SAP103 – Introduction to Welfare Law

2024 – Term 1
Assessment 1 - Case studies

Instructions to Students

1) Address the questions listed below.

2) This is an open-book assessment.
3) In your answer include only the content covered in lectures, the textbook and required
readings. Include referencing for any textbook and required readings cited in your
answer.
4) This assessment is worth 25% of the overall grade for this unit.
5) Write no more than 1400 words in total, submitted as one file.
6) Please include in your file for submission only the question numbers and your
answers to the questions.
7) Submit your answer file for assessment via Turnitin. Include standard AE cover sheet.
8) Submit your answer online by Week 5 on Sunday 10 March 2024 at 11.55 pm (AEST)
9) Reminder - Local jurisdiction
Your response to the scenario and circumstances in the case studies involves
undertaking research to identify and apply the framework of services and
arrangements involving the departmental, legislative, court, tribunal and
administrative structures that are applicable to local jurisdiction (ie State or
Territory) in which you presently reside. (Course outline, Note 1, p. 16)

10) There are three case studies to complete for this assessment:
Case Study A 10 Marks
Case Study B 8 Marks
Case Study C 7 Marks
_______________
TOTAL: 25 marks

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Case study A
Tabitha has been re-admitted to the local public hospital for psychiatric treatment.

She has a Mental Health Tribunal hearing coming up to decide whether she can
leave the psychiatric ward and receive her treatment in the community. Tabitha
wants to leave the hospital and go home.

Tabitha is a long-term client of a community mental health support service. She has
been receiving support from Peter (a community service worker) at the support
service for five years. She trusts Peter and has asked him to attend the Mental
Health Tribunal hearing with her.

Before the Tribunal hearing the medical treatment teams must write a report on
Tabitha’s medical treatment and her progress in recovering from her mental illness.
In the report, the treatment team have requested that Tabitha remain in the hospital
for treatment for a further three months.

The treatment team must also advise Tabitha of the time and date of the Tribunal
hearing and provide her with a copy of the report that they have prepared as
evidence for the tribunal. The hospital has complied with this protocol.

Peter attends the Tribunal hearing with Tabitha. With Tabitha’s consent Peter
presents a written report that he has prepared with provides detail of Tabitha’s past
attendances at the support service. The report includes dates and times of
attendance and records the successful completion by Tabitha of activities organized
by the support service.

During the hearing, the Chair of the Tribunal asks Peter to talk to the tribunal
members about Tabitha’s family support and her personal relationships, including
where Tabitha will go to live if she is discharged from hospital. Upon hearing this
request from the Chair, Tabitha tells Peter that she would like legal advice before she
says anything further to the Tribunal.

Question 1:
Identify the principle of administrative law that was applied by the hospital when they
advised Tabitha of the Tribunal hearing and give her a copy of their report? (2 marks)

Question 2:
Is Peter able to advise Tabitha on mental health law and how the law will apply in
Tabitha’s circumstances? Give a reason for your answer. (2 marks)

Question 3:
Describe what Peter can do assist Tabitha with her request for legal advice? (2
marks)

Question 4:
Describe the process that Peter would need to follow to obtain Tabitha’s informed
consent to discuss her relationship status with the Tribunal members. (4 marks)

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Case study B
Susan is a community services worker with expertise in family violence. She is part of
a team of professionals that visits the local aged facility service fortnightly.

Bert has recently moved to the aged care facility and staff have been concerned
about injuries that are evident when they help him to shower and dress in the
morning.

During discussions with Bert, he disclosed that a family member who has been taking
care of him has been violent towards him and takes his pension money. With Bert’s
consent the staff refer him to Susan and her colleague Jed who is a lawyer.

The staff have arranged for Bert to speak with Jed and Susan immediately about
applying for a court order to protect Bert from further violence, and to discuss safety
planning with them.

In your answer to questions below refer to the readings.

Question 5:
Identify three benefits to Susan of working in an integrated team with Jed? (3 marks)

Refer to Forell and Nagy (2021) Health justice insights: health justice partnership as
a response to domestic and family violence. Sydney, Health Justice Australia Inc, for
the common features of a family violence partnership. (Week 2 in Moodle)

Question 6:
What are the benefits to Bert of being able to speak with an integrated support team
at his aged care facility? (2 marks)

Refer to Kennedy, J. et al (2016), Integrating human service law, ethics and practice
(4th ed). Sydney, Oxford University Press. (Week 1 in Moodle)

Question 7:
What are the inter-professional tensions that Susan might experience working
together with Jed to support Bert? (3 marks)

Refer to Kennedy, J. et al (2016), Integrating human service law, ethics and practice
(4th ed). Sydney, Oxford University Press. (Week 1 in Moodle)

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Case study C
Beatrice is 12 years old, and she has been having trouble at school.

On the weekend Beatrice attends a netball match organised by Matthew who is a

youth worker employed by a local government run agency.

After the game, Beatrice tells Matthew that she is having trouble at school, and she
wants to change schools because she is frightened of her teacher.

Beatrice also tells Matthew that she has been hiding at the local shopping mall during
the day to avoid going to class.

Beatrice gives Matthew a piece of paper with her personal information written down
including her address, her phone number, and the name of the teacher she is
frightened of.

Question 8:
Discuss whether Matthew is mandated to report his concerns about Beatrice’s safety
under local legislation in your jurisdiction, in which you are presently living. (2 marks)

Question 9:
Can Matthew ask Beatrice further questions about her experience with the teacher?

Refer to the Office of the Australian Information Commissioner for the text of the
Australian Privacy Principles (APPs), a Schedule to the Privacy Act 1988 (Cth) (PA),
to identify and discuss limits that apply for the collection and retention of private
information by organisations and APP entities. (3 marks)

Question 10:
What is Matthew’s ethical obligation in relation to keeping Beatrice’s personal
information private?

Refer to the Australian Association of Social Workers Code of Ethics 2020, Sections
5.4.1 and 5.4.2. (2 marks).

END OF ASSESSMENT

Version Control

Version Date Author

1 16 February 2024 Unit Coordinator (Greg Swensen)

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