Session 1: Duty Obligations On and Off School Grounds

Session ID: 1711W06A
Date: Thursday, 16 November 2017
Time: 09:00am - 01:00pm
Venue: Parmelia Hilton Perth, Level 1, Meeting Room, 14 Mill Street, PERTH

Face to face

Substantive Law: 3.5

State: WA CPD:3.5
Standard Price $480.00
Early Bird Discount $395.00

Also available as

WEB1711W06A Live Web Seminar OND1711W06A Seminar Recording


Session Content

Date: Thursday 16 November 2017
Time: 9.00am to 1.00pm
Venue: Parmelia Hilton, 14 Mill Street, Perth

Attend and earn 3.5 Professional Learning points under APST 7.2
Legal Professionals: Attend and learn 3.5 CPD points in Competency Area 4: Substantive Law

Don't get buried under the countless legal duties facing your school, and even more importantly, don't bury your head in the sand. With a heavy emphasis on interaction with the speaking panel, this unique conference gives you the opportunity to walk away with your questions answered and your school prepared to meet any legal challenges it may face.

Chair: Dr Alec O'Connell, Headmaster, Scotch College; Chair of the Board of AISWA

Your Duty Outside The Classroom but Inside The School Gates

  • Obligations on yard duty
  • Before and after school care
  • Maintenance management: lack of reporting from your staff and your obligation to maintain grounds after school hours
  • Do Boarding Houses need different sets of rules?

Presented by Michael Jensen, Senior Associate, Lavan

CASE STUDY: Can Non-Registered Teachers Supervise? Meeting Duty of Care Obligations for Non-Registered Teachers on Supervision Duty

Presented by Paul McCarthy, Dean of Co-Curricular, Penrhos College

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

Paul McCarthy
, Dean of Co-Curricular, Penrhos College
Michael Jensen, Senior Associate, Lavan

Balancing Your Duty of Care With OH&S and Anti-Discrimination Obligations to Staff and Students: Walking The Tightrope

  • Reconciling competing obligations to students and staff: getting the balance right
  • Refusing enrolment on the grounds of a student's disability: When will it be lawful?
  • When will concerns about health and safety trump your other obligations?
  • Arming your staff with support and information to do their job safely and effectively

Presented by Felicity Clarke, Special Counsel and Jillian Howard, Senior Associate, Hall & Wilcox

Can Schools Protect Staff Beyond the School Fence?

  • Identifying a school's obligation for things that happen to staff off campus
  • What can the school do to manage parent and student grievances so it doesn't follow the staff member home?
  • Addressing bullying, discrimination and sexual harassment between members of the school community after-hours (or online)

Presented by Franklin Gaffney, Special Counsel, Lavan


Chair:Alec O'Connell

Michael Jensen

Michael Jensen is a Senior Associate in the Employment and Workplace Relations Team at Lavan Legal. He has over 20 years' experience in workplace law. Before joining Lavan Legal (which was then Phillips Fox) in 1995, Michael spent 7 years working as an industrial advocate with the Chamber of Commerce and Industry. Prior to that, he worked for 10 years as a cartographer with a consulting engineering firm, working both in the office and on site. Michael advises clients on a wide range of employment and administrative law related matters, including FOI and Privacy advice and policies, industrial action, unfair dismissals, employment contracts, enterprise bargaining, equal opportunity and discrimination issues. He regularly represents employers in conferences and hearings before State Industrial Commission, Fair Work Australia, State Administrative Tribunal and the Federal Courts. Michael has broad-based knowledge and experience in the areas of human rights, administrative law and employee relations and has a particular interest in disability discrimination and privacy as it applies to inclusive education.

Paul McCarthy

Paul McCarthy is currently the Dean of Co-Curricular at Penrhos College, having spent the previous two decades in music directorships at various schools in Perth. Paul's current position sees him responsible for overseeing all College co-curricular activities in the areas of Sport, Arts and Academic, to coordinate the College Interschool Sport events and competitions, ensure risk minimisation, management and duty of care compliance for all co-curricular activities, and all College Interstate and International Tours. Paul is the current chair of the Music Course Advisory Committee (CAC) for the School Curriculum and Standards Authority (SCSA), sits on the IGSSA Heads of Sport committee, is a WACE performance examiner, Member of the ASME (Australian Society for Music Education) State Council and a regular appointee to WACE Examination writing and marking panels. Paul has presented clinics on education in his home state of Western Australia, New South Wales, South Australia, Queensland, Victoria, and internationally in New Zealand and the United States.

Felicity Clarke

Felicity Clarke specialises in workplace relations law and provides advice, representation and corporate support to companies and local government clients on all aspects of employment and industrial relations law, both contentious and non-contentious. She has particular expertise in discrimination law and regularly conducts workplace investigations into complaints and allegations of misconduct, discrimination, harassment and bullying. Felicity also has in-depth experience (both litigious and advisory) in occupational safety and health laws, including subsea safety laws. Felicity regularly advises on the employment aspects of commercial transactions, corporate restructures, transfers of business and outsourcing arrangements. She regularly provides clients with strategic advice on the implementation of redundancies and workplace change. Felicity is a member of the Law Society of Western Australia and a regular presenter at industry events.

Jillian Howard

Jillian Howard provides practical advice to private and public sector employers on a wide range of labour and employment matters. Her particular areas of expertise include employment litigation, discrimination issues and the conduct of workplace investigations in relation to bullying, harassment and employee misconduct. She also regularly provides strategic advice in relation to organisational change and the conduct of large-scale restructuring exercises, advising and representing clients in a wide range of employment disputes including adverse action and unfair dismissal claims. In addition, Jillian is a registered migration agent and supports clients with global mobility issues including the relocation of senior employees, the employment aspects of establishing a business in Australia and business migration. Jillian is a member of the Industrial Relations Society of Western Australia, the Law Society of Western Australia and Women Lawyers of Western Australia.

Franklin Gaffney

Franklin Gaffney is a Special Counsel at Lavan. He has advised on a wide range of contentious and non-contentious employment matters including developing and implementing workforce planning strategies, industrial disputes, and M&As and outsourcing. He has negotiated and drafted senior executive contracts of employment and enterprise agreements and conducted internal reviews, and occupational health and safety investigations. In performing this work he has represented clients before various courts and tribunals in Australia and the UK.

Venue Details

Parmelia Hilton Perth

Level 1, Meeting Room, 14 Mill Street
PERTH 6000

Ph: 0892152000


Parmelia Hilton is located on 14 Mill Street, just a short stroll

from St George's Terrace. The Esplanade train station is the nearest train

station which is a short 5 minute walk to Parmelia Hilton Perth.

There is parking on Mill Street (100 metres from Parmelia Hilton) in

the Convention Centre with an hourly rate of $5.80 and a 10 hour

maximum price of $23.80. Parking is not included in the registration fee

and is subject to change.

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