HSSW513 Civil Law Case Study Report: Social Justice and Legal Issues

This report is a comprehensive analysis of a civil law case study centered on social justice issues within the context of the Marigold Community Centre. The report examines the legal, organizational, and ethical challenges faced by the agency in assisting vulnerable individuals, including those with disabilities like Jen's child with autism. It delves into the need for clear policies regarding client confidentiality, legal intervention, and the protection of the agency's reputation. The report explores relevant legislation, such as the Administrative Decisions (Judicial Review) Act 1977 and the Privacy Act 1988, emphasizing the importance of balancing client rights with the agency's responsibilities. It highlights the significance of ethical decision-making, proper documentation, and adherence to professional codes of conduct to safeguard both the agency and its clients. The report concludes by emphasizing the importance of proactive administration, ethical practices, and thorough decision-making processes to mitigate potential legal and ethical issues and ensure effective service delivery. The report also discusses the importance of the Convention on the Rights of People with Disabilities and other declarations that protect vulnerable groups. Furthermore, it also emphasizes on the need for the agency to have a well-documented record of all the activities that are carried out, and also the policies need to be updated from time to time. Finally, the report also recommends that the staff should be aware of the ethical issues, so that they can take proper action based on ethical grounds in certain situations.

University
Social Justice
Case Study
Student Credentials
4/7/2020

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.

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

Civil Law 3
clients and a very limited information like the basic background and as such can be shared if
need be with other organizations for the data and their reports purposes, but rendering all the
private information of a client is something offending and strict measures as well as actions
need to be taken or made in order to deal with that as well (Preston-Shoot, Roberts, &
Vernon, 2001). Each client’s personal or private information is something that is confidential
and when one share that, while confiding in the agency or while the counselling session, this
information is not to be shared with the third party. If it so needs to be, then client has to be
informed regarding the same and permission needs to be obtained. While there is a clause in
the Code of Professional Conduct as specified by the Australian Government, that clearly
also mentions that in case it becomes a legal duty to do so, then it needs to be done without
any issues (Office of Australian Information Commissioner, 2019). Although, in such a case,
the agency here will have to get involved in the case, in order to avoid the same, all that can
be done here is provide all the information to the solicitor in order to prevent further
involvement as well as further questioning. Under the Privacy Act 1988 as well, certain
principles are provided that all the agencies in the Australia and Norfolk Island in the
governmental context and other specific organizations also have to abide by. Handling
customer information is the key to abiding the privacy policies as well as procedures (Federal
Register of Legislation, 2020). But in fact all of the above have mentioned it clearly that the
information has to be shared in cases where legal aspect gets involved, as in the client or the
agency or any party that is part of the transaction, is in some or the other legally involved in
some case. Necessary information shall be provided to the solicitor in order to avoid any
issues with the legal process that might ultimately drag the agency in the case (OAIC, 2015).
The agency has the job only to provide assistance to people who cannot fend for themselves
and helping these people out can be done only without unnecessary legal issues and
especially where the agency knows the least information regarding the client.

Civil Law 4
Another aspect that needs to be catered to is the policies and rules mentioned in the
Convention on the Rights of People with Disabilities as there are so many clients in the
agency who are disabled just as in the case of the Jen’s child who is autistic they fall under
this category and need to be provided special services and be protected under the law (UN,
2016). Which is why abiding by the rules of the convention can help in assisting with the
agency being protected under any suit being filed. However, in most of the scenarios, it
cannot be applied since people who fall under the category of depression or any such kind of
mental issues; they are not considered as disabled, hence, the law does not apply to them.
Similar is the case of other people who face racial bias or discrimination of any sorts based
on their race, ethnicity or even gender or anything for that matter (Doron, Karpel, & Or-
Chen, 2009). No individual can make people respect certain other people, and especially the
ones who dislike or have any kind of anger towards these certain people. Such situations need
to be dealt in a manner where individual’s rights are protected as well as agency‘s goodwill
also does not get affected. Declarations that help in doing the abovementioned include the
one as, the UN Declaration on the Rights of Indigenous People, that helps protect the rights
of Indigenous people worldwide (UN, 2018).
Decision making process for the agency
The policy regarding the organization of the documents also needs to be taken into
consideration. As far as practicality is concerned, maintaining proper records or documenting
every meet or session or even keeping track of what was done and what is still to be done
everything has to be properly documented in order to prevent any legal action against the
firm, in the above mentioned case, the agency has no information regarding the background
of the client or her family and hence, cannot provide information regarding the same to the
solicitor in this case. The agency here has to keep a record of what kind of assistance is being
provided to the clients and how are they protected. This protects agency and goodwill is

Civil Law 5
something that makes the agency known that inflicts directly on the funds or as such
assistance that the agency has been getting (Galowitz, 1999). These kinds of act can lead to
disruption in these funds and affect the other people who are a part as in the staff or even the
clients negatively. In scenarios where agency’s goodwill is threatened or a suit is file against
the agency it can lead to devastating effects (Madden & Raymie, 2003). However, in
situation where criminal or civil suit is filed against a client, or in any manner the client is
involved in a legal issue, the information that has been stored needs to be provided to the
authorities as this will prove that involvement of the agency was only for the upliftment and
not in the criminal or civil breach of law which is also not supported by the agency in any
way. Compelling and mandatory restrictions regarding being involved with the clients need
to be made so that there is a strict professional conduct on both ends. Apart from this, people
with strong ethics need to be involved in the agency so that they can take proper action based
on ethical grounds in certain situations. These policies are necessary to ensure the image or
the goodwill of the agency in the market. People who are ethically driven are the ones who
take better decision in situations like the one created here. The agency in no manner supports
any kind of legal breach, bet it criminal or even civil. Any kind of breach made by the client
is their own responsibility and not the agency’s as the counsellors or the people who help do
not promote any kind of such activities.
Conclusion
The administration itself can make so many chances in protecting the agency from
any of the future issues by ensuring that all the documents are in place, or even by monitoring
every program or session that is going on at the Centre. The leaders or the people at the top of
the agency need to be aware of all the aspects before taking any decisions as it will directly
reflect on the agency’s conduct. Every decision making process needs to be thoroughly
researched and well thought of as it might lead to a negative impression on the agency’s

Civil Law 6
conduct. This might even be of benefit to the third party as issues amongst the agency itself
can lead to confusion hence benefitting the third party. Every client needs to be dealt in such
a manner that will help the client as well as the agency. Ethics need to be made a part of the
working of agent’s day to day routine that have been working at the agency, need to be made
aware of the ethical issues they might face and the manner in which they need to deal with
the same.
Bibliography

Civil Law 7
Commonwealth Consolidated Acts. (2020). ADMINISTRATIVE DECISIONS (JUDICIAL
REVIEW) ACT 1977. Retrieved April 06, 2020, from Commonwealth Consolidated
Acts: http://classic.austlii.edu.au/au/legis/cth/consol_act/adra1977396/
Doron, I., Karpel, M., & Or-Chen, K. (2009). Social workers’ attitudes to the law: an Israeli
perspective. International Journal of Social Welfare Law, 95-103.
Federal Register of Legislation. (2020). Privacy Act 1988. Retrieved April 13, 2020, from
Federal Register of Legislation: https://www.legislation.gov.au/Details/C2014C00076
Galowitz, P. (1999). Collaboration between lawyers and social workers: Re-examining the
nature and potential of the relationship. Fordham Law Review, 2123.
Law Quarter. (2020). Who Represents Your Business? Agency Law In Australia. Retrieved
April 06, 2020, from Law Quarter: https://lawquarter.com.au/represents-business-
agency-law-australia-part-two/
Madden, R., & Raymie, H. (2003). Social work and the law: A therapeutic jurisprudence
perspective. Social Work, 338-347.
McNair, D. (2016, January). What is gross Negligence? Retrieved April 6, 2020, from PWC:
https://www.pwc.com.au/legal/assets/investing-in-infrastructure/iif-49-gross-
negligence-feb16-3.pdf
OAIC. (2015, May 6). Protecting customers' personal information. Retrieved April 13, 2020,
from OAIC: https://www.oaic.gov.au/privacy/guidance-and-advice/protecting-
customers-personal-information/
Office of Australian Information Commissioner. (2019, July 22). APP 6 — Use or disclosure
of personal information. Retrieved April 13, 2020, from Office of Australian

Civil Law 8
Information Commissioner: https://www.oaic.gov.au/privacy/australian-privacy-
principles-guidelines/chapter-6-app-6-use-or-disclosure-of-personal-information/
Preston-Shoot, M., Roberts, G., & Vernon, S. (2001). Values in social work law: Strained
relations or sustaining relationships? Journal of Social Welfare and Family Law, 1-
22.
UN. (2016). Convention on the Rights of Persons with Disabilities (CRPD). Retrieved April
6, 2020, from Department of Economic and Social Affairs Disability:
https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-
persons-with-disabilities.html
UN. (2018). UN Declaration on the Rights of Indigenous People. Retrieved April 6, 2020,
from UN:
https://www.un.org/development/desa/indigenouspeoples/wp-content/uploads/sites/
19/2018/11/UNDRIP_E_web.pdf