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  • LawSense School ICT Law

LawSense School ICT Law

  • 14 Oct 2020
  • 2:00 PM - 4:15 PM
  • Online

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 NewmanPrincipal, 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


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