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Social Justice | Case Study | Civil Law

   

Added on  2022-08-24

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UNIVERSITY
Social Justice
Case Study
Student Credentials
4/7/2020
Social Justice | Case Study | Civil Law_1

Civil Law 1
Agency Report
Introduction
The Marigold Community Centre at Glenaurie is the one that along with various other
agencies has been trying to assist people in need. Support from all these agencies is
something that has been a contributing effort for making individual’s lives better. They assist
with individuals through their gambling program, help out people with housing issues,
assisting individuals facing problems in families or relations individuals have, and as such. In
the case of Jen she has also been getting help from the Autism Early Intervention and
Therapy Centre at the Westmead Children’s Hospital since her child Bessie has Autism and
she struggles with the day to day activities.
The case
There is a much needed requirement of a policy to be made in order to ensure safety
of the agency in cases like these; it might lead to legal intervention in the Agency’s
documents anytime as the people that are being helped are not someone that agency knows
too well and even in cases like the Jen’s it is unpredictable as to what she or people like her
might do, particularly, the policy regarding not involving the agency in any kind of legal
matters of a client. And, another policy regarding not providing confidential information to
any third party also requires a change. Certain actions that the individuals that are helped by
the agency, can inflict wrongly on the agency’s goodwill and might even create a difficult
situation for the members of the agency and make them liable for everything. To escape this,
the agency requires certain laws or policies that assist with protecting the Agency from
scenarios as such.
Social Justice | Case Study | Civil Law_2

Civil Law 2
Legal Intervention
In order to help the service users or the people agency assists, agency has worked hard
and there is no way that the reputation has to be shattered due to misconduct of a client or an
agent even. The agent here as per the Agency Laws in the Country, owes a duty of care in
regards with the skills and diligence (Law Quarter, 2020). The agency as well as the agent
needs to exercise the care in such cases which they had undertaken to do so. If in situations
where the agent has on his/ her own held themselves out for a trade that has to be carried out,
in such scenario, the agent will be compelled to exercise the degree of care that has been
exercised or has to be while the trade is still going on or being conducted as specified in the
case of Beal v South Devon Railway Co (1864) 3 H & C 337 at 341; 159 ER 560 (McNair,
2016). Also there is a need for constructing or amending the administration in such way that
the principles of the administrative law are utilized and hence protecting the agency from
management issues to be highlighted in legal aspect as well. Abiding by all the aspects
mentioned in the Administrative Decisions (Judicial Review) Act 1977 shall be a beneficial
and might even yield better results. The main principle that applies to the Marigold
Community Centre is the one where standing is not an issue as all the members or the citizens
can access public information whenever they can specially in the case of an authority, as they
can claim information relevant governmental information whenever they can, apart from the
Personal Information of an individual as it is an exception of the abovementioned disclosure.
Hence, no private information regarding the clients of the agency can be provided to the
external party or to a third party (Commonwealth Consolidated Acts, 2020).
Information being shared in the referral report
In the above case, the confessions made by the family that is being treated here by the
agency needs to be protected and the pact of confidentiality as stated in the policy of the
agency needs to be maintained. Confidentiality is a very important aspect in respect with
Social Justice | Case Study | Civil Law_3

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