Law for Schools

Session ID: 176S02
Date: Wednesday, 28 June 2017
Time: 09:00am - 05:00pm
Venue: Stamford Plaza Adelaide Hotel, Level 2 Meeting Rooms, 150 North Terrace, Adelaide

Face to face

Substantive Law: 6.5

State: SA CPD:6.5
Standard Price $860.00

Also available as

OND176S02 Seminar Recording WEB176S02 Live Web Seminar


Session Content

Date: Wednesday 28 June 2017
Time: 9.00am to 5.00pm
Venue: Stamford Plaza Adelaide Hotel, 150 North Terrace Adelaide

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

You have questions about tricky legal issues involving staff, we have answers from the employment law experts. You have to create and enforce countless policies to avoid potential problems and litigation, we have the practical guidance to help you manage your policies and protect your school. You need guidance in accommodating and safeguarding all your students, we have the latest legal information and advice to prepare you for the many challenges faced by schools.

Session 1: Navigating Difficult Legal Issues in Schools

Chair: John Proeve, Executive Director, Lutheran Schools Australia

Employment Contracts in the Education Sector: Practical Tips and Traps for Schools

  • Preparing and drafting an employment contract: the essentials and common mistakes
  • Employment contracts in public versus private/ independent schools: different considerations
  • Ensuring contracts work in conjunction with your industrial instruments, policies and procedures: best practice and reducing red-tape
  • Dealing with personal requests for part-time employment: a case study involving non-work-related concerns and illness

Presented by Michael Kay, Partner, Wallmans Lawyers

Institutional Abuse: Recommendations by the Royal Commission

  • How the Courts have defined a school's duty of care to its students
  • Does a school's liability extend to the criminal acts of its employees? Prince Alfred College and other leading cases on institutional abuse
  • Eyes, ears and mouth open - obligations under The Child Protection Act 1993 (SA) and The Children and Young People Safety Bill (2017)
  • Messages to be taken from the Recommendations of the Royal Commission and Fresh Start: the Government of South Australia's response to the recommendations
  • Protective Measures: how schools can feel confident that they are satisfying their duty of care
  • Being prepared for potential claims: record keeping, responding to requests for documentation and other useful tips

Presented by Nadia Blake, Special Counsel, MinterEllison

An Educator's Guide to Privacy Law and Data Security

  • The evolving landscape of privacy laws
  • Sharing information about students: Who has a right to what?
  • Your obligations for security and retention of student information
  • The consequences of a privacy breach
  • A rock and a hard place: conflicting privacy obligations from different sources
  • Recent cases, examples and policies you need to have in place

Presented by Paul Gordon, Senior Associate, NDA Law

Managing Social Media Policy and Preventing Litigation

  • Policies and guidelines for staff and teachers you must have in place
  • How you can and should enforce them
  • The risks in getting it wrong with staff
  • How to empower staff to deal with difficult situations on social media and give guidance to students
  • Tips to manage parent and student use of social media to 'vent' against a school

Presented by Kaye Smith, Partner, EMA Legal

Session 2: On the Front Line: Student Wellbeing and the Law

Chair: Tony Houey, former Deputy Principal, Pembroke School; Director, ANZELA

Accommodating Students with Disabilities

  • Direct and indirect disability discrimination: what is and is not discrimination
  • Overview of the Commonwealth Disability Education Standards
  • When and how to make reasonable adjustments for students with a disability
  • Managing behaviour and disability discrimination
  • How you should respond to complaints of disability discrimination

Presented by Will Snow, Special Counsel, Finlaysons

Your Schools' Obligations at Excursions and Sporting Events

  • Dealing with potential student risk and welfare
  • School obligations and duty of care
  • Domestic and international excursions

Presented by Patrick Barry, Barrister, Howard Zelling Chambers

LGBTIQQA Students and Sexuality Issues in Schools

  • The legal considerations that arise in the context of LGBTIQQA students, including:
    • A school's duty of care to students
    • Obligations under anti-discrimination legislation
    • Obligations under health and safety legislation
  • Practical approaches and advice
  • Bring your questions!

Presented by Jarrad Parker, Special Counsel, MinterEllison


John Proeve

John Proeve is Executive Director of the Lutheran Schools Association SA, NT & WA since the beginning of 2013. Prior to this position, John served in a variety of leadership roles in Lutheran schools across Australia including Yirara College Alice Springs, NT, Redeemer Lutheran College Rochdale, Qld, St Paul's Lutheran College Walla Walla, NSW, and as Principal at Cornerstone College, Mt Barker, SA. John also currently serves on the Lutheran Education Australia Ltd Board, the Independent Schools Association of South Australia Board Ltd, SA Independent Schools Block Grant Authority Inc, and a number of Association of Independent Schools SA Committees.

Michael Kay

Michael is a Partner at Wallmans Lawyers and leads its Workplace Relations, Employment and Safety Practice. Michael acts for employers across Australia and internationally in both the public and private sectors. Michael provides clients with day-to-day advice in relation to all aspects of workplace relations and employment management. Michael also provides clients with advice and representation in relation to contentious matters around WHS, confidential information, post-employment restraints, performance management, redundancies, bullying, adverse action and terminating employment. Michael also has a significant background in litigation having both prosecuted, but mostly defended, employment claims in a number of jurisdictions. Michael is uniquely placed to advise his clients, having previously held the position of Senior Prosecutor with the Office of the Fair Work Ombudsman. Michael also studied and worked in organizational psychology and human resources before formally practicing as an employment law specialist.

Nadia Blake

Nadia Blake (Special Counsel, South Australia) is a member of the Insurance and Corporate Risk division. With over 10 years experience in the industry, Nadia has acted on behalf of many Australian and English insurers in relation to liability, property and personal injury claims in various jurisdictions. Nadia has also acted for a number of private clients in a wide variety of commercial disputes. She has specific expertise in insurance litigation, occupational health and safety matters, liquor licensing breaches and medical negligence.

Paul Gordon

Paul Gordon is a Senior Associate at NDA Law. One of Adelaide's leading experts in social media and privacy law, his work focuses on intellectual property and technology, with an interest in social media and online law, commercialisation of new technologies, and dispute resolution. Paul also advises on matters relating to corporate governance, competition and consumer law, inter-jurisdictional disputes and general areas of corporate and commercial law. Paul has extensive experience working with educational institutions, Aboriginal and Torres Strait Islander organisations and research bodies. His dispute resolution experience was honed whilst working as an associate to the Honourable Justice Richard White, now a Judge of the Federal Court of Australia. Paul is the managing director of an innovative web-based ticketing company, taught the undergraduate Intellectual Property Law course at Flinders University, and mentors both university and school students. He often presents and writes papers on the intersection of technology and the law, and recent trends in the Australian legal system. He is a regular guest on a number of radio programs. In 2013, Paul was named the Young Lawyer of the Year, recognising his professional excellence and contributions to the legal profession and the community at large. In 2015, Paul won the national Lawyers' Weekly 30 Under 30 Awards in the area of Intellectual Property Law, and was listed by Doyles Guide as a leading Technology Media and Telecommunications Lawyer, and a recommended Intellectual Property lawyer

Kaye Smith

Kaye is a partner with EMA Legal, a specialist law firm practising in all aspects of employment and industrial relations for employers. Her work extends to complex employment related disputes, work health and safety, anti-discrimination law and industrial disputes. Kaye is President of the Industrial Relations Society of South Australia, and Vice President of its National representative, Australian Labour and Employment Relations Association. Kaye is also a committee member of ALPMA SA (Australasia Legal Practice Management Association). Kaye also volunteers her time as board member of Julia Farr Association Inc, Julie Farr Housing Association Inc, and Community Business Bureau Inc (CBB) - all organisations delivering quality services and support to the disability sector and the not for profit business community respectively. Kaye has practised solely in employment relations since 1997. Kaye has been individually recognised by the independent publication, 'Doyle's Guide to the Australian Legal Profession' as a 'market leader' in the area of employment and industrial relations law, and a leading WHS lawyer in SA.

Tony Houey

Tony Houey holds qualifications in law and education from Monash University. Following a short stint in the legal profession, Tony pursued his passion and vocation to be a teacher and, in a career spanning some 35 years, he has been a long serving staff member at two schools - St Michael's Grammar School in Melbourne, where he founded the Commerce Department and was Director of Curriculum, and Pembroke School in Adelaide, where, since 1993, he was Deputy Principal. As part of Tony's role at Pembroke, he was responsible for overseeing all aspects of Human Resources pertaining to the teaching staff, including: recruitment, performance management, teacher reflection and professional growth, legal compliance and risk management, school policies, Work Health & Safety and Return to Work (Work Cover). He has extensive experience in developing and implementing effective cultures, policies and practices that foster and sustain a positive, safe and supportive environment for all in a school community. Tony's main teaching areas are in: Commerce, Economics, Theory of Knowledge (International Baccalaureate) and Legal Studies. In the broader community, Tony has presented at various seminars and workshops, is Chair of the Board of Debating SA, a member of the Council of St Mark's College and Chair of the SA Chapter of the Australia & New Zealand Education Law Association (ANZELA). Tony convened the organizing committee which ran the annual national ANZELA Conference in Adelaide in October 2014, during which he presented a session on "Legal and human resource challenges for leaders and managers in schools." He is also a past deputy member of the Teachers Registration Board of SA. Tony is a cancer survivor and a passionate supporter of and Ambassador for the Cancer Council of SA. He retired at the end of 2015 and is enjoying pursuing a wide range of interests as well as life in the Adelaide Hills.

Will Snow

Will Snow is a Special Counsel at Finlaysons. He advises schools on managing workforce and risk issues and in relation to duty of care concerns. His principal areas of practice are employment, discrimination, WHS and workers compensation. Will has wide experience in acting for schools to manage risk, compliance and workplace conflict issues. He is the parent of two primary school students with another close behind. He is full of admiration and wonder at how his children are cared for and taught by his local primary school. His respect for teachers and administrators is profound. He doesn't know how they do what they do. Incredible.

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.

Jarrad Parker

If an issue arises in a workplace, Jarrad can (and often does) assist. He advises clients in a wide range of industries on the full gamut of human resources and industrial relations issues including industrial strategy, employment contract and policy frameworks, enterprise bargaining, industrial disputes, discrimination, bullying, workplace health and safety and unfair dismissal claims. In addition, Jarrad is an experienced investigator and workplace trainer. He also facilitates executive level discussions and conferences, and mediates workplace disputes.

Venue Details

Stamford Plaza Adelaide Hotel

Level 2 Meeting Rooms, 150 North Terrace
Adelaide 5001

Ph: 08 8461 1111


Nearest train station is Adelaide Railway Station.

Valet parking is available at the Stamford Plaza hotel from AUD $40 per

car, per day.

Guest Self Parking is available at the Stamford Plaza hotel from AUD

$20.00 per 24 hours.

Parking is not included in the registration fee.

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"Vibrant and very informative; Lots of points covered and very practical in use."

Delegate - Making Administrative Decisions, Melbourne, November 2016





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