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Bushfires can be deadly, but fire, in the right hands, doesn't always destruction. It can be a cleansing force, it can teach us. It can allow germination of new growth and life. Life is like that. Manure can be a stinking pile of something nasty.... or in the right hands, a fertile growth medium for an amazing garden. The difference between the two options? Destruction and stink or growth? Our attitude and skills mostly. I've been thinking about this a lot lately as I prepare to speak at the upcoming TVED Masterclass. My topic is one that sits close to the bone for every school leader I've worked with: what do you do when parents become problems?
The conflict I'll be exploring at the masterclass isn't student-on-student. It's parent-on-school — and anecdotally it seems to be escalating. In my paper for the conference, I draw on the work of Bill Eddy from the High Conflict Institute and Dr Grant Lester to describe the spectrum: from the genuinely concerned parent with a legitimate complaint, through to the high conflict personality who is, frankly, exhausting everyone. The parent who sends forty emails in three weeks. The parent who plans to go to A Current Affair/Today Tonight/ facebook. The parent who arrives with an overflowing folder, speaking in third-person legalistic style, who is initially charming but then turns on you. These behaviours are costing schools enormously—not just in time and patience, but in the psychological safety of staff. We know from research that teacher-targeted bullying and harassment by parents is a real and growing issue. And increasingly, AI is making things murkier: I've seen school lawyers tearing their hair out over aggressive, legally-fluent sounding (but incorrect!) emails that turned out to be ChatGPT-generated by a parent who was actually perfectly reasonable in person. I suggest that the first question shouldn't be "How do we protect the school?"—though that still matters. The first question is: What is the truth here, and how do we care for everyone involved?. Invariably, these things ultimately will protect the school. In my masterclass, I'll be working through the practical realities: the legal frameworks that give you power to act, the de-escalation skills that help you act wisely, and the record-keeping that backs you up when you need it. We'll talk about what your enrolment contract should actually say. We'll cover the different legislative pathways across states and territories for excluding a parent from campus when all else fails. We'll talk about family separations, about who gets what information, and about how to protect staff. . But more than that, I want attendees to engage in some reflection. A chance to think through these challenges not just as legal problems, but as human ones. Because the goal isn't just to avoid disaster. It's to create a culture where safety and rights aren't competing interests, but complementary forces working toward good of your communities. Conflict is not the end of the story. It can be the beginning of a better one. Join me for the TVED Masterclass: Student Rights, Safety, and School Risk Date: 27 August 2026 Format: Online One-Day Masterclass Register here: TVED Masterclass Link Need help with an active matter? We provide confidential scoping conversations at no cost to help you find your footing.
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On 1 July 2026, Queensland's Reportable Conduct Scheme (RCS) officially commenced under Chapter 3 of the Child Safe Organisations Act 2024 (Qld). The scheme—overseen by the Queensland Family and Child Commission (QFCC)—represents a significant shift in how organisations across the state must report, and respond to allegations of harmful conduct of children by workers and volunteers.
Child safe organisations should be aware that there has been a recent minor amendment to the information required in a reportable conduct initial report to QFCC - the workers government id numbers. This could include their working with children authority, QCT registration number, drivers license number, etc. If you have an initial report form that covers the requirements of section 35 - make sure it is updated to include this information. And watch this space - we are expecting further fine tuning as the scheme is implemented! Fire doesn't start with a blaze. It starts with an ember — a rumour that has been circulating without leadership's knowledge, a disclosure that sparks a fire, a parent complaint that lands on the principal's desk at 2:55pm on a Friday afternoon . Left unchecked, that spark or smouldering can ignite a fire that then spreads, consuming all in its path. Before long the School or organisation is dealing with an allegation that now threatens innocent reputations and relationships, and the peace and safety of the community itself.
For independent schools and faith-based organisations in Queensland, the Child Safe Organisations Act 2024 has made the expectations clearer than ever: when an allegation involving a child arises, institutions must act promptly and decisively, investigate thoroughly, and extinguish the flames. In this way, the children in their care are protected from harm (or further harm). Today we are chatting through what is the same between a normal workplace investigation and a reportable conduct investigation, and what needs to be done differently. What Is Reportable Conduct? Reportable conduct in Queensland includes allegations or information leading a person to form a reasonable belief that an employee, volunteer, or contractor associated with an organisation has:
The threshold is an allegation being made or information being received that leads a person to form a reasonable belief — not certainty. Schools are not expected to prove the allegation before reporting; they are expected to recognise when a matter crosses into reportable territory and respond accordingly. Queensland's Framework: What Has Changed? The Child Safe Organisations Act 2024 brought Queensland into alignment with broader national momentum toward mandatory child-safe standards. For independent schools, the key shifts in terms of investigation of issues are:
Queensland's scheme mirrors elements of the NSW Children's Guardian Act 2019 and Victoria's Child Wellbeing and Safety Act 2005, but the procedural nuances differ in ways that matter. Schools operating across borders must ensure their investigation approach satisfies the applicable regime (and if it relates to conduct in more than one state, with both). Why internal investigations can fail the Regulator's expectations: When a complaint ignites, the instinct for many schools is to handle it in-house — assign it to HR or compliance, or a leadership team member. The intention is sound: protect privacy, act quickly, keep control of costs. But this approach introduces some critical risks, as seen in other states and territories who have had a similar scheme for some time: Risk #1: Insufficient Independence: This is the issue regulators in other states have consistently been concerned about. When an investigator sits within the same organisational hierarchy as the person whose conduct is under review — or has professional relationships with key witnesses — the entire investigation can become vulnerable. The regulator must be satisfied that the investigator was sufficiently independent of the situation being investigated. An internal HR manager who has a working relationship with multiple witnesses, or a leadership staff member who supervises the team that includes the staff member under investigation often carries inherent biases that can undermine the integrity of findings before evidence is even examined. Regulators in other states and territories have criticised internal investigations on the basis of not being sufficiently arms length, and required schools and child safe organisations to obtain an independent investigator to look at the matter with fresh eyes. External investigators eliminate this risk. They bring no (or limited) prior relationships, no institutional loyalties, and no career incentives or requirements to work with the people involved on a daily basis. Their findings stand or fall on the quality of the process and evidence available. Risk #2: Process Challenges: Investigations must be robust and meet the usual natural justice requirements - that is, respondents are entitled to natural justice — to know the case against them and the opportunity to respond before findings are made. It is criticial for there to be clear and documented interview protocols, clear links between evidence and findings, and a report that sets out the evidence, the reasoning and the findings and consequent recommendations. They need to stand against a legal challenge. However, the Act requires additional obligations to "normal" workplace investigations - cultural safety, the opportunity for a child to express a view, and providing an additional opportunity to a worker that is the subject of a the reportable allegation to respond after a preliminary adverse finding notice is given to them. Failure to ensure a good process that complies with the Act will leave the organisation open to criticism by the regulator. Risk #3: Trauma-Informed Practice Gaps Standard corporate investigation techniques can cause secondary harm to child witnesses, complainants, and even respondents. The way the process is designed, questions are framed, where and how interviews are conducted, and the language used in findings — all of these matter. Investigators must understand how to gather evidence rigorously while treading sensitively and minimising re-traumatisation for all the people involved. Investigators that don't have significant experience working with victims of trauma, including working with victims of domestic violence, sexual violence, and extensive bullying can often miss nuances that are critical. We don't. With over 20 years working with victim-survivors of domestic violence, physical and sexual violence, and workplace harassment and bullying, we see what sometimes gets missed. We understand that taking time and building rapport with witnesses is a critical first step to them trusting you with their story. Many investigators in this space are used to interviewing adults - but speaking with kids adds a layer on top that needs different approaches to interviewing. As an Independent Children's Lawyer and as a staff member within a school, our Principal has spoken to plenty of kids in tough situations. Not your "normal" lawyer. Risk #4: Multi-Jurisdictional conundrums.... An allegation involving a staff member who previously worked within your organisation in multiple states? What about where the allegation involves a staff member from Queensland who was on premises at a NSW camp site when the alleged conduct occurred? You need an investigator who can comply on both sides of the border! Like us! The Window Between Ember and Blaze The most dangerous moment in any reportable conduct scenario isn't the allegation itself — it's the gap between when a concern surfaces and when decisive, compliant action begins. That gap is where fires take hold. Schools and organisations that wait, deliberate without expert input, or attempt to quietly resolve matters without proper process are allowing the ember to ignite. Our school communities deserve better. The strongest institutions aren't the ones that never face an allegation. They're the ones that respond with speed, independence, and expertise — containing the fire while preserving the trust at the heart of their community. Need Help With an Active Matter? Whether you're managing an active allegation or reviewing your institution's readiness before something arises, we provide confidential scoping conversations at no cost. Fiona Manderson — practising solicitor since 2005, AMDRAS accredited mediator, Family Dispute Resolution Practitioner — brings twenty years of experience supporting schools and faith-based organisations through their most challenging moments. Start with clarity. End with peace. Our attitude to conflict, like our attitude to fire, is critical. I’m reminded of an old man, highly experienced in managing fire in forests of NSW. When a neighbour popped in to check on him given the amount of smoke in the area, he shuffled to the door and looked out and drawled slowly and deliberately, “It’s near the old quarry. Let it go. It will do a powerful lot of good in there cleaning things out.” He saw the fire at that particular time of the year in that particular location as a beneficial situation. He was a skilled hand - understood the benefit of fire, the terrain it was operating in, and the weather conditions. And he saw the benefits the fire would offer the forest at that time. Others in the neighbourhood were busy packing their bags!
If you consider conflict a scary and destructive force, the strong likelihood is that you will either run from it and avoid it at all costs (packing your bag!), or insist that conflict be stopped immediately – even if that is not necessary and might stop the clean out and opportunity for new growth. Mediation gives the option of exploring the conflict, allowing it to clear the weeds away and permit new growth to be possible. It allows something that could be scary and destructive to be managed as a useful tool for the benefit of those involved. It permits new growth. So next time you find yourself involved in a conflict or managing those involved in a conflict? Don’t run, and don’t extinguish it immediately. Stop and contemplate… maybe this is an opportunity rather than a threat. I am delighted to announce that I will again be presenting at the 11th Annual Schools Law & Regulatory Conference, hosted by The Education Network (TEN), taking place on 21–22 May 2026 at Crown Melbourne (and online). I will be presenting on the Thursday on the topic of "When Parents Become Problems" with the goal of helping equip senior school leaders with the tools to tame the fire and safeguard the school's mission and staff wellbeing. I'm also honoured to serve as the Chair for Day 2 where we will be hearing from more of my valued professional colleagues. It's going to be a great conference, and I'm looking forward to seeing as many of you there as possible.
Join us in Melbourne or online! How ever you join in, this conference is an excellent CPD opportunity with rich, relevant topics, networking opportunities, and my highly esteemed colleagues. 👉 Register here via The Education Network See you in Melbourne! Fire is one of those things that people tend to consider is a bad thing – at least, that is how it is generally framed in the media these days. Nevertheless, fire through the ages has been a useful tool, one that societies and individuals valued for the contribution to their life. At times, fire has warmed those around it, has given a heat source to cook on, a source of light in the dark, has been used to refine precious metals, has assisted to cleanse an area, and so far as the Australian bush is concerned, has permitted the indigenous people to regenerate healthy grasslands and many Australian species for many many years. A mere 200 years ago, Australians moved through the bush lighting fires in strategic areas and at strategic times. We were not afraid of fire - it was a tool to be used skilfully for specific purposes.
At some point, our attitude to fire as a community shifted from a tool to be used with care and skill, to something to be feared. Something for which we issue warnings, and watch in horror at the destruction and devastation it causes when we are unable to control it. So whilst the prevailing approach communicated publicly is that fire is bad, fire can be a good thing in the right context and the right hands – and was for most of history. As far as metaphor’s go, fire as a metaphor for conflict has a lot going for it. Both fire and conflict have a great deal in common, and both have both good and bad aspects. For example, conflict managed well in the hands of those skilled at managing it can assist to clear the trash away, leaving a basis for a regenerated and healthy space between individuals. It allows seeds and new growth to sprout. It permits clearing the weeds from the ground, preparing the soil for new understanding to germinate, and potential for new growth. Perhaps a focus on what is important. Alternatively, left unchecked and unmanaged, conflict can run rampant, involving more and more people around the conflict, and increasing the heat and destruction as it moves fast, destroying everything in its path – people, relationships, perhaps even careers. Our logo incorporates flames that are hot representing conflict and allegations, surrounded by a cooling flames on the edges and a cool background. It reflects an approach of applying a cooling professional lens over the heat of complaints and conflict to address the core issues, cool the conflict, and promote the end of the conflict and establishment of lasting peace and regeneration of healthy space. It reflects our by-line: “Cooling the fire of conflict.” |
AuthorFiona is a lawyer, mediator, farmer, and business owner. Archives
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