Critical Analysis of the Legal Context of Social Work

Running head: LAW FOR SOCIAL WORK
Law for Social Work
Name of the Student
Name of the University
Author note

1LAW FOR SOCIAL WORK
Critical Analysis of the legal context of social work
1.
 The main pieces of legislation that permit funds to flow to that area of practice –
According to the Employment Act of Australia, it states that there are provisions that
are applicable in areas where unfair discrimination is caused among the workers. The
specific job that has been mentioned is the role of a director of an organization. This
legislation states that discrimination should not be made among the workers while
they are working in an organization together. Overall, this legislation covers the area
of wages of the workers, time duration and what they are working with. The
Employment Act deals with the sections of relations between the employers and the
employees, trade unions, disputes, lay-off and remuneration of the employees.
However, every employee and employer should not be discriminated or distinguished
based on their sex, caste or religion (Blanpain & Bisom-Rapp, 2014). Therefore, the
whole act governs the area of this social work including the Fair Work Act and the
Fair Work Regulations. It majorly governs the relationship of employee and employer
of Australia. The Worker’s Union of Australia also deals with such strategies that are
applicable in these situations (Milligan et al., 2017).
 The most important legislation to regulate this area of practice – In this social work
that interests the legal context is mainly governed by two legislations. Firstly, the age
discrimination act and secondly the disability discrimination act. The purpose of this
age discrimination act is to make sure that individuals are not treated less favorably on
the grounds of age, education, employment and provision goods and services. These
legislations should control the spheres of indiscrimination among the employees in an
organization (Dau-Schmidt et al., 2016). These are the two most significant
legislations that regulate the area of employment. The Disability Discrimination Act

2LAW FOR SOCIAL WORK
1992 aims in diminishing discrimination among individuals with disability, promotes
community acceptance of people with disabilities as all the other existing members of
the community (Anderson, Brodie & Riley, 2017). Lastly, the purpose of this Act is to
make sure that individuals with disabilities should have same rights to equality before
the law along with other people in the community (Garrison, 2016). No individual
involved with the association should be discriminated racially as well. Therefore, this
area of practice can be regulated with these laws especially as it governs the area of
this.
 The framework of human rights and social justice affecting it – The Australian
Human Rights Commission Act 1986 defines and explains the discrimination based
on the race, color, political, age, origin, criminal record, physical disability and sexual
orientation. The human rights look after these spheres and issues of employment of
law. They fall under the human rights that are affected by the issues of the employer-
employee relationship (Schipani, Milliken & Dworkin, 2016). The social justice also
affects these issues of employment. The framework of human rights and social justice
is connected with the kinds of discrimination that take place in the industries and
organizations (Harten, 2016). As per the human rights, there should not be any such
discrimination that will appear or occur in the employment sectors. The purpose of
social justice is to take care of the individuals who are facing such trouble in the arena
of discrimination at the workplace.
2.  How the legislation that funds the area does require to be monitored?
The legislation of Discrimination Act helps in monitoring and taking care of
the issues of the various types of discrimination that takes place in such situation

3LAW FOR SOCIAL WORK
(Painter & Holmes, 2015). Plenty of organizations, businesses and undertakings faces
problems of discrimination. Individuals are either discriminated based on their caste,
sex, color or creed. The legislation of Discrimination Act exists to govern and monitor
these spheres of the situation. No individual should be facing these problems at their
workplace (Anderson, Brodie & Riley, 2017). If these legislations do not monitor
these issues then it will never get resolved. Therefore, with the help of this legislation
it can be stated that the rate and level of such discrimination has diminished
(Charlesworth & Macdonald, 2015). The Acts that involve here include Racial
discrimination act, Human Rights Commission Regulations, age discrimination,
disability discrimination and sex discrimination. Fair Work Act also governs and
monitors the process of discrimination occurring at workplaces.
 Special duty of care or regulatory requirements that can be applied in the area of
practice?
The regulatory requirements are necessary that can be implied in the area of
discrimination in employment. The individuals working in the undertaking should be
taken care so that they are not being differentiated between the employers and
employees based on the reasons (Kavanagh & McRae, 2017). The causes of such
occurrence in the scenario must be prohibited by providing special duty to the persons
who have been facing such problems. The persons involved with such situation
should be given the adequate amount of care and therefore, the regulatory
requirements can be applied. Therefore, when there is any kind of discrimination
occurring at the workplace, proper duty of care must be put to use. Special duty of
care is provided to the employees who face gender, sex, age and disability
discrimination (Edge, 2017). The purpose of special duty is to monitor that no person
is facing such trouble in the organization.