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
