Reference no: EM133717028

Introduction to Welfare Law

Assessment - Case studies

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)

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?

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.

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

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.

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?

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?

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

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.

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.

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.