South Australian Law and Social Services

This assignment delves into various facets of South Australian law with a focus on social services. It examines the Intervention Orders (Prevention of Abuse) Act, 2009, the Children’s Protection Act (SA) 1993, and the Young Offenders Act (SA) 1993. The assignment explores topics such as intervention order breaches, family care meetings, community youth justice, housing discrimination under the Equal Opportunity Act 1984, and the role of SACAT. Students must demonstrate knowledge of legal provisions, their applications, and implications for individuals and communities.

HUMAN SERVICE WORKERS AND THE LAW JUST 2005
REVISION WEEK 1 – 3 SHORT ANSWER QUESTIONS TO COMPLETE AS PREPARATION FOR
THE EXAM AT THE END OF THIS COURSE. FOR SOME OF YOUR ANSWERS YOU NEED TO
WRITE 2 TO 3 SENTENCES AND YOU CAN USE YOUR NOTES AND LECTURE POWER POINTS
IN ANSWERING THE QUESTIONS.
1. DESCRIBE THE POWERS AND FUNCTION OF THE HIGH COURT OF AUSTRALIA
The High Court of Australia is the highest court in the judiciary system of the nation. Back in
1901, the High Court was formed through section 71 of the Constitution. The main function
of the High Court is to interpret and apply the laws in the nation, and to decide upon the
cases which have been referred to it particularly the ones challenging the constitutional
validity of laws, hearing appeals, by special leave.
2. WHAT IS MEANT BY THE SEPARATION OF POWERS
Separation of powers refers to the division of powers in the institution of the government in
the three distinctive branches of executive, legislative, and judicial. The lawmaking power is
with the legislative branch, the executive branch puts the laws in operation and the judiciary
branch interprets the laws.
3. IN SECTION 51 OF THE AUSTRALIAN CONSTITUTION NAME 3 AREAS THAT HUMAN
SERVICE WORKERS MAY BE INVOLVED IN WORKING WITH CLIENTS
Section 51 of the Australian Constitution gives the powers to the Commonwealth, i.e., to the
Australian Parliament, which are legislative in nature, when subjected to the constitution.
Under this section, there are 39 subsections, where each of these is described under a head
of power where the Parliament has the lawmaking power. The examples for which the
human service workers may be employed in includes parental rights, custody of infants, and
guardianship of infants.
4. IN THE AASW AND ACWA CODE OF ETHICS THERE IS A REQUIREMENT TO SPEAK OUT
ABOUT SOCIAL INJUSTICES, DISCUSS THIS?
The Codes of Ethics given by the AASW and the ACWA work to address and redress the
injustice which affects the lives of the socially disadvantaged, clients and client groups.
These codes work towards brining systematic social changes for reduced social injustice.
Thus, whenever such incidents occur where social injustice is caused these codes require
that the same should be brought to the attention of others.
5. USING THE UNIVERSAL DECLARATION OF HUMAN RIGHTS DISCUSS WHAT HUMAN
RIGHTS ARE
The United Nations have adopted the Universal Declaration of Human Rights, which relates
to the protection of human rights across the globe. Human rights are the born rights of
every human being irrespective of their sex, race, language, ethnicity, religion, or any other
status. So, a person has the right to be free from slavery and torture, and express their
opinions in a free manner.

HUMAN SERVICE WORKERS AND THE LAW JUST 2005
6. NAME 4 PIECES OF LEGISLATION IN AUSTRALIA THAT PERTAIN TO HUMAN RIGHTS
(CAN BE COMMONWEALTH OR STATE LEGISLATION)
In Australia, on order to protect from any kind of breach of human rights, different
legislations have been put forward. These include Australian Human Rights Commission Act,
1986 (Cth), Age Discrimination Act, 2004 (Cth), Disability Discrimination Act, 1992 (Cth),
Racial Discrimination Act, 1975 (Cth), and Sex Discrimination Act 1984 (Cth).
7. DISCUSS PRINCIPLES OF ETHICAL DECISION MAKING AND HOW DILEMMAS COULD
BE WORKED THROUGH BY HUMAN SERVICE WORKERS
In the work of human service workers, they are often faced with ethical dilemmas. These
are such situations in which the options available before the workers are neither exactly
right, nor exactly wrong, and thus making the decision becomes a difficult task. In this
regard, there is a need to make ethical decision making by applying different ethical theories
like utilitarianism, virtue ethics and Kantianism.
8. UNDER THE CODE OF ETHICS THERE IS A REQUIREMENT OF CONFIDENTIALITY, WHAT
ARE SOME LIMITATIONS TO MAINTAINING CONFIDENTIALITY
Confidentiality is a key component in social work as the social workers have to ensure their
clients that confidentiality would be maintained when the issues of the clients are dealt
with, particularly when it relates to some sensitive information. The requirement of
confidentiality is covered under Codes of Ethics given by the AASW and the ACWA.
However, there are limitations in keeping confidentiality particularly due to its ethical
concerns. Often information or a complaint may not be relied on due to anonymity of the
client upheld by social workers. Limitations also include such situations where failure to
disclose information would contravene mandatory reporting requirements or other legal
obligations.
9. WHAT ARE THE AIMS AND PURPOSE OF DIVERSION COURTS, NAME 2 DIVERSION
COURTS IN THE MAGISTRATE COURT AUTHORITY IN SA
The diversion courts come under the Magistrate Authority in South Australia. The key goals
of such courts is to prevent the further offending behaviour by giving access to the person
to an early assessment, intervention and services through which the offences of such person
are addressed. Examples of this include Nunga (Aboriginal) Court and Family Violence Court
(Abuse prevention program).
10. DISCUSS PROCEDURAL FAIRNESS AND HOW YOU COULD ASSIST A CLIENT TO
CHALLENGE A CENTRELINK DECISION
An individual has the option of applying for a review on an adverse decision which had been
made, when the rules of natural justice were not followed, resulting in procedural fairness
was not followed. Centrelink is a department of Commonwealth which has to follow
procedural fairness. A decision of Centrelink can be challenged by appealing against it.

HUMAN SERVICE WORKERS AND THE LAW JUST 2005
REVISION WEEK 4 – 8 SHORT ANSWER QUESTIONS TO COMPLETE AS PREPARATION FOR
THE EXAM AT THE END OF THIS COURSE. FOR SOME OF YOUR ANSWERS YOU NEED TO
WRITE 2 TO 3 SENTENCES AND YOU CAN USE YOUR NOTES AND LECTURE POWER POINTS
IN ANSWERING THE QUESTIONS.
1. Name 3 pieces of legislation that relates to criminal law in SA that human service
workers may need to know about in working with some clients?
The three legislations which should be known to the human service workers regarding
criminal law of SA includes Criminal Law Consolidation Act, 1935 (SA), Summary Offences
Act, 1953 (SA), and Criminal Law Sentencing Act 1988 (SA).
2. How might the Legal Service Commission SA be helpful to human service workers
working in the community?
The Legal Service Commission SA plays a crucial role in community education, advice and
also in legal representation. It plays an important role in giving legal representation to
migration, criminal and family matters; in giving legal advice in person or through phone to
members of public; and also giving legal education.
3. How could you support a client through the police interviewing process?
When a client is being interviewed by police, the human service workers are often involved.
The young people are not allowed to be interviewed by police without the presence of
parent, guardian or a human service worker. The human service workers give the requisite
support to the clients during the police interviewing, like assisting the bail formalities, legal
rights knowledge and making an interpreter being present during police interviewing.
4. What is the purpose and the objects of the Intervention Orders (Prevention of Abuse)
Act (SA) 2009?
In South Australia, the Intervention Orders (Prevention of Abuse) Act, 2009 allows the courts
to make an order to protect people from abuse. Any person who is experiencing domestic
violence can apply to the Magistrates Court of South Australia for getting an Intervention
Order pass. The purpose is thus to prevent incidents of abuse injuring another person.
5. What skills and knowledge do you need to have to work in the area of domestic
violence?
As a human service worker, a person needs to have the required knowledge of social
political and behavioural sciences, apart from holding the skills which are required to work
in a varied range of fields which relate to social policy and human services. There is a need
to have the knowledge and the skill for the human service worker to know the manner, in
which the victim or the perpetrator is to be approached, the impact of such incidents and
the manner of seeking protection from such acts for the clients.
6. What happens when an Intervention Order is contravened?

HUMAN SERVICE WORKERS AND THE LAW JUST 2005
The breach of a terms of an intervention order is deemed as an offence and a person guilty
of such offence is awarded a maximum penalty of imprisonment for two years and such
person can also be awarded a maximum penalty of fine of $1,250.
7. What are the aims and objects of the Children’s Protection Act (SA) 1993?
The aims and objectives of the Children’s Protection Act, 1993 (SA) is to provide care and
protection to the children in such a manner that the opportunity for growth is maximized
for the children and that too in a safe and stable environment, which could enable the child
in reaching their full potential.
8. Discuss family care meetings as defined in the Children’s Protection Act (SA) 1993?
Under this act, the family care meetings are convened under section 27 by the Minister. The
purpose of these meeting under section 28 is to give the proper opportunity to the family of
a child to make informed decisions regarding the protection of the child and also regarding
the securing of care arrangements of the child.
9. What are the aims and objects of the Young Offenders Act (SA) 1993?
The Young Offenders Act, 1993 (SA) aims to secure the youths who have offended and
where the care, guidance and correction is necessary for the development of such youths as
useful and responsible members of community, based on the proper realisation of their
potential. The emphasis of this act is on providing justice and retribution to the youths.
10. Discuss community youth justice?
Community youth justice has the mission of providing focused, responsive and culturally
appropriate services and programs to supervised young people particularly the ones which
encourage pro-social behaviours through development of partnerships which strengthen
connections, support re-integration and build community safety.
11. Discuss housing and discrimination and name the piece of legislation in SA that
relates to this?
Under the Equal Opportunity Act 1984, it is illegal to discriminate against any person due to
their race, marital status, age, sex, sexuality, pregnancy, or disability when the person
makes attempts to get accommodation including staying in hotels, caravan parks, motels, or
renting rooms, flats or houses.
12. What is the role of SACAT and what cases can be hear there?
SACAT or South Australian Civil and Administrative Tribunal plays an important role in
administration and guardianship. SACAT listens to the cases which relate to guardianship,
housing disputes, consent to medical treatment, mental health, administration and advance
care directives.