Analysis of the Legal and Judicial System in Community Services

This report provides an overview of the legal and judicial system within community services, focusing on key aspects such as child protection and the definition of new criminal offenses related to the abuse of children under 16. It discusses the responsibilities of individuals in positions of authority, including those in religious bodies, educational institutions, and care services, who have a duty to protect children from sexual abuse. The report also highlights the rights of clients receiving community services, emphasizing the importance of customer satisfaction and the need for service providers to maintain reasonable standards. It examines the interplay between individual client rights, the rights of their families, and the broader community, particularly in relation to vulnerable populations like children and the elderly. The report references relevant legislation and guidelines, including those from the Department of Health and Human Services, and discusses the implications for various organizations and service providers.

Running head: LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES
LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES
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Author Note:

1LEGAL AND JUDICIAL SYSTEM IN COMMUNITY SERVICES
1. A policy can be regarded as a set of principles used for making decision. It is also used to
provide guidance to decisions and achieving the rational results. A policy is basically a
statement showing intent and is implemented like a protocol or procedure.
2. The main objective behind policy is that it provides a plan of actions that can be used to
provide guidance to result desired outcomes and it is the fundamental guideline to be
followed for making decisions.
3. The Department of the Health and Human Services is responsible for publishing policy s
well as funding guidelines annually for funded agencies. It corresponds to the community
services policies and principles of 2019.
Part 2:
1. A new type of criminal offence has been identified for protecting the child below 16
years of age from risk of sexual abuse since 1st July of 2015 (Wright, Swain &
McPhillips, 2017). The offence is applicable to the person in authority that possesses the
duty of authority or supervision on the children. Such person will said to commit an
offence if they are aware of the risk of exposing the child to sexual abuse or he has the
authority and the power to remove or even reduce the risk but had failed to do it due to
negligence.
2. The relevant organizations in this regard are the churches and similar religious bodies,
educational and care services like family daycare service, kindergarten services, outside
school timing service, child care centres, licensed services of children, schools or other
educational centres, boarding schools, youth organizations and others.
3. The above discussed offence is applicable to any person in authority in an organization
that provides care, supervision as well as authority on the children. These persons include

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staffs from Department of Health & Human Services as well as those volunteering or
working for other organizations, even those not funded by the department. The person in
authority is actually one who due to their position in the organization possesses the power
as well as the duty to remove or decrease the substantial risk subjected to the child sexual
abuse. Examples of such person in authority in an organization include school principals,
religious leaders and others.
4. The relevant child is the one who was subjected to sexual child abuse due to negligence
by the person in authority. Such child must be below 16 years of age and who has come
or may come under the care, authority or supervision of any relevant organization.
5. The alleged offence requires the person who is in authority to act when they have the
knowledge that a person who is associated with that organization may pose a substantial
risk of committing child abuse. Such persons include adult sexual offenders who are
registered and getting services from department will not be taken into consideration to be
in association with the organization only because they are department’s client.
6. Substantial risk means there is a high chance and strong possibility that the risk may be
resulted. It means that an adult person who is associated with the orgaisation can commit
sexual offence towards any relevant child. To consider whether a risk can be considered
to be substantial or not, the court will take into consideration various factors.
7. The person may know that a child is in a risk of child abuse when he can have observed
that there are similar instances happened previously.
8. The alleged offence did not criminalise public members on their failure to protect a child
from risk of sexual abuse as it is applicable to the person in authority of an organization
that has the duty to care, supervise over children.

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9. The failure to protect child from sexual abuse will make the person in position in
organization will be liable to commit the offence if they failed to remove or reduce the
sexual abuse on the child.
10. Failure to protect the child from sexual offence will be treated as a criminal offence with
a maximum penalty of imprisonment for 5 years.
Part 3:
1. The service providers must consider that they are providing services to the clients such
that they are satisfied with the services received by them. The customer satisfaction is the
main aim of the service providers. The clients are paying for receiving the service from
them. Hence, it is their right to get reasonable quality of service. This right must be
recognized by them. The demands of the clients may vary from one to another, hence, a
reasonable standard is to be maintained by them so as to stay in the market by adhering to
satisfy their demand or right of getting proper service.
2. The clients have rights to get best quality services from the service providers. The rights
of one client may infringe or even supplement the right of the community. The right of an
individual varies like that of the communities. Every person has different demands and
perspectives. So the right and demand of one client cannot be confused with that of other.
3. The workers are the main backbone of any society. They always strive to fulfill the rights
and demands of the clients as well as that of the service providers. The workers generally
work in a collective manner without giving due to regard to their own demands or rights.
They only work to perform their duties.

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4. The client’s family as well as other members also have the same outlook as that of the
clients. They also try to fulfill their demand and exercise their rights only without
considering the community’s aims or rights.
5. The community or the society is formed of a group of people. The society act as a unit for
fulfilling the common goal of the people. The society has the same outlook towards its
rights and duties. These rights and duties do not change from one society to other.
6. When the rights of involuntary clients, children, prisoners , incapacitated or elderly
people are considered, their rights always subjected to certain terms and criteria and they
are mostly dependent on other members.

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References:
Wright, K., Swain, S., & McPhillips, K. (2017). The Australian Royal Commission into
Institutional Responses to Child Sexual Abuse. Child abuse & neglect, 74, 1-9.