and student management across the school. Brad is also responsible for policy and staffing. Brad works with the senior executive team on vision development, alignment and strategy and is involved in cocurricular, marketing and budgetary planning. Brad works closely with the Deputy Head (Teaching and Learning) to oversee curriculum, professional development and academic tracking of students.

Jane Thorpe

Jane Thorpe is the Executive Director, Employee Performance and Conduct in the Department of Education. She has held this position for 13 years. She heads up a Directorate of 60 legal and investigative officers who are responsible for investigating and responding to allegations of misconduct against employees. The Directorate has policy ownership for the Department's Code of Conduct, Complaints Handling Policy, Teacher Improvement Programs, Child Protection Investigations of Employees and Public Interest Disclosures policy. Jane is the Department's main disciplinary decision maker as well as the Public Interest Disclosures Manager. She has worked for the public service mainly in senior child protection positions in Queensland, prior to moving to NSW. Her qualifications are a Bachelor of Arts, Bachelor of Social Work and Master of Administration.

Bruce Heddle

Bruce Heddle is also regarded as one of Australia's leading employment and industrial relations litigators, with considerable experience in managing large disputes in both courts and industrial tribunals. His experience ensures a commercial and practical approach to his legal advice. He advises clients on all aspects of employment, occupational health and safety, anti-discrimination and industrial relations law. Bruce has acted for clients in industries including transport, energy, mining, construction, education, financial services, insurance, telecommunications, health and manufacturing. He has a strong background in occupational health and safety and equal opportunity, providing both strategic and contractual advice. He has also conducted audits and training for boards and senior management, and carried out investigations into health and safety incidents, complaints made by employees and disciplinary matters.

Bruce Heddle

Bruce Heddle is also regarded as one of Australia's leading employment and industrial relations litigators, with considerable experience in managing large disputes in both courts and industrial tribunals. His experience ensures a commercial and practical approach to his legal advice. He advises clients on all aspects of employment, occupational health and safety, anti-discrimination and industrial relations law. Bruce has acted for clients in industries including transport, energy, mining, construction, education, financial services, insurance, telecommunications, health and manufacturing. He has a strong background in occupational health and safety and equal opportunity, providing both strategic and contractual advice. He has also conducted audits and training for boards and senior management, and carried out investigations into health and safety incidents, complaints made by employees and disciplinary matters.

Jane Thorpe

Jane Thorpe is the Executive Director, Employee Performance and Conduct in the Department of Education. She has held this position for 13 years. She heads up a Directorate of 60 legal and investigative officers who are responsible for investigating and responding to allegations of misconduct against employees. The Directorate has policy ownership for the Department's Code of Conduct, Complaints Handling Policy, Teacher Improvement Programs, Child Protection Investigations of Employees and Public Interest Disclosures policy. Jane is the Department's main disciplinary decision maker as well as the Public Interest Disclosures Manager. She has worked for the public service mainly in senior child protection positions in Queensland, prior to moving to NSW. Her qualifications are a Bachelor of Arts, Bachelor of Social Work and Master of Administration.

Deborah Vitlin

Carol Matthews

Anne-Marie Fensom

Amber Sharp

Amber Sharp is a partner in Bartier Perry's workplace relations team. A self-confessed workplace relations nerd, Amber has over 15 years' experience as a workplace relations lawyer. Amber's practice covers the litigious and advisory workplace spectrum, with particular expertise in workplace litigation including discrimination, bullying and termination disputes. Clients love Amber's straight talking and solutions-oriented approach. They also appreciate that she combines her technical knowledge of workplace relations with expertise in administrative law - an asset when it comes to workplace investigations or acting for public sector agencies.

Amber Sharp

Amber Sharp is a partner in Bartier Perry's workplace relations team. A self-confessed workplace relations nerd, Amber has over 15 years' experience as a workplace relations lawyer. Amber's practice covers the litigious and advisory workplace spectrum, with particular expertise in workplace litigation including discrimination, bullying and termination disputes. Clients love Amber's straight talking and solutions-oriented approach. They also appreciate that she combines her technical knowledge of workplace relations with expertise in administrative law - an asset when it comes to workplace investigations or acting for public sector agencies.

Jeremy Thorpe

Deborah Vitlin

Elizabeth Wing

Kate Eastman SC

Kate Eastman SC is a barrister based in Sydney. Kate came to the Bar in 1998 via the then Human Rights and Equal Opportunity and Allens. Her practice at the Bar is in the areas of discrimination, employment and public law. Over the past 20 + years, she has appeared in many human rights and discrimination claims heard in the Federal and State courts/tribunals. She appears for individuals, Commonwealth, State and Territory governments and agencies, for multi-national and Australian ASX 200 corporations, partnerships and small business in a range of matters including internal compliance audits, internal grievance and disciplinary procedures, mediation and advisory work. Kate is a longstanding member of the NSW Bar Association's Equal Opportunity Committee. She recently co-chaired the Equitable Briefing Working Party reviewing the Law Council's Equitable Briefing Policy. Kate is also a Senior Fellow of the Faculty of Law at Monash University. She teaches in the post graduate law program at Monash University covering a range of international human rights law and human rights advocacy subjects.

Deborah Vitlin

Andrea Beatty

Andrea Beatty specialises in financial services law, including financial product regulation, licensing and compliance, anti-money laundering laws, consumer credit and margin lending, finance and mortgage broking, banking, payment systems regulation, e-commerce, privacy and spam regulation, personal property securities reform, consumer protection, loyalty programs, white labelling and corporate advisory (including alliances, acquisitions and disposals of financial services and credit businesses). Andrea has been recognised in the Australian Financial Review's Best Lawyers Awards from 2012 to 2017, for financial institutions and regulatory law. Andrea is also ranked in the 2016 Chambers Asia (Australia) Legal Directory Rankings for Financial Services Regulation. Andrea has published 5 editions of the leading consumer credit text - Annotated National Credit Code (Lexis Nexis, 5th edition 2014). Andrea is a member of the law council of Australia Financial Services, e-commerce & Privacy committees. Andrea's financial services blog and published articles can be found at www.andreabeatty.com.au.

Frances Russell-Matthews

Frances Russell-Matthews is Head of Legal and Company Secretary for the Experian Credit Reporting Bureau, author and educator, admitted as a Solicitor to the Supreme Court of New South Wales in March 1995 and as a Solicitor and Barrister in Victoria in 2001. A finalist in the 2011 Australian Corporate Lawyer of the Year, Frances' legal practice spans credit and consumer, privacy and competition law, intellectual property, financial services and regulation of financial products and data exchange, M&A activity and anti-money laundering laws. Frances has broad experience dealing with regulators including the Australian Prudential Regulatory Authority, Australian Securities & Investments Commission, and Office Australian Information Commissioner. Ms. Russell-Matthews is also an author of fiction and non-fiction ( on law, ecology, linguistics, history, English literature and writing ). Her career in English education spans forty years and three Australian states, in primary, secondary independent and government schools (including as Dean of Studies and Head of English of the Launceston Church Grammar School), as an HSC setting and marking examiner and as a lecturer at the Tasmanian College of Advanced Education and NSW TAFE. She continues to tutor in English, History, Business and Legal Studies and to take a keen interest in the application of technological innovation in education.

Venue Details

Rydges Sydney Central

First Floor, 28 Albion Street
Surry Hills 2010
NSW, AUS

Ph: (02)9289 0000

Directions:

Nearby Parking: Valet parking at venue from $45.00 a day or self parking

from $40 a day.

Nearby Train Station: Central Train Station.

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