LEGAL DIVISION

1. LEGAL DIVISION Who are we? • Kate Rattigan, Executive Director, Legal • Elly Gay, Manager Workplace, Discrimination and Disputes Unit • Elena Totino, Manager Children Families and Education Law Unit • Terrie Benfield, Manager Commercial and Property Law Unit • Melanie Hodge, Manager Legislation and Government Law Unit People and Executive Services Group: PESG

2. EXECUTIVE DIRECTOR Frequently asked questions • What is the role of the new Legal Division? • When should a principal involve the Legal Division as opposed to local police/own solicitor/union/professional organisation? • How does the Legal Division work with Employee Health, Conduct & Ethics, Infrastructure, HR? • What can I expect from the Legal Division? • Where do I go if I am not happy with the services of the Legal Division? • What are the most common requests for legal advice from school principals?

3. NEW LEGAL DIVISION RESOURCES FOR PRINCIPALS • Dedicated Legal edugate page • Service Catalogue • Newsletter for schools • Each Unit developing own resources for schools (fact sheets, templates etc)

4. “Focus on Legal” Newsletter • Focuses on legal issues relevant to schools • Published on the Legal Division eduGate site eduGate > Services > Legal > Focus on Legal • Direct link available from the DEECD Schools Bulletin First issue: • Legal advice on students with disabilities • Legal advice on school purchasing arrangements *Look out* for second issue: • Complying with a witness summons / subpoena • Legal advice on part-time enrolment for a student with a disability • Legal case on student bullying

5. Legal Division “Service Catalogue” • Inappropriate Behaviour on School Premises • Page 33 • Child Protection and Mandatory Reporting • Page 34 • The Roles and Responsibilities of Parents, Guardians and Carers • Page 35 • Duty of Care for Schools • Page 36 • Subpoenas & Witness Summonses • Page 32 • Australian Human Rights Commission Complaints • Page 22 • Victorian Equal Opportunity Commission Complaints • Page 22 • Conciliation and Mediation in Litigation • Page 24 • Students with Disabilities Legal Advice • Page 25 • Personal Injury and Property Damage Claims (negligence or ‘liability’ claims) • Page 26 • Fair Work Investigations, Notices and Disputes • Page 27 • Employment and Occupational Health and Safety Legal Advice • Page 29 • Court, Board and Tribunal hearings • Page 30 • Ombudsman and Coronial investigations, Inquiries and Inquests • Page 31 • School Councils General Property and Commercial Matters • Page 16 • Procurement Legal Support for School Councils • Page 17 • Shared Use of Facilities for School Councils • Page 19 • Leases, Licences and Joint Use Agreements • Page 20

6. New Legal Division “eduGate Page” How to find us eduGate > Services > Legal

7. EXECUTIVE DIRECTOR Top Tips for Principals • Good decision-making • Parent may not like the outcome but if you have followed a proper process and formed a belief on reasonable grounds, you will be in a good position to defend the complaint. • Demonstrate that you have taken into account competing interests – perspective of student, parent/guardian, costs, impact on others (staff / students), safety, duty of care, rights of those with legitimate interests. Document reasons for decision. • Good communication • Effective management of the relationship can prevent escalation of the issue. • Communicate decision with confidence but demonstrate proper consideration of relevant interests. • Consult and listen but stand ground on vexatious complainants. • Good documentation • Take a file note to record reasons for decision and consultation process, write a follow up letter, take down a chronology of events and keep records in order (FOI, subpoenas, discovery in litigation).

8. WORKPLACE, DISCRIMINATION AND DISPUTES UNIT • We provide legal advice and representation to principals in Commissions, Tribunals and Courts in relation to employment law, discrimination law, human rights, negligence claims, inquests • Some key areas of service to schools: • Discrimination law, sexual harassment and human rights legal advice, complaints and litigation management (claims by parents/students and staff) • Students with disabilities, serious medical conditions and challenging behaviour • Fair Work Commission applications and disputes (including unfair dismissals and adverse action) • Assisting principals to respond to correspondence drafted by lawyers and advocates relating to students with disabilities or employment issues • Management of litigated and non-litigated negligence claims (personal injury and property damage)

9. WORKPLACE, DISCRIMINATION AND DISPUTES UNIT • Top 5 Tips for principals: • Make reasonable adjustments for all students with disabilities, not just those eligible for additional funding under the PSD • Hold regular SSG meetings, keep good minutes of them, consult experts (internal and external as necessary), parents/guardians • Develop and follow detailed ILPs and BMP/BSPs where necessary, with input from experts where necessary, review and update regularly • Adverse action – don’t treat staff members who have exercised their workplace rights any differently (eg staff who have asked for part-time employment, taken sick leave, actively engaged in union activities etc) • OHS and liability for personal injury – undertake regular safety checks of playgrounds and classrooms. Use EduSafe and check updates/hazard alerts etc. Have comprehensive bullying policies and follow them!

10. WWD Resources available ! • Workplace, Discrimination and Disputes Unit: • General information on claims for personal injury or property damage (made by students, parents, visitors to schools) • Information sheet on discrimination law and making reasonable adjustments for students with disabilities • FAQ on part time attendance of students with disabilities • General information on discrimination law (relevant to staff and students) • General information on Human Rights obligations of schools

11. CHILDREN, FAMILIES AND EDUCATION LAW UNIT • This Unit provides legal advice and assistance in many areas of law which include the following: • Family law and the responsibilities of parents, guardians and informal carers • Child protection and mandatory reporting • Trespass • Intervention orders • Duty of care eg. supervision; management of medical conditions; and planning for school activities, excursions and camps • Criminal law investigation and procedures • Student discipline esp. suspension and expulsion • Coronial inquests • Privacy • Subpoenas / Witness Summons • Due to the high level of demand, the Unit has a duty lawyer service to respond to the day to day enquiries received from clients.

12. CHILDREN, FAMILIES AND EDUCATION LAW UNIT TOP TIPS for School Principals: • School staff should be mindful of the family arrangements for each student as this can impact on the everyday decision making at the school • Consider the child’s living arrangements and any DHS involvement • Obtain copies of any relevant Court Orders eg. Family Law Orders, Intervention Orders and Protection Orders • School staff should be cautious about using and disclosing personal information and health information belonging to students and staff • School staff have a duty of care to their students. This requires that school staff take active and reasonable steps to prevent injuries that are reasonably foreseeable. • You have the right to feel safe at your school. There are a number of strategies that can be used to manage the behaviour of students, parents/guardians and others.

13. CHILDREN, FAMILIES AND EDUCATION LAW UNIT Resources Available: • Decision making for students • NEW SPAG page that explains the concepts of parental responsibility, guardians, carers and mature minors. • It also explains the different types of Court Orders that can impact on decision making for students. • Intervention Orders • NEW SPAG page that explains intervention orders and how they may impact on a student, parent or staff member. • It also summarises these Orders can impact the school • Trespass Notices • NEW SPAG page that explains the authority that Principals have to permit and deny entry on to the school premises. • It also summarises the process for denying entry and the potential consequences for a person who fails to comply with a Trespass Notice

14. CHILDREN, FAMILIES AND EDUCATION LAW UNIT Resources Available - Continued • Subpoenas & Witness Summons • NEW SPAG page and Information Sheet that explain the concepts of subpoenas and witness summonses and the legal obligation to comply with them.  • It also explains the need to be mindful about the content of the documents and oral evidence to be provided Coming Soon: • Reporting children in need of protection: • REVISED SPAG page that explains mandatory reporting obligations as well as other reports that can be made to DHS Child Protection. • It summarises how a report should be made. • It summarises indicators of harm.

15. COMMERCIAL AND PROPERTY LAW UNIT • The Commercial and Property Law Unit provides advice on a wide range of DEECD Corporate and School Council commercial and property matters. • Key areas of service for Schools include: • agreements for the third party use of surplus school premises (particularly hire agreements and licences) • contracts for the purchase of goods and services • legal issues associated with school council agreements such as: • conditions of occupation and use • further terms and extensions • payment obligations • releases and indemnities • disputes with licensees and contractors • contract management issues (such as termination rights) • disputes with school neighbours (for example, fencing and noise complaints)

16. COMMERCIAL AND PROPERTY LAW UNIT TOP TIPS • General • Agreements tend to be biased toward the party that drafted them - Use a Department template document wherever possible • Make sure the School Council is the party to the contract, not the School itself. • Know the other party – What is their “legal” name? Are they experienced? • Read the contract, the whole contract. If you are in doubt, contact the Legal Division. • Procurement: • Pricing and Delivery Issues – How much will it cost? When will you have to pay? What will you be getting? • Getting out of the Contract – Poor performance, poor delivery, change of mind? • Renewal of the Contract – Be wary of automatic or limited periods for renewal • Default – Does non performance (by the contractor) give you a right to terminate

17. C&PL - Resources available! • Commercial and Property Law Unit: • Purchasing goods and services • Request for quotation • Purchase of goods and services agreements (short and long form) • Purchasing school uniform agreements • Shared use of facilities • Hire agreements • Stall holder agreements • Licences (including canteen, polling place, OHSHC, pre-school, community gardens, uniform business) • Joint use agreements • Cleaning contracts • Checklist for cleaning contracts • Cleaning agreement • FAQs: polling place licences, cleaning, insurance, purchasing, fences. • Information sheets: chasing up bad debts, contracting tips, trademarks, invoice scams

18. More resources and how to contact us • Schools Policy and Advisory Guide: http://www.education.vic.gov.au/school/principals/spag/Pages/spag.aspxHR Web • Be mindful of Legal Professional Privilege (keep legal advice confidential) Legal.Services@edumail.vic.gov.au • Phone: 9637 3146 • Hours: 8.30am until 5.30pm