LawSense School ICT Law

Registration via Lawsense Site

Session 1

Social Media Misuse: Understanding the Limits of the School’s Duty of Care and Supervision Requirements, Managing Devices and Dealing with Online Platforms to Remove Material

Duty of Care, Supervision and Managing Devices

• Cases update: learnings from recent cases about the scope of a school’s duty of care and social media
• Exploring the boundaries of a school’s duty of care where material:
  • is posted by students outside school on their private device
  • is posted on a BYOD device using a non-school network
  • is sent to a student by a student outside the school
  • is posted on social media relating to parties or events which are not school activities, but include students at the school
• Exploring the school’s duty where material is circulated involving images of self-harm
• Exploring best practice in managing devices to meet the school’s duty of care

Sexting and Online Offences

• Legislation update: examining current offences students can commit online and potential consequences
• What is the role or requirement of the school to:
  • investigate allegations made by students or parents
  • report suspicions or allegations of potential offences
  • provide information to the police and what information
• Storing evidence of porn or other offensive material – what are the legal restrictions?

Dealing with Platforms to Remove Material

• Reviewing the obligations of platforms to take down defamatory or offensive material
• Dealing with different platforms – Facebook, Rate My Teachers, Google and others

Jason Newman, Principal, Gilchrist Connell Lawyers

Session 2

Understanding and Obtaining Valid Consent from Students or Parents

• Examining the key elements of informed consent
• Evaluating express versus implied and oral versus written consent
• How is age considered in assessing consent in different circumstances?
• Challenges with consent:
  • what level of information and detail is required to make it “informed” consent?
  • when is a “blanket” consent adequate?
  • when should you also get consent from parents? Should both the student and parent sign the ICT User agreement?
  • can a parent get access to records where a child does not consent?
• Best practice in documenting consent

Tim Kelly, State Manager, CompliSpace