Does Your School Enrolment Contract and Policies Need Reviewing?
Broadcast on 1 March 2019
Has the following been sufficiently addressed in the enrolment contract:
What happens in the event of a family separation?
Does the contract consider the family law and domestic violence legislation?
Have relevant privacy laws been addressed?
How do school policies form part of the contract?
Does the contract adequately set out the rights and obligations of the school, of the student and of the parent throughout the course of the enrolment relationship?
The content will be relevant for schools Australia-wide.
Presented by Fiona Manderson.
Schools with Chaplains – are they employees or independent contractors?
02 November 2018
Chaplains are becoming an important feature in Schools. Chaplains assist in holistic care and provide a supportive environment to children in situations of family turmoil. However, we are regularly asked about the employment status of Chaplains. Are Chaplains treated as an independent contractor, employee or can they be a spiritual appointment?
This webinar discusses the role of Chaplains; what is the best employment appointment for a Chaplain; the advantages and disadvantages of being an employee, contractor or spiritual appointment; and how such appointment will have a bearing on a Chaplain’s performance.
Legal aspects of managing a PR crisis – what you can or cannot do
03 August, 2018
Disputing parents can unwittingly drag Schools into their conflict. Sometimes, parents take their disputes online mentioning the School as a place of common ground for children.
This webinar will look at the legal implications that communications in times of conflict and crisis can have on Schools. In conflict, reference to Schools is made either directly or indirectly by disputing parents, which warrants a response.
the laws on defamation
how to negate a conflict situation with a robust social media policy.
This webinar is suitable for Principals, School Boards, Business Managers
School Arrangements with Related Charitable Entities – tips and pitfalls
School Boards have always had a duty to act in the best interests of a School. These waters can sometimes be ‘muddied’ where School Boards and affiliated bodies, like religious and charitable entities, share close association.
This webinar will discuss key considerations for relationships between Schools and related charitable entities.
How the new Notifiable Data Breach scheme affects your School
11 May, 2018
Australia’s new notifiable data breach scheme (‘the Scheme’) introduced significant amendments to the Privacy Act 1988 (Cth) on 22 February 2018. Part of the Scheme introduced mandatory data breach notifications, that is, a requirement by Schools to notify individuals and the Australian Information Commissioner in relation to certain data breaches. We have added an additional webinar to our School Law Series 2018 to explain how the Scheme changes will affect Schools and Colleges in the management, collecting and handling of personal information for students, parents and staff across a School environment.
This webinar will discuss:
Risks under the Scheme
What is a notifiable data breach?
What is the likely harm in the event of a notifiable data breach?
What are a School’s responsibilities relating to the Scheme?
How to manage risks with third party providers to a School
Parents are understandably protective of their children. However, it can be the case that when a parent perceives that their children’s rights have been impinged upon, their interactions with the School can escalate.
This webinar looks at:
how to deal with high-conflict parents
how do you protect your staff from ongoing verbal and/or physical abuse?
how do you deal with conflict that attacks the professionalism of staff as individuals and the ramifications beyond the School gate?
This webinar is suitable for Principals, School executives, School Boards, School front line staff.
Presented by Fiona Manderson, and Matthew Shearing.
Uniform policy and other policies – inclusion and discrimination
02 February, 2018
There is often a fine line between enforcing compliance with policies and the need to accommodate a student’s cultural and/or religious beliefs in a School environment. Failing to understand when indirect discrimination may arise can be a source of real difficulty for Schools across Australia, and can be particularly pronounced in Schools with a religious background or mission perspective.
In this webinar, we discuss discrimination direct and indirect, how to draft uniform policies considering discrimination laws; whether Schools can rely on exemptions; tension that may exist between uniform policies and having School open enrolments.
This webinar is suitable for Principals, Business Managers, Registrars, Bursars.
Presented by James Tan, Director and Michaela Wauchope.
Managing Parent Debts
01 December, 2017
Welcome to our final webinar of our 6-Part School Law Series.
Be it employment concerns, family breakdown or sickness, parents are frequently defaulting on their obligation to pay fees as and when they fall due. Unfortunately, there comes a point where the school needs to recover the unpaid fees.
We look at steps that schools can take to recover and minimise the impact of unpaid enrolment fees, and what clauses can be introduced into the Enrolment Contract to minimise losses suffered. How to effectively document a Compromise Arrangement (which effectively is an amendment to the enrolment contract) will also be examined.
We consider the risks of charging interest on overdue fees including unlicensed money lending under consumer credit code and how to avoid them.
Creative use of Deductible Gift Recipient Necessitous Circumstances Fund money will also be explained.
In this webinar, we cover help schools understand who really has to pay for the enrolment fees, who needs to consent to what, who is entitled to what information, and strategies and solutions that schools can implement into both their enrolment contracts, and their interactions with parents, to maximimise profit and minimise stress.
Top Employment and Independent Contracting Tips for Schools
The performance of your organisation is largely dependent upon the performance of your employees (often in an EBA context) and contractors.
We are seeing schools having to make tough employment decisions that affect staff morale and create litigation risks (for example, moving an employee from a permanent contract to a 12 month contract). We’re also seeing the need for schools to more effectively (and in a non-discriminatory manner) screen potential employees during the recruitment process.
Some schools are also bringing in independent contractors such as occupational therapists and speech therapists.
We look at what steps a school can take to manage risk to the school when changing or ending an employee’s employment, renegotiating your EBA, and what steps can be taken to ensure that your employees and contractors are the best and safest fit for your school.
Top Current Legal Challenges facing School Leaders
We are observing a number of trends that are affecting schools. The context includes increased competition, volatile incomes, blended families and reduced volunteer engagement.
The challenges for schools include default in fee payments, family law disputes, cost cutting, aging building, the need for alternate sources of income and capital, outsourcing, redundancies, discrimination and disability adjustments.
In this webinar, we discussed the two top legal challenges for School Leaders and what that means for the year ahead in 2017.