The Law of South Australian Jurisdiction


Added on  2020-04-21

9 Pages4562 Words304 Views
Healthcare and ResearchLaw
TUTORIAL QUESTIONS1.THE LAW OF WHICH JURISDICTION WILL PREVAIL FOR A PERSON WHO HASCOMMITTED A CRIMINAL OFFENCE IN SOUTH AUSTRALIA?For the criminal offence committed in South Australia, the law of South Australianjurisdiction would be applicable, in addition to the laws of Commonwealth.2.GIVE 3 EXAMPLES OF FEDERAL LEGISLATION AND STATE LEGISLATION?The examples of State legislation include the Fair Work Act 1994, (SA), the InterventionOrders (Prevention of Abuse) Act, 2009 (SA), and the Children’s Protection Act 1993 (SA). The examples of Federal legislation include the Disability Discrimination Act, 1992 (Cth),Racial Discrimination Act, 1975 (Cth), and Sex Discrimination Act 1984 (Cth).3.MAKE A LIST OF TYPES OF LEGAL ISSUES HUMAN SERVICE WORKERS MAYENCOUNTER WHEN CARRYING OUT THEIR DUTIES?While carrying on the duties of a human service worker, they may be faced with differenttypes of legal issues. These relate to the employment laws, the division between the federaland state laws, and the clash between legal and ethical issues, the criminal law issues, courthierarchy, centrelink, youth justice system, family law matters, children and young childrelated legislations, and the housing and finance laws. 4.HOW WOULD YOU APPLY O'LOGHLIN'S REASONING TO A HIGH PROFILE LEGALCASE ABOUT WHICH THERE IS A LOT OF COMMUNITY DISCUSSION?O'Loughlin's reasoning helps in gaining an understanding on how the epistemic violenceworks. When applying O'Loughlin's reasoning, there is a need to differentiate between theclaims made and the literal definitions of the offences. O'Loughlin’s reasoning in essenceaddress the moral grounds of the human rights claims and asks for the application ofpractical reasoning in international affairs. Thus, O'Loughlin’s reasoning offers a freshmanner of thinking about the problems in a compelling, serious-minded and lucid manner. For a high profile case, O'Loughlin’s reasoning dictates the use of these tools. There is aneed to decide the manner by applying practical reasoning despite community discussionson the matter. 5.SUMMARISE IN YOUR OWN WORDS WHAT EACH OF THE AASW AND ACWA CODESOF ETHICS HAVE TO SAY ABOUT MEMBERS’ RESPONSIBILITY WHEN FACED WITHCOLLEAGUES’ UNETHICAL BEHAVIOUR? WHICH SPECIFIC CLAUSE AND SUB SECTIONOF EACH CODE APPLIES?The ACWA code of ethics, particularly Code 3, provides the responsibility of the communityworkers towards their colleagues. A part of this responsibility is discussing any kind ofunethical behaviour being observed in a colleague directly with their colleague till such tiewhere doing so could result in a risk being posed on the practitioner or the client. The AASW code of ethics, through Code 5.3, point j, makes it a responsibility of the socialworkers to address the confirmed or suspected professional misconduct, incompetence,
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TUTORIAL QUESTIONSunethical behaviour or negligence by a colleague through the appropriate organisational,professional or legal channels.6.YOU ARE RESPONSIBLE FOR INDUCTION OF 2 NEW STAFF MEMBERS TO YOURMULTI-DISCIPLINARY WORK TEAM. ONE IS A BSS (HUMAN SERVICE) AND THEOTHER IS A BSW GRADUATE. WHAT WILL YOU TELL THEM REGARDING CODES OFETHICS WHICH MIGHT GOVERN THEIR BEHAVIOUR? ARE THESE LEGALLY BINDING?On the BSS (Human Service) and on BSW Graduate, the AASW and the ACWA codes wouldbe applicable. These are ethical codes which are not legally binding in nature. And yet, it iscrucial to follow the requirements laid down under this code as these codes identify thevalues and the ethics which are underpinned in the social work practice. These can oftenresult in a clash with the legal requirements, which require the social work practitioners todeploy the skills of ethical decision making. 7.SHOULD A HUMAN SERVICE WORKER HAVE A SEXUAL RELATIONSHIP WITH ACLIENT? IF NOT, WHY NOT? WHAT WOULD BE A CONFLICT OF INTEREST FOR AHUMAN SERVICE WORKER? (REFER TO THE AASW CODE OF ETHICS)Code 5.1.6 of the AASW code of ethics, particularly point j, requires the human serviceworker to avoid dual or multiple relationships with the clients, former clients, researchparticipants, students, supervisees or colleagues. Where these can be avoided, they have tobe avoided and where these cannot be avoided, the human service workers are to set andenforce the professional boundaries for minimising the chances of conflict of interest. Code5.1.7 requires that sexual relations are not to be made with the clients and when these dotake place, these have to be declared to the relevant parties. Thus, so far is possible, sexualrelationships with clients have to be avoided. 8.IMAGINE A CLIENT HAS BEEN ARRESTED AND IS BEING HELD IN THE CELLS AT THECITY WATCH HOUSE. THE CLIENT CALLS THE HUMAN SERVICE WORKERMANAGING THE CASE AND CONTACTS A LAWYER. THE CLIENT WANTS TO BERELEASED ON BAIL. HOW MIGHT THE ACTIONS AND ANSWERS OF EACHPROFESSIONAL BE DIFFERENT? WHAT LEGISLATION WOULD APPLY HERE?The manner in which the answers are given by a representative of the client differs on thebasis of the profession of the representative. For instance, a human service worker woulddeploy ethical policies in the matter of actions and answers, whereas, a lawyer would adoptan entirely legal perspective to answer and undertake actions. The matters related to bailare covered under the Bail Act, 1985 (SA). 9.YOU ARE A PROJECT MANAGER FOR A GOVERNMENT FUNDING AGENCY. YOUROFFICE HAS RECENTLY AWARDED FUNDING TO AGENCY BB WHICH SUPPORTSELDERLY PROFESSIONALS. YOU HAVE RECEIVED A COMPLAINT FROM AGENCY CCWHICH OPERATES ON VERY LIMITED FUNDING AND PROVIDES SERVICES TOHOMELESS PEOPLE. THIS AGENCY SUBMITTED THEIR FUNDING APPLICATION 2DAYS LATE DUE TO THE HOMELESSNESS EMERGENCIES THEY WERE HANDLINGOVER THE PAST WEEK. AS A RESULT, THIS AGENCY WILL NOT RECEIVE FUNDING
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TUTORIAL QUESTIONSNOW AND WILL HAVE TO CLOSE. HOW WILL YOU RESPOND TO THEIR COMPLAINT -WHAT ARE THE PRINCIPLES THAT YOU WOULD NEED TO ABIDE WITH AND YOURRESPONSIBILITY AS THE FUNDING BODY?As a funding body, it is the reasonability to make the decisions on everyday basis,particularly after analysing the adverse impact of their decisions on the clients. In thisregard, the funding body would have to consider the emergency situation of the agency CCand would have to give them additional duration to file the application or accept the latefiled application due to the support which the agency provides to the to the homelesspeople, particularly based on principles given under ACWA code of ethics. In doing so, theycan split the funding given to agency BB as they already have elderly professionals who canstill earn for themselves. There is a need to consider the homeless emergency and thus givefunding to agency CC. 10.ONE OF YOUR CLIENTS (AGED 20 YEARS) HAS BEEN DEPRESSED FOR SOMEMONTHS AND YOU HAVE BEEN ENCOURAGING HER TO GO OUT TO MEET PEOPLESOCIALLY SO THAT SHE IS NOT SO ISOLATED. UNFORTUNATELY, WHEN SHE DOESTHIS SHE GOES TO THE PUB, DRINKS RATHER TOO MUCH ALCOHOL AND ON THELAST OCCASION SHE GOT INTO A FIGHT WITH HER EX-PARTNER WHO WAS THEREWHEN HE CALLED HER A 'LOSER'. THE CLIENT WAS ARRESTED FOR ASSAULT ANDTELLS YOU SHE IS JUST GOING TO SAY NOTHING, PLEAD GUILTY AND GET IT OVERWITH. WHAT WILL YOU SAY TO HER AND HOW CAN YOU ASSIST?As a human service worker, it is the duty of the human service worker to liaison with thelawyer with the permission of the client. Where the client refuses to give such permission,the client has to be made to understand the consequences of not taking the advice. Thefaith of the client in criminal justice system and in work of human service workers has to bereinforced. Steps have to be taken to ensure that the client raises voice against violence andraise the issue against abusive partners. In this regard, the AASW and the ACWA codes ofethics would be applicable on the human service worker where the worker would be underan ethical obligation to assist the client. The human service worker in this case would alsohave to provide psychological help to the client in order to help her due to her pastdepression and to not lose hope. 11.THE SAME CLIENT WANTS YOU TO GO WITH HER TO HER INTERVIEW WITH THEPOLICE. HOW WILL YOU SUPPORT HER?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 ofparent, guardian or a human service worker. The human service workers give the requisitesupport to the clients during the police interviewing, like assisting the bail formalities, legalrights knowledge and making an interpreter being present during police interviewing. Theclient would also be supported as she has mental health issue of depression, during thepolice interviewing. They have to be made aware of their legal rights, particularly the rightto remain silent, right of a person being present during interviewing and a right to have aninterpreter present during police interviewing.
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