Introduction to Welfare Law

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BACHELOR OF COMMUNITY SERVICESHuman Computer Interaction
Assessment 1 (Trimester 2-2023)
SAP103 Introduction to Welfare Law
Instructions to Students:
1. Address the questions listed below.
2. This is an
open-book assessment.
3. In your answer include only the content covered in lectures, the textbook and
required readings. Include referencing for any textbook and required readings cited
in your answer.
4. The assessment duration is
7 days.
5. This assessment is worth
25% of the overall grade for this unit.
6. Write
no more than 1400 words in total. Please include in your file for submission
only the question numbers and your answers to the questions.
7. Submit your answer file for assessment via Turnitin. Include a cover sheet.
8. Submit your answer online by
Week 5 on Friday 30 June at 11.55pm.
9. The Assessment 1 link will be made available from 7:00pm (EST) Week 4 on Friday
23 June.
10. There are three case studies to complete for this assessment:

Case Study A 10 Marks
Case Study B 8 Marks
Case Study C 7 Marks
_______________
TOTAL: 25 marks

Read the Case Study information
and instructions carefully for each question.

2
Case study A:
Tabitha has been re-admitted to the local public hospital for psychiatric treatment. She has a
Mental Health Tribunal hearing coming up to decide whether she can leave the psychiatric
ward and receive her treatment in the community. Tabitha wants to leave the hospital and
go home.
Tabitha is a long-term client of a community mental health support service. She has been
receiving support from Peter (a community service worker) at the support service for 5
years. She trusts Peter and has asked him to attend the Mental Health Tribunal hearing with
her.
Before the Tribunal hearing, the medical treatment team must write a report on Tabitha’s
medical treatment and her progress in recovering from her mental illness. In the report, the
treatment team have requested that Tabitha remain in the hospital for treatment for a
further 3 months. The treatment team must also advise Tabitha of the time and date of the
tribunal hearing and provide her with a copy of the report that they have prepared as
evidence for the tribunal. The hospital has complied with this protocol.
Peter attends the tribunal hearing with Tabitha. With Tabitha’s consent, Peter presents a
written report that he has prepared which provides details of Tabitha’s past attendances at
the support service. The report includes dates and times of attendance and records the
successful completion by Tabitha of activities organized by the support service.
During the hearing, the Chair of the Mental Health Tribunal asks Peter to talk to the tribunal
members about Tabitha’s family support and her personal relationships, including where
Tabitha will go to live if she is discharged from hospital. Upon hearing this request from the
Tribunal Chair, Tabitha tells Peter that she would like legal advice before she says anything
further to the Tribunal.
Q1. Identify the principle of administrative law that was applied by the hospital when they
advised Tabitha of the Tribunal hearing and give her a copy of their report? (2 marks)
Q2. Is Peter able to advise Tabitha on mental health law and how the law will apply in
Tabitha’s circumstances? Give a reason for your answer (2 marks)
Q3. Describe what Peter can do assist Tabitha with her request for legal advice? (2 marks)
Q4. Describe the process that Peter would need to follow to obtain Tabitha’s informed
consent to discuss her relationship status and living situation with the Tribunal members? (4
marks)

3
Case study B:
Susan is a community services worker with expertise in family violence. She is part of a team
of professionals that visits the local aged facility service fortnightly. Bert has recently moved
to the aged care facility and staff have been concerned about injuries that are evident when
they help him to shower and dress in the morning. During discussions with Bert, he disclosed
that a family member who has been taking care of him has been violent towards him and
takes his pension money. With Bert’s consent, the staff refer him to Susan and her colleague
Jed who is a lawyer. The staff have arranged for Bert to speak with Jed and Susan
immediately about applying for a court order to protect Bert from further violence, and to
discuss safety planning with them.
In your answer to Questions 1, 2 and 3 below please refer to the required reading:
Reading 1 (Week 1 in Moodle): Kennedy, R., Richards, J., & Leiman, T. (2016). Law and
human services: together and apart. In R, Kennedy, J. Richards, & T. Leiman (Eds.),
Integrating Human Service Law, Ethics and Practice (4th ed., pp. 19-42). Oxford University
Press Australia.
Reading 2 (Week 2 in Moodle): Forell, S and Nagy, M. (2021).
Health justice insights: health
justice partnership as a response to domestic and family violence
, Health Justice Australia
Inc, Sydney.
Q5. Identify three benefits to Susan of working in an integrated team with Jed? In your
answer refer to Forell and Nagy (2021) for the common features of a family violence
partnership (3 marks)
Q6. What are the benefits to Bert of being able to speak with an integrated support team at
his aged care facility? In your answer refer to Kennedy, Richards and Leiman (2016) (2
marks).
Q7. What are the inter-professional tensions that Susan might experience working together
with Jed to support Bert? In your answer refer to Kennedy, Richards and Leiman (2016) (3
marks).

4
Case study C:
Beatrice is 12 years old, and she has been having trouble at school. On the weekend
Beatrice attends a netball match organised by Matthew who is a youth worker
employed by a local government run agency.
After the game, Beatrice tells Matthew that she is having trouble at school, and she
wants to change schools because she is frightened of her teacher. Beatrice also tells
Matthew that she has been hiding at the local shopping mall during the day to avoid
going to class. Beatrice gives Matthew a piece of paper with her personal information
written down including her address, her phone number, and the name of the teacher
she is frightened of.
Q8 Discuss whether Matthew is mandated to report his concerns about Beatrice’s
safety under the local legislation in your state? (2 marks)
Q9. Can Matthew ask Beatrice further questions about her experience with the
teacher? Provide reasons for your answer and refer to the Commonwealth Privacy
Act and any limits that apply in collecting personal information (3 marks)
Q10. What is Matthew’s ethical obligation in relation to keeping Beatrice’s personal
information private? Refer to section 5.4.1 and section 5.4.2 of the Australian
Association of Social Workers Code of Ethics (2020) in your answer. (2 marks).
END OF ASSESSMENT

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